Judicial Systems MIDTERM

3 Sources of Law

1. Constitutional Law

2. Case Law

3. Statutory Law

Constitutional Law

• federal and state constitutions that provide rights like the 4th, 5th, and 6th amendments

• ex. Miranda vs Arizona

Case Law

• published appellate opinions, both state and federal, that establish precedent

• ex. Mapp vs. Ohio

Statutory Law

• written laws enacted by legislative bodies

Federalism

• diffusion of power among different levels of government

Appellate Court (four principles)

1. Trial Transcript

2. Defense Attorney Brief

3. Commonwealth Lawyer Brief

4. Oral Arguments

Trial Court

• fact based

• includes witnesses and evidence

Federal Judges

1. Nomination by the president

2. Senate Judiciary Committee Review (20-22 ppl)

   1. can delay hearing

3. Full Senate Vote

   1. majority vote needed

State Judges

MA Merit System

1. Judicial Nominating Commission (JNC) review

   1. screen + evaluate applicants

2. governor reviews JNC’s recommendation

   1. chooses one candidate to nominate

3. governor’s council approval

   1. 8 elected members

   2. public hearing, then votes to conform/reject nominee

      1. majority vote needed

Burden of Proof

• prosecutor

• guilty beyond reasonable doubt

Guilty Beyond Reasonable Doubt

• federal and state prosecutors have to prove each and every element of a crime

Can you appeal sentences in MA?

• yes

• one of three/four states

• appeal does NOT go to MA appeals court or SJC

4th Amendment

Right to be free from unlawful search and seizure by law enforcement unless they have probable cause

1. the right of the people to be secure in their persons, houses, papers, and effects

2. against unreasonable searches + seizures shall not be violated

3. and no warrants shall issue, but upon probable cause

4. supported by Oath of Affirmation

5. and particularly describing the place to be searched, and the person or things to be seized

5th Amendment

Protection from self-incrimination

1. Right to a Grand Jury – For serious federal crimes, a person must be indicted by a grand jury before trial.

2. Protection against Double Jeopardy – You cannot be tried twice for the same offense after an acquittal or conviction.

3. Protection against Self-Incrimination – You cannot be forced to testify against yourself (“pleading the Fifth”).

4. Due Process of Law – The government cannot take away life, liberty, or property without fair legal procedures.

5. Takings Clause (Eminent Domain) – Private property cannot be taken for public use without just compensation.

6th Amendment

1. Right to a Speedy Trial – Trials cannot be unreasonably delayed.

2. Right to a Public Trial – Proceedings must be open to the public to prevent secret or unfair trials.

3. Right to an Impartial Jury – Defendants are entitled to a jury of their peers without bias.

4. Right to be Informed of Charges – The accused must know what they are being charged with.

5. Right to Confront Witnesses – Defendants can cross-examine witnesses who testify against them.

6. Right to Compulsory Process – Defendants can force witnesses to testify on their behalf.

7. Right to Counsel – Defendants have the right to a lawyer; if they cannot afford one, the government must provide one.

Courtroom Workgroup

• defense attorneys (FIGHT for client)

• prosecutors (represents ppl of state)

• judges (gatekeeper)

In order for their to be an appeal there has to be a…

• conviction

Precedent

• using past court decisions to guide future case

Fed Court System

• US Supreme Court

• US Circuit Court of Appeals

• US District Courts

MA State Court

• Supreme Judicial Court

• Massachusetts Appeals Court

• Superior Court

• District Court

1st Offense

• start with diversion

• CWOF: continue w/out finding

2nd Offense

• probation, suspended sentence

• HOC

• state prison

What are the three therapeutic courts

• mental health

• Drug

• Veterans

Writ of Certiorari

an order from a higher court to a lower court to send up the record of a case for review

Steps for Getting to an Appellate Court

1. Appellate Lawyer

• read trial transcript

  • looking to see if any constitutional rights violated or if the trial was conducted in a fair + legal way

• type up brief + send to commonwealth lawyer

2. Commonwealth Lawyer

• reads brief

• writes their own arguing why defense is wrong

3. Briefs are filed with an appellate court clerk for review and then distributed to justices on the case

Stare Decisis

• our system of law operates on precedent

Every case is…

fact-driven

Lawyers look back on past…

appellate opinions

Article 12

• similar to 5th amendment

• process + protection against self-incrimination

Article 14

• similar to 4th amendment

• right to privacy + protection from unlawful search + seizure unless law enforcement has probable cause

MA District Court

• handles misdemeanors (up to 2.5 years in house of corrections)

• felonies up to 2.5 years

• sentences may include probation, jail, or HOC

Superior Court

• one per county

• handles felonies (up to life w/out parole)

• can hear appeals from district court

US Supreme Court

• hears 10,000 appeals per year, but only takes 75-80 cases

US Circuit Court of Appeals

• first circuit for MA

• covers MA, NH, ME, RI, Puerto Rico

US District Courts

• trial courts

• 3 in MA

• total of 94 in US

If I file an appeal in MA district court I go to…

Massachusetts Appeals Court, then to SJC

If I file an appeal in US district court, I go to…

US Circuit Court of Appeals

If I file an appeal in MA superior court I go to…

MA Appeals Court, then to SJC