Ch. 1 - Criminal Court System
1. What do you think is a fair sentence for men who abuse their wives’/partners/ girlfriends?
Begin a restraining order with 30 days in jail à probation and anger management. For the wife/girlfriend, provide a women’s group.
2. To be considered a Court of Law, what are the three elements?
1) Proper legal authority
2) Judicial branch
3) Judge is empowered to make decisions
3. What are the differences between criminal and civil court:
Criminal
A. Wrongs against society – ex) speeding, theft, drunk driving
B. Lose liberty – jail, prison, or death
C. Unreasonable doubt required (90-95% guilt)
Civil
A. Wrongs against people
B. Monetary punishment
C. Guilty by 51% -- preponderance of evidence
4. What are some functions of the court system?
1) Uphold the law – police arrest, prosecutor decides if charges are filed, judges decide sentence with a little help from probation officers
2) Protect people – defense lawyers and judges who ensure criminal rights are followed (ex – Miranda rights)
3) Resolve disputes – judge (aka – high paid referee)
4) Reinforce social norms – judges send a message to defendants (“I’m sentencing you to…because of your behavior”)
5. Explain the code of Hammurabi.
Earliest laws – “eye for an eye”
6. What did ole King William and his Norman Dukes do “back in the day” when they invaded England that is still going on in courts today?
- In 1066, King William and his dukes conquered territory in England.
- Fired “dumb” judges and hired “smart” ones
- Created precedent – King William wanted to write down sentences so judges could have something to follow
7. Explain precedent.
The use of past decisions of the court in other cases
8. Explain stare decisis how does this relate to former President Reagan and abortion.
Stare decisis means to abide or stand by past decisions
- For example, President Reagan (Rep) didn’t like abortion and called for a ban
o Justice Sandra O’Day Connor (Rep) said: “I’m not standing in the way of precedent” even if she also didn’t like abortions.
9. What is the oldest presumption of the law?
Presumption of innocence – defendants are innocent until proven guilty in a court of law
10. Define the 4th, 5th, 6th, 8th, 14th constitutional amendments.
- 4th: Illegal search and seizure
- 5th: Self-incrimination
- 6th: Right to a speedy and fair trial (within 90 days)
- 8th: Cruel and unusual punishment (also reasonable bail)
- 14th: State cannot deprive any person of life, liberty, or property
11. Explain Tennessee v. Gardner.
1985 – 15 year old African American boy was approached by police
- Got scared and started running away from police
- Got shot 15 times in the back and killed
Said that 4th Amendment seizure was unconstitutional (improper search and seizure)
“Imminent danger” is required before police officers fire a weapon
13. What is a tort & provide an example of a tort (use the example discussed in class today)?
A civil wrong – not accepted by society; causes harm to people
- Ex) Dog bite
- Ex) Car crash – David crashed and killed five people (didn’t go into detail in class/didn’t get to it)