CJC 202 Criminal Courts Exam 1 SG

criminal and civil

what type of disputes do courts help settle?

purposes of courts

courts make decisions every day that have enormous impacts at the local and federal level

1. settle disputes

2. make public policy

3. interpret the law

code of hammurabi

long acknowledged to be the oldest known written code of law

• very broad in scope

• It was not law in the sense that law is understood today (a set of abstract principles applicable to all), rather, a set of judgments originally pronounced to solve a particular case(it was not an attempt to cover all possible situations)

• think an eye for an eye

• Covered certain actions of individuals – sexual behavior, property rights, etc.

consensus and conflict perspective

the two perspectives sociologists study laws as a control mechanism

Consensus Perspective

• view society as basically good, just, and more or

  less providing equal opportunity for all individuals within it

• Law is just and necessary to maintain control → through networks like (church, family, economy, gov, etc)

• Law is followed because they believe in it

• Social stability is also achieved in this view through cooperation, shared values, and the cohesion and solidarity that people feel by being part of a shared culture

Conflict Perspectives

• view society as unjust, unequal, and discriminatory

• Resources are limited and people are fighting for them

• Haves vs. have nots

• More powerful impose their will on the weak

• people seek to maximize their interest due to limited resources, etc.

crime control and due process

what are the two competing sets of ideas within the CJ system as described by Herbert Packer?

“represent an attempt to abstract two separate value systems that compete for priority in the operation of the criminal process”

crime control

• the most important

• its main values: you break the law → you get punished → if not we have a breakdown in the system

• views the criminal justice system as an assembly line

• goal of the criminal justice system should be controlling crime

• values: swift, certain, and severity of crimes

• process of adjudication: informal screening by police and prosecutor

• focus on: factual guilt

due process

limit mistakes – move slowly – ensure fairness?

• Person may be guilty – but if it isn’t proven beyond a reasonable doubt….. then that person should be free

views the goal of the criminal justice system as protecting the rights of the defendants

process of adjudication → formal, adversial procedures,

focus on: legal guilt

the due process model stresses reliability and minimizing the potential for

mistakes

adjudication and oversight

the two unique roles the courts play in the criminal justice system

adjudication

to process defendants who have been arrested by the police and formally charged with criminal offenses

• “the official labeling of someone as a convicted criminal, and the

  determination of legitimate punishment can be done only by a court”

prosecutors

who decides who should be charged with a crime?

oversight

the appellate court decides whether proper procedure was followed at the lower level

• may be asked to decide whether the procedures used to select the jury were appropriate, whether the defendant was denied effective assistance of counsel, or whether the trial court judge should have moved the case to another jurisdiction because of prejudicial pretrial publicity.

Appellate courts also oversee the actions of other criminal justice officials

• They decide whether the behavior of police, prosecutors, defense attorneys, and corrections officials comports with or violates laws and constitutional provision

•– layers of courts, circuit courts, appellate courts, supreme courts

 ensure due process, fairness

common and statutory law

sources of law

common law

judge made law

statutory law

this includes the constitution, statutes, ordinances, and administrative regulations

constitution

creates a government; it literally constitutes the government

Administrative regulations

another form of legislation, which, under certain circumstances, may have the

force of law. This means the courts will enforce them just like a statute. They are issued by agencies of the executive branch, which derive their authority from a delegation of power by the executive, or by independent agencies, created through a delegation of power from the legislature.

bill of rights

• a response to concerns in the articles of confederation and the three individual rights proposed

• ratified in 1791

• 23 specific individual rights

• amendments (first 8?)

first ammendment

•Not entirely without limitations

• One of the most coveted rights

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

1st clause = establishment clause (separation between church and state

second ammendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

sixth Amendment

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

eighth amendment

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

fourth Amendment

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” ⇒ no unreasonable searches or seizures (upon probable cause)

• Warrants are required to describe the subject of their search with “particularity.”

fifth Amendment

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation” ⇒ pleading the fifth + double jeopardy + rights to due process + face accusers

grand jury

comprises citizens who listen to the case presented by a prosecutor and decide whether there exists sufficient evidence to put the defendant on trial.

• intended to prevent the government from prosecuting people without some proof of guilt

indictment

legal document that charges a defendant with a crime

double jeopardy

(a) prosecute someone again for the same crime after the person has been acquitted

(b) prosecute someone again for the same crime after the person has been convicted

(c) punish someone twice for the same offense.

acquittal

occurs when a jury votes unanimously that the defendant has not been proven guilty “beyond a reasonable doubt”

• does not necessarily mean that the jury believes the defendant is innocent of the crime charged; it simply means that the state was unable to meet the high burden of proof necessary for conviction

Seventh Amendment

provides defendants in civil lawsuits filed in federal court with the right to a trial by jury. This amendment applies only to federal trials; it does not apply to civil lawsuits filed in state courts.

Ninth Amendment

the rights provided in the Bill of Rights should not be taken as the only rights that citizens have; they are merely some of the rights retained by the people.

tenth amendment

states that the rights not delegated to the federal government in the Constitution are reserved for the states or individual citizens.

•Federalism

• States have powers as well

• Rights not given to the feds are retained by the states

criminal law

•Defined by statute

• Primary purpose is to protect the public

AKA Substantive law= law of crimes

what we should and not do

• in this court it is required to have “proof beyond a reasonable doubt”

civil law

• in this court it is required to have “preponderance of the evidence”

•Addresses private wrongs

• Disputes (most of the time) between private parties

• No criminal penalties

• Awards are $$

criminal and civil law

two types of law

elements of a crime

• Actus Reus (The Criminal Act)

• Must act on thoughts

• Mens Rea (Acting on that Criminal Intent)

• Guilty mind

• Intent is the mental state

• Levels of intent: purposeful, knowingly, recklessly, negligently

Inchoate Crimes

•Crime can happen even if you don’t finish

• Attempt

• Solicit - persuade

• Conspiracy – agreement with 2 or more people

factual and legal

two types of causation

defenses to criminal liability

alibi, justification, and excuse

affirmative defenses

• alibi, justification, and excuse

the defendant has the burden of production and the burden of persuasion

burden of production

duty to produce evidence

alibi

defendant asserts he or she is not the person who committed the act charged

justification defense

the defendant admits he or she is committed the act that occurred but claims that under the circumstances, the act was not criminal. Two examples are self-defense and consent

excuse defense

defendants admit that what they did was wrong but argue that under the circumstances, they are not criminally liable for their conduct. Two examples are age and insanity.

crimes against the person

include the most serious offenses. These include the following:

• murder

• manslaughter

• felony murder

• rape

• assault

• robbery (because it creates a strong risk of physical harm to the victim in addition to the loss of their stuff)

crimes against property

These are the following:

1. burglary

2. larceny/theft

crimes against public order and morality

things like disorderly conduct and unlawful assembly is for the former

things like adultery, prostitution, and obscenity

torts, property, contracts, and family law

four major categories of civil law

plaintiff

in a civil case, the complaint is filed by a _________ rather than a prosecutor

Preponderance of the evidence

in civil law, this is when the evidence indicates that it is more likely than not that the defendant committed the wrongful act

juris

latin term for law

jurisdiction

denotes the legal authority or power of a court to hear a case

personal, subject matter, geographical, and hierarchical

primary types of jurisdiction

Personal jurisdiction

refers to the authority of a court over the person, or defendant

• a court may have jurisdiction over the person due to the person coming into contact w the court (by being a citizen of the state or commiting and act within it)

subject matter jurisdiction

refers to the authority of a court to hear a particular type of case

• some courts only hear specific cases (i.e. juvenile court, probate court) = referred to as courts of limited jurisdiction

• some courts may hear both civil and criminal proceedings = referred to as courts of general jurisdiction

these courts differ by state, and other factors

geographic jurisdiction

refers to the authority of a court to hear cases that arise within a specified geographical boundaries, such as city, state, or country (also aka venue)

• i.e. someone who assaults a person in washington cant be prosecuted in arizona for that assault

hierarchical jurisdiction

refers to the division of duties and roles among the various courts within a single jurisdiction (think jurisdiction from lower courts + jurisdiction from appellate courts (where appeals are heard))

judges

who issue decisions, sign warrants, decide bail

prosecutor

who?

Bring criminal charges

• Decide who will be charged and what charges will be filed

• Discretionary power