Chapter 1: Law
Definition of Law:
Law is defined as the codification of social norms and expectations deemed necessary for the maintenance of society.
Types of Law
Substantive Law:
Represents the body of law that defines the parameters of social behaviors, outlining what is permissible and what is prohibited.
Procedural Law:
Concerns the process of adjudicating social behaviors that are prohibited by substantive law, including the methods by which legal cases are initiated and conducted.
Categories of Criminal Acts
Mala in Se:
Refers to criminal acts that are inherently wrong and universally condemned.
Mala Prohibita:
Involves behaviors that are not inherently immoral but are deemed wrong due to legal prohibitions.
Evidence
Definition of Evidence:
Evidence is the demonstration of the truth or untruth of allegations in a court of law through the consideration of relevant, competent, material, and probative information.
History of Law and Legal Process
Code of Hammurabi (circa 2270 B.C.):
Acknowledged as the oldest known legal code in the world, establishing foundational legal principles.
Evolution and Impact of European Law
Law of Evidence:
The rules guiding the admissibility of information in court proceedings.
Common Law versus Civil Law
Common Law:
Comprises a compilation of judge-made laws, originating in England and influencing English-speaking countries.
Civil Law:
A legal system based on Roman law, focusing on the rights of private citizens and stemming from statutes and legislative authority.
Precedent and the Doctrine of Stare Decisis
Precedent:
Refers to prior judicial decisions that set a legal authority or rule for resolving future cases concerning similar legal questions.
Stare Decisis:
A legal doctrine mandating courts to follow the precedent established by higher courts when addressing the same legal question.
Trials
Trial by Battle:
An ancient method for dispute resolution through combat, resulting in submission or death of one party.
Trial by Ordeal:
A medieval method involving torture believed to reveal guilt or innocence through divine sign.
Wager of Law or Compurgation:
A feudal court procedure where the accused would make an oath of truth and bring forth supporters to confirm their veracity.
Juries
Presentment Juries:
Early panels of citizens empowered to report crimes, precursors to the American jury system.
Petit Jury:
A group assigned to determine fact and render a verdict in a trial.
Important Legal Concepts
Magna Carta:
A significant document establishing the principle of the rule of law, limiting governmental power.
Writ of Habeas Corpus:
A legal instrument that protects against unlawful detention.
Sources of Law in the American System
Common Law Sources:
Centered on judge-made law and the principle of stare decisis.
Civil or Legislative Law:
Comprises laws formulated by government bodies, including constitutions and statutory laws at both state and federal levels.
U.S. Constitution:
The supreme law establishing the framework of government and the law of the land.
Bill of Rights:
The first 10 Amendments of the U.S. Constitution spelling out specific rights and liberties.
Bill of Rights Details
First Amendment:
Prohibits Congress from establishing religion or restricting free exercise, speech, press, assembly, or petitioning the government.
Second Amendment:
Establishes the right to bear arms and maintain a well-regulated militia.
Third Amendment:
Prohibits the quartering of soldiers in private homes without the owner's consent.
Fourth Amendment:
Protects against unreasonable searches and seizures, requires warrants to be supported by probable cause.
Fifth Amendment:
Protects against self-incrimination, double jeopardy, and guarantees due process and just compensation for property taken for public use.
Sixth Amendment:
Ensures the right to a speedy, public trial by an impartial jury, as well as the right to confront witnesses and obtain counsel.
Seventh Amendment:
Guarantees the right to trial by jury in civil cases where the monetary value exceeds twenty dollars.
Eighth Amendment:
Prohibits excessive bail, excessive fines, and cruel and unusual punishment.
Ninth Amendment:
Declares that the enumeration of specific rights in the Constitution does not deny or disparage others retained by the people.
Tenth Amendment:
Affirms that powers not delegated to the United States nor prohibited to states are reserved to the states or the people.
Presumption of Innocence
A fundamental principle in criminal law stating defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Burden of Proof
Legal obligation requiring a party to substantiate claims or allegations, typically resting on the state in criminal trials.
Rules of Evidence
Unified Rules of Evidence:
Guidelines dictating admissibility and handling of evidence in courts.
Federal Rules of Evidence:
Established standards for federal courts.
State Rules of Evidence:
Guidelines that vary by jurisdiction for state courts.
Relevancy and Materiality in Evidence
Relevant Evidence:
Material evidence that has a probative value related to the issues at stake in the trial.
Materiality:
Evidence deemed logically connected to a fact in question, often assessed in terms of its impact on the trial outcomes.
Case Citations
Unique identifiers for legal documents that help locate the full text of judicial opinions.
Chapter 2: Jurisdiction, Federalism, and Sovereignty
The U.S. Constitution was crafted to prevent the autocratic control of the federal government, recognizing and preserving state sovereignty.
Federalism
Defined as a constitutional distribution of power where sovereignty is shared between a central governing body and constituent political units, such as states.
Distribution of Powers
Exclusive Powers:
Powers reserved only for the federal government, including:
The right to levy tariffs on imports and exports.
Regulation of interstate and foreign trade.
Coining money.
Maintaining armed forces.
Declaring war.
Establishing federal courts.
Control of immigration processes.
Shared Powers:
Powers exercised by both federal and state governments, such as:
Creating courts, collecting taxes, enacting laws, and law enforcement.
Denied Powers:
Powers prohibited by the Constitution, including:
Importation of slaves.
Suspension of habeas corpus.
Bills of attainder and ex post facto laws.
The assigning of titles of nobility.
Enumerated Powers:
Powers specifically listed within the Constitution, including the authority to lay and collect taxes, pay debts, create courts, declare war, and maintain military forces.
Elastic Clause
The clause indicating Congress's authority to pass laws deemed necessary and proper, leading to implied powers of federal government.
Federalism and Criminal Law
States may grant more rights than the federal government but cannot reduce those guaranteed federally.
Criminal acts predominantly fall under state statutes, with federal crimes making up a minority.
An act can violate both state and federal laws, potentially leading to criminal prosecution in both jurisdictions due to the separate sovereigns exception.
Criminal Laws Enacted by Federal Government
Federal laws can be established for:
Regulation of interstate commerce, protection of civil rights, and safeguarding federal functions.
Law Enforcement in the United States
Over 18,000 law enforcement agencies serve various jurisdictions, including municipal, county, state, tribal, university, and federal levels.
The Federal Courts
Judiciary Act of 1789:
Established the federal court system, including district courts and special courts.
District courts have the authority to hear most categories of federal cases, civil or criminal, and there are 94 federal judicial districts.
Special Trial Courts
Court of International Trade
Handles cases regarding international trade.
U.S. Court of Federal Claims
Deals with claims against the U.S. government.
Role of Federal Magistrates
Federal magistrates assist district judges by handling preliminary matters and certain civil and lesser criminal cases.
Courts of Original Jurisdiction
Refers to courts that have the authority to hear cases for the first time, such as trial courts in criminal cases.
Appellate Courts
Federal Circuit Courts:
Intermediate courts that review appeals from district courts; there are 13 total circuit courts across the U.S.
The United States Supreme Court
Highest appellate court and final authority on federal law.
Comprises one Chief Justice and eight Associate Justices, with life tenure post-appointment by the President and confirmation by the Senate.
Writ of Certiorari:
A request for the Supreme Court to review a case, typically concerning constitutional issues or inconsistencies among lower courts.
State Courts
The majority of cases (approximately 100 million per year) are adjudicated in state courts, focusing on both criminal and civil matters.
Types of state courts:
Courts of limited jurisdiction.
Courts of general jurisdiction.
Intermediate appellate courts.
Courts of last resort.
Courtroom Actors
Prosecutor:
Represents the state in legal proceedings; also known as district attorneys or state's attorneys.
Defense Attorney:
Advocates for the accused and provides legal counsel.
Poor defendants may receive representation through public defenders or appointed counsel.
Judge:
Oversees courtroom proceedings, evaluates evidence admissibility, interprets law, and provides jury instructions.
Selection of Judges
Federal judges are typically appointed, while many state judges may be elected or selected through alternative plans like the Missouri Plan.
The Criminal Justice Process
Pretrial Proceedings
Complaint:
Filed by citizens, police, or prosecutors to initiate a case.
Arraignment:
The accused appears in court for fingerprinting and reading of charges, at which point bail is set and the next appearance scheduled.
Pleas:
Plaintiffs can enter various pleas during the arraignment, including guilty, not guilty, not guilty by reason of affirmative defense, or nolo contendere (no contest).
Affirmative Defense
A legal justification for actions taken, which may include insanity, entrapment, coercion, necessity, or self-defense.
Plea Bargaining
The negotiation process where a defendant pleads guilty in exchange for a potentially reduced sentence or lesser charges.
Motions and Duty to Discourse
Motions:
Formal requests to the court for specific actions or rulings, such as physical examinations, summary judgments, or dismissal of cases.
Motions to Suppress:
Requests made by counsel to exclude certain evidence from being considered.
Motions to Discover:
Requests compelling the opposing side to share pertinent information not voluntarily disclosed.
Preliminary Hearings and Grand Juries
Both processes act as probable cause hearings to determine whether there is sufficient evidence to proceed with charges.
Petit Jury:
The jury responsible for determining guilt in criminal cases is known as a petit jury, protected under the Sixth Amendment.
The Trial
Opening Statements:
Each side introduces their case to the jury.
Presentation of Evidence:
Initiated by the prosecution; evidence can be direct, circumstantial, demonstrative, real, testimonial, or scientific.
Closing Arguments:
Summary statements provided by both sides.
Jury Instructions:
The judge must provide legal information essential for the jury's decision-making process, including definitions and burden of proof.
Deliberations:
The jury discusses the case to reach a verdict, which can result in a guilty plea, hung jury, or mistrial.
Sentencing:
Typically occurs following a guilty verdict, considering mitigating and aggravating circumstances.
Post-Trial Motions and Appeals
Convicted individuals can file appeals based on various legal grounds, generally initiated by submitting a brief.
Chapter 3: Evidence
Definition of Evidence
Evidence encompasses any means intended to prove the truth of a fact in question.
Only relevant, material, and lawfully obtained evidence can be presented to a jury.
Relevancy and Materiality
Relevancy:
Determines the admissibility of information; any material fact enhancing the probability of an issue's determination.
Materiality:
Refers specifically to evidence having a logical connection to the facts at issue, impacting its impact on the trial.
Types of Evidence
Competent Evidence:
Relevant, material evidence without admissibility impediments.
Real Evidence:
Evidence perceived through the senses, such as physical items or witness testimony.
Circumstantial Evidence:
Evidence requiring inference, indirectly supporting or contradicting a fact.
Direct Evidence:
Information that proves a fact directly without the need for inferential reasoning.
Prima Facie:
Evidence that sufficiently stands alone to establish a fact unless countered with substantial evidence.
Circumstantial Evidence of Guilt
Can include proof of intent, motive, means, flight, and concealment supporting a conclusion of guilt.
The defense can counter by highlighting a lack of circumstantial evidence suggesting innocence.
Key Concepts in Guilt
Motive:
Refers to the underlying reasons prompting an individual to commit a crime, such as jealousy or need for money.
Opportunity:
Conditions making the commission of an offense feasible.
Alibi:
Evidence proving a defendant's whereabouts during the commission of an alleged crime.
Criminal Intent:
The conscious decision to engage in unlawful behavior; encompassing the mental state required for different degrees of criminal involvement.
Consciousness of Guilt
Inferred from circumstantial evidence demonstrating non-typical behavior convicting the accused.
Includes actions like concealment, sudden wealth, flight, or intimidation of witnesses.
Guilty Actions:
Evidence of admissions or active behavior suggesting guilt.
Mens Rea (Guilty Mind)
Essential for criminal liability, requiring proof that the accused had a guilty mind at the time of the offense.
Categories of mens rea include:
Intentionally (Purposely)
Knowingly
Recklessly
Negligently
Other Uses of Circumstantial Evidence
This can developed in several contexts, including inference of possession, prior false claims, or behavioral evidence linked to guilt.
However, circumstantial evidence cannot be used if it violates a constitutional right or shows exercise of legal rights, such as refusal to testify.
Substitutions for Evidence
Such as stipulations, presumptions, and judicial notice, serve as alternate forms of establishing factual elements in court.