Untitled Flashcards Set

the bill of Rights limits the FEDERAL branch of government.

Selective Incorporation Doctrine
• A constitutional doctrine that ensures states cannot enact laws that
take away the constitutional rights of American citizens that are
enshrined in the Bill of Rights

components of cj system are -courts, police, corrections

federalism= state and federal government and having checks and balances on each part of government

District Court – first appearance all criminal cases and
misdemeanor trial court (limited jurisdiction court)
• Trial Courts/Circuit Court – felony trial court and mandatory
jurisdiction over appeals from District Court (general
jurisdiction court)
• Court of Appeals – intermediate appellate court (mandatory
and discretionary jurisdiction)
• Supreme Court – court of last resort (discretionary
jurisdiction because have an intermediate appellate court)

Jurisprudence – the study of law or philosophy of law
• Socio-legal theory – law constantly evolving and changing
to meet societal needs. (Examples?)
• Legal positivism – if law created by agency with authority
and appropriate processes were followed, the law is a “good”
law

rights of the accused= due process, 5th and 14th amendment

District of Columbia v. Heller (2008) - Landmark Supreme Court case that affirmed an individual's right to possess a firearm for self-defense within the home, emphasizing the Second Amendment's protection of this right.

Problems In Process Delays
Delay in case processing causes what problems?
Legal issue(s)?
6th AM speedy trial issues
"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 defence."
Erodes public confidence in system
Impacts defendants (especially pretrial detainees/Bay City Case),
witnesses, and victims

Lower Courts (inferior courts)
Reminder: “limited jurisdiction”
Only specified legal claims
For state court systems “petty” matters
In Michigan called District Courts
Jurisdiction – civil under $25,000; small claims under $5000, LL/T
and criminal (misdemeanor trial, first appearance all criminal cases
and probable cause and preliminary examination in felony cases)

Probate Courts (estates and guardianships)
Court of Claims (where can sue Michigan officials and agencies)
composed of judges appointed from Court of Appeals – 2013 revision)

6th AM context (trial rights, Advice of Rights)

Criminal
Felony cases; disposition after bind-over
Family Court - Juvenile and divorce (family law)
Civil over $25,000
Personal injury (tort)
Commercial (contract and property)

Attorneys must be licensed to practice law in state where they practice
Typical state requirements
Bachelor (4 year) and Juris Doctorate (3 year) degrees
Pass state’s bar examination
Determined to be a “person of good character”
Sworn in under Lawyer’s Oath to uphold Constitution and other
laws; comply with all ethics rules
Attorneys are “officers of the court”
Typically state bar associations regulate profession under the
state’s court of last resort
General Attorney Licensing Requirements

“The prosecutor has more control over life, liberty and
reputation than any other person in America”
They deal with police, defense attorneys and the judge daily

Independent from, and “check” on, judiciary
Advocate vigorously on behalf of society for the guilt of the charged
defendant
However, prosecutor is also an “officer of the court”

solicitor general

Solicitor General: Represents the government before the Supreme Court and handles cases involving federal interests, ensuring the administration of justice at the highest level.

State Attorney General (elected)

Types of Pleas:
Not Guilty/Stand mute (judge enters not guilty)
Guilty
Nolo contendere (no contest)
Guilty but mentally ill
Not guilty be reason of insanity

North Carolina v. Alford (1971)
“I do plead guilty, but I didn’t do it”
Some judges accept if find “in the interest of justice”; many will not
North Carolina charged Henry Alford with first-degree murder. That
charge carried a possible sentence of life imprisonment or the death
penalty. Alford agreed to plead guilty in exchange for a second-degree
murder conviction. When Alford took the stand, he testified that he was
innocent and pled guilty to avoid the death penalty. The judge ensured
that Alford made his decision freely after consulting counsel. Alford
maintained his guilty plea, and after receiving evidence of Alford’s
extensive criminal history, the judge sentenced Alford to the maximum
30-year sentence.

Santobello v. New York
(Chapter Note Case)
Guilty plea to one misdemeanor with dismissal two counts of felony
gambling and prosecutor remaining mute at sentencing – final part not
honored by different prosecutor with new judge
D had long and serious criminal record
New prosecutor asked for maximum which the new judge imposed.
US Supreme Court: “such promise must be fulfilled”

Law on the books vs. law in action
Plea bargaining, not trial, is predominant activity
Trial is risky for both sides