FOR 201C Science and Law MIdterm

US Constitution

Executive source of law

State and Federal Statutes

Legislative source of law

Court Decisions

Judicial source of law

Precedent Court Decision

previous court decision that serves as a guide to following court rulings

Non-Binding Court Decision

court decision that is not published thus not legally obligated to follow

Binding Court Decision

court decision that is published thus must be legally obligated to follow

State Level Court Names (California)

California Superior Court

California Court of Appeal

California Supreme Court

California Superior Court

trial court in CA

California Court of Appeal

appellate court in CA

California Supreme Court

highest court in CA

Federal Level Court Names (US)

United States District Court

United States ___ Circuit Court of Appeals

United States Supreme Court

California Circuit for Court of Appeals

9th Circuit

United States District Court

trial court for US

United States 9th Circuit Court of Appeals

appellate court for CA on federal level

United States Supreme Court

highest court in the US

Who should follow binding court decisions?

Any court that is below the designated court who published the decision. State and Federal courts are two different systems thus must not adhere to either one’s published decision

Voir Dire Examination

1) Defense ability to question the expert witness on knowledge and qualifications as an expert in their field'

2) Lawyers ability to question jury during jury selection

Writ of Habeas Corpus

“show me the body”

fundamental protection of US citizens against unlawful detention

Statute of Limitations

time period in which the prosecution can process a case after the crime has been committed

John Doe Warrant

pause of statute of limitations for identified, but not found subjects of interest

Methods of Discovery

1) Statutory Discovery

2) Brady Rights (Brady v. Maryland)

Statutory Discovery

legal obligation of prosecution and defense to exchange evidence

Subpoena Duces Tecum

formal request of exchanging evidence

Brady v. Maryland

US Supreme Court case that established the constitutional rule that prosecution must give any favorable evidence of innocence to the defense

Exculpatory Evidence

evidence that supports the defense motion

Impeachment Evidence

evidence affecting the reliability and credibility of witness

Ex: competency/professionalism, bias, dishonesty

What happens if Brady rights are violated?

court decision is overturned

4th Amendment

right to reasonable search and seizure

6th Amendment

right to a speedy and public trial of a jury of your peers

People v. Kelly

established Frye Rule

Frye Rules

1) General acceptance from scientific community

2) Witness is properly qualified as expert

3) Correct scientific procedures used in case

Daubert v Merrel Dow

Replacement of Frye Rules for some states including California

Daubert Guidelines

Determines whether questioned scientific method is valid and applicable to the facts of the case

Due Process

fair

Probable Cause

reasoning behind a reasonable search and seizure

Wobbler

crime that could be charged as a misdemeanor or felony

Arraignment

first proceeding in a criminal case where defendant goes before judge to hear where charges are read and pleas are entered

defendant is represented by a lawyer

within 48 hours of custody

Plea Bargain

where defendant can avoid trial by pleading guilty on a lesser offense

only for misdemeanor

Preliminary Hearing

initial evidentiary hearing for defendant in front of a judge

prosecutor must provide sufficient evidence of probable cause

only for felony

Chronology of a Criminal Case

1. crime committed

2. suspect is located

3. search/arrest warrant is issued

4. forensic analysis is done for DNA comparison

5. reports made and filed to DA for charges