Chapter 1 - Foundations of Law Practice Flashcards

Foundations of Law Definitions

• Law: Rules formulated by the government.

• Justice: Fairness and objectivity in the application of law.

• Social Contract: The surrender of freedoms in exchange for protection by society.

  • Example: Individuals surrender the freedom to assault others so society remains safe.

Sources of Law

• English Common Law (Custom Law):

  • Hundreds of years ago in England, there was no formal written law.
  • Royal judges settled legal disputes.
  • Random judicial decisions became accepted law.
  • Modern legal names and definitions originating from this time include:
  • Manslaughter
  • Law practice

• U.S. Constitution:

  • The fundamental written law of the United States.
  • Originally designed as a blueprint for a federal system.

• Statutes:

  • Formal written laws enacted by the legislature.
  • Example: Penal Law defining criminal offenses.

• Court Decisions (Case Law):

  • Courts interpret the Constitution and state/federal statutes.
  • Written interpretations become case law.
  • Case law establishes precedent for policing.

Criminal Law vs. Civil Law

• Criminal Law:

  • Concerns wrongs against society.
  • Actions are initiated by the State (District Attorney).
  • The format is State vs. Individual.

• Civil Law (Tort):

  • Concerns wrongs against an individual.
  • Actions are initiated by the injured person.
  • The format is Person vs. Person.

Legal Standards of Proof

• Probable Cause: Reasonable cause or reasonable grounds to believe something.

• Preponderance of Evidence: Evidence is more convincing than opposing evidence; often referred to as the $51\%$ standard.

• Clear and Convincing Evidence: More than a preponderance but less than beyond a reasonable doubt; evidence is highly and significantly more likely to be true than false.

• Beyond a Reasonable Doubt: The highest legal standard. Evidence leaves no reasonable alternative explanation.

Offense Categories and Confinement

• Crime: Felony:

  • Punishment involves confinement in State Prison.

• Crime: Misdemeanor:

  • Punishment involves confinement in City/County Jail.
  • Confinement duration is typically defined as $16$ to $364\,days$.

• Petty Offense: Violation:

  • Punishment involves confinement in City/County Jail.

• Petty Offense: Traffic Infraction:

  • No confinement is sentenced.

The United States Constitution and Government Branches

• The Constitution is the fundamental written law of the United States.

• It contains $7$ Articles and $27$ Amendments.

• Article I: Establishes the Legislative Branch.

• Article II: Establishes the Executive Branch.

• Article III: Establishes the Judicial Branch.

Bill of Rights: First, Second, and Fourth Amendments

• First Amendment (RAPPS/DARDS):

  • Protects: Religion, Assembly, Press, Petition to Government, and Speech.
  • Note: These freedoms are not absolute.

• Second Amendment:

  • Protects the Right to Bear Arms.
  • This right is not absolute.

• Fourth Amendment:

  • Protects against unreasonable governmental searches.
  • Protects against unreasonable governmental seizures.
  • Fruit of the Poisonous Tree: Evidence obtained through an illegal search or seizure may be excluded from court, along with additional evidence discovered because of the original illegal action.

Bill of Rights: Fifth Amendment Protections (REDDS)

• REDDS mnemonic represents:

  • R: Right to Grand Jury
  • E: Eminent Domain
  • D: Due Process
  • D: Double Jeopardy
  • S: Self-Incrimination

• Double Jeopardy: Prohibits a citizen from being tried twice on the same charges.

• Grand Jury:

  • A closed process.
  • Consists of $16$ to $23$ people.
  • $12$ jurors must determine if sufficient evidence exists to establish an indictment.
  • A True Bill indicates sufficient evidence exists.
  • No True Bill indicates insufficient evidence.

• Self-Incrimination:

  • A person does not have to speak to a police officer.
  • The right against self-incrimination is absolute and may not be infringed upon by the government.

• Due Process:

  • Government cannot unfairly deprive a person of life, liberty, or property without proper legal procedures.

• Eminent Domain:

  • Government may acquire private property for public use.
  • Fair property value must be provided to the owner.

Bill of Rights: Sixth, Eighth, and Fourteenth Amendments

• Sixth Amendment Rights:

  • Right to a speedy and public trial by an impartial jury.
  • Right to counsel (attorney).
  • Right to confront witnesses.
  • Right to cross-examine witnesses.
  • Right to be informed of the charges.
  • Right to obtain witnesses in favor of the defendant.

• Eighth Amendment:

  • Protects against cruel and unusual punishment.
  • Protects against excessive bail.
  • Protects against excessive fines.

• Fourteenth Amendment:

  • Protects citizens from abusive acts by state governments.
  • States cannot remove rights granted under the Bill of Rights.

Components of the Criminal Justice System

• Police: Responsible for order maintenance and service.

• Prosecutor: Presents evidence in criminal cases.

• Courts: Responsible for adjudicating cases.

• Corrections: Maintains custody of convicted offenders.

Goals of Criminal Sentencing

• Retribution: Punishes wrongdoers.

• Deterrence: Prevents crime.

• Incapacitation: Protects the community.

• Rehabilitation: Provides treatment or training.

The Court System and New York Trial Courts

• Trial Courts: Adjudicate cases.

• Appellate Courts: Review decisions of trial courts.

• Court Jurisdiction: A court's authority to hear a particular case.

• New York City Criminal Court:

  • Handles initial arraignments.
  • Handles misdemeanors.
  • Handles felony cases before indictment.

• New York Supreme Court:

  • Handles felony trials.
  • Handles grand jury proceedings.

• New York City Family Court:

  • Handles cases involving children.
  • Handles domestic violence.
  • Handles Persons in Need of Supervision (PINS).
  • Handles juvenile delinquency.

Judicial Hierarchy

1. Trial Courts
2. New York State Appellate Division
3. New York State Court of Appeals (The highest court in New York)
4. United States Supreme Court:
   • The highest court in the United States.
   • Decisions become nationwide case law.

The Criminal Justice Process

1. Investigation: Legally gather evidence.
2. Summary Arrest / Warrant:
   • Summary arrest is an arrest made without a warrant.
3. Station House Processing: Includes reports, fingerprints, and general processing.
4. Central Booking: Prisoner is held until the initial court appearance.
5. Complaint Preparation:
   • Assistant District Attorney (ADA) reviews charges.
   • Accusatory instruments are prepared.
6. Arraignment: The initial court appearance.
7. Preliminary Hearing: Determines whether sufficient evidence exists to present the case to the grand jury.
8. Grand Jury: A closed process.
9. Rearraignment / Indictment: Conducted in the New York State Supreme Court.

Questions & Discussion

• Q: What is the fundamental written law of the United States?

  • A: United States Constitution.

• Q: Which amendment protects against unreasonable searches and seizures?

  • A: Fourth Amendment.

• Q: What does the Sixth Amendment protect?

  • A: Right to a public trial.

• Q: What is the nature of grand jury proceedings?

  • A: They are a closed process.

• Q: Which court handles misdemeanors and felony cases before indictment?

  • A: New York City Criminal Court.

• Q: What is the purpose of a pre-trial hearing?

  • A: To determine whether evidence was constitutionally obtained.

• Q: What is the purpose of a preliminary hearing?

  • A: To determine whether sufficient evidence exists to present the case to the grand jury.

• Q: How is a crime punishable by $16$ to $364\,days$ categorized?

  • A: Misdemeanor.

• Q: What is the standard of proof in criminal court?

  • A: Beyond a Reasonable Doubt.

• Q: What categories are limited to crimes?

  • A: Felonies and misdemeanors only.