Full Semester: CJC 202
Full Semester: CJC 202 CJC 202
Popular in Criminal Courts
verified elite notetaker
verified elite notetaker
verified elite notetaker
verified elite notetaker
STT 1600 - 02
verified elite notetaker
General Psychology 1100
verified elite notetaker
Popular in Criminal Justice and Criminology
This 22 page Bundle was uploaded by Meg Mikulski on Tuesday September 27, 2016. The Bundle belongs to CJC 202 at Loyola University Chicago taught by Dr. Don Stemen in Fall 2015. Since its upload, it has received 4 views. For similar materials see Criminal Courts in Criminal Justice and Criminology at Loyola University Chicago.
Reviews for Full Semester: CJC 202
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 09/27/16
CJC 202: Courts Final I . 6 Amendment a. “impartial jury” b. Why juries? i. Reasoning of several vs. reasoning of one ii. Limiting power of government iii. Provides some anonymity for defendant iv. Protect from biased judges v. Reluctance to trust government with decisions of liberty c. 2 goals i. Representative of community 1. Crossselection of community ii. No opinion about case (before trial) II . Selecting a Jury a. Master jury list i. In IL 1. Over 18 2. US Citizen 3. Citizen of judicial district 4. Able to understand English 5. Competent b. Venire – jury pool c. Jury panel (1620 people) d. Voir dire (“to tell the truth”) i. Questions to determine who might be biased 1. To ensure impartial jurors ii. Challenge for cause: specific legal reason for exclusion iii. Peremptory challenge: no reason necessary for exclusion 1. Cannot be used to exclude specific groups a. Race (Batson) e. Batson i. Challenges used to exclude ii. Exclusion was solely based on race III . Jury Size a. 12 jurors i. More would be impractical/burden on system ii. Large enough for effective deliberation b. 6 jurors i. Smaller 1 juror has too much power c. Guilty / not guilty / hung jury or no decision i. 45 states require a unanimous verdict 1 different vote = some reasonable doubt ii. 5 states no unanimity IV . Outcomes a. 78% of cases judges and jury agree i. 19% judge convicted and jury acquitted ii. 3% judge acquitted and jury convicted iii. Due to unclear evidence b. Deliberations i. 85% of cases first vote agrees of the case V . Pretrial Stages a. Initial appearance i. Defendant appears before judge ii. Judge informs defendant of rights iii. Judge sets bail iv. Public defender is appointed v. Defendants charged with misdemeanors can plead b. Preliminary hearing c. Arraignment d. Discovery e. Pretrial motions VI . What is the Purpose of Bail a. ROR, preventive detention, cash bail i. To ensure defendant returns to trial ii. Public safety VII . Factors to Consider in Setting Bail a. Ties to the community i. Employment ii. Family iii. Residential stability iv. Home ownership v. Student status b. Criminal history c. Severity of crime d. Mental health e. Homelessness f. Drug use/abuse g. Reliable transportation h. Prior FTA’s VIII. Constraints on Bail Amounts th a. 8 Amendment prohibits “excessive bail” i. Bail amount proportionate to severity of crime IX . Lower Courts a. Defendant’s almost never opt for trial b. 50% of defendant’s had no attorney c. Counsel acted as facilitator for pleas rather than advocate d. Bail was determined by charge not individual circumstances e. 2x as many defendant’s held pretrial than postconviction f. Time to disposition was extended through continuances g. Sentences unrelated to charges, priors, other expected predictors h. Court officials were frustrated, overworked, and belittled X . Defendant’s Decisions a. Securing an attorney i. Defendant’s don’t secure attorney’s 1. Already know outcome 2. High cost for indigent defendants 3. Don’t know attorney or hot to contact 4. Hard to find attorney from jail 5. Attorneys cause delay b. Secure release/bail i. High cost to defendant ii. High cost of bail bonds c. Pretrial diversion i. Time consuming/costs ii. Many see it as a penalty 1. Possible penalty postconviction XI . Defendant’s Pretrial Costs a. Attorney fees b. Bail c. Supervision fees d. Time e. Lost wages f. Childcare costs g. Transportation h. Psychological costs/emotional XII . 2 Possible Decisions a. Plead guilty i. Reduce the costs 1. Even if innocent b. Contest the charges / seek a trial i. Concerns 1. Harsher sentence 2. Continuances 3. FTA additional costs XIII. Why Plead Guilty? a. Reduce costs b. Assumptions about outcome c. Young individuals see conviction as a rite d. Little stigma attachment to conviction e. Low socioeconomic status are present – oriented XIV . Why is the process the Punishment? a. Pretrial costs are punishment b. Going to trial is punishment c. Punishment is shifted to pretrial not postconviction d. More procedural protections / more defendant’s i. Use these = more punishment ii. IRONY e. Rights used to protect innocent, but rush innocent to plead i. IRONY XV . Presentation of the Case a. The state presents first i. Why?: state has the burden to prove guilt ii. Beyond a reasonable doubt 1. Any reasonable person would find guilt 2. Evidence of a clear and convincing 3. “would act on it without question” XVI . Types of Evidence a. Real evidence: tangible evidences, physical evidence, links defendant to crime b. Testimony: statements by witnesses i. Lay witnesses – firsthand knowledge of crime, cannot give opinions ii. Expert witnesses – opinion of evidence c. Privileged communication d. Direct evidence: evidence by itself proves/disproves a fact e. Indirect evidence: evidence that requires fact finder to make an inference XVII. Rules of Evidence a. Relevant: related to the facts of the case i. Irrelevant not allowed 1. Unrelated to the facts of the case b. Competent: validity; evidence shows what it purpose to show c. Prejudicial: evidence that misleads the factfinder; caused decisions based on emotions d. Hearsay: testimony evidence given by a witness about a statement made by someone else th i. 6 amendment right to confront witnesses XVIII . Defendant’s Case a. Defendant presents after prosecutor i. Directed verdict: asks court to issue finding of not guilty 1. Because state did not meet burden b. Goal: create reasonable doubt i. Presenting evidence ii. Attack credibility witnesses/victim c. Affirmative defense XIX . Closing Argument a. Not evidence b. Summary of case XX . Types of Trial a. Bench: judge is fact finder b. Jury: jury is fact finder XXI . Purpose of Sentencing: What do we seek to achieve a. Deterrence b. Rehabilitation c. Incapacitation d. Restoration/restorative justice e. Retribution/punishment XXII. Just Deserts/Retribution a. Should the punishment fit the crime of the criminal? i. For purposes of punishment, the crime is what you are convicted of, not necessarily what you were charged with or what your intentions were b. What constitutes a punishment is relative across individuals. What are “punishments”? XXIII . Deterrence a. Certainty, severity, and swiftness b. Individual vs. general deterrence c. Deterrence may be one factor among many others d. Actual vs. perceptual deterrence e. Issue of certainty – how high does it have to be? i. Speeding f. Burglary i. 3.4 million (offenses), 299000 (arrests), 100000 (convictions), 46000 (sent to prison) 1. 1% to prison XXIV. Incapacitation a. What are the ways we can “incapacitate”? i. Electronic monitoring ii. House arrest iii. Chemical castration sex offenders iv. Ignition locks b. How long do we need to incapacitate? c. Is incapacitation effective? Efficient? i. Effective yes ii. Efficient no XXV . Rehabilitation a. Can we rehabilitate? Does it work? i. Yes and yes b. Risk, needs, and responsivity i. Target risk and needs c. Punishment is not rehabilitation; deterrence is not rehabilitation XXVI. Restorative Justice/Restoration a. What do victims want or need? b. To what degree is the victim’s needs the focus of the “criminal justice” system? To what degree should they be? CJC 202: Courts Exam 2 I . Stages of Pretrial a. Initial appearance i. Defendants charged with misdemeanors can plead guilty ii. Bail is determined primary decision of courts 1. Bail a. Release on recognizance (ROR) i. Manhattan Bail Project b. Preventive detention: holding defendant without bail pending trial c. Cash bond/bail: money defendant pays to court for release 2. Purpose of Bail a. To insure defendant returns for trial (historical purpose) b. To ensure public safety c. Consider: i. Risk of flight ii. Risk failure to appear (FTA) iii. Risk to public safety 3. Criteria: FTA – high risk of failure to appear a. Homelessness b. Unemployment c. No dependents, family, friends d. Residential mobility e. Drug use 4. Criteria: Public Safety a. Criminal history b. Severity of charges iii. Defendant hears charges iv. Judge informs defendant of rights v. Public defender appointed b. Preliminary Hearing / Grand Jury i . Preliminary hearing 1. Judge determines probable cause to charge 2. Prosecution and defense presents evidence a. Discovery: prosecution provides information 3. Information ii. Grand Jury (instead of preliminary hearing) 1. Jury of citizens determines probable cause 2. Prosecution only presents evidence 3. Indictment iii. Prosecution screening 1. Accept or decline cases from law enforcement a. Can I prove the case? evidence b. Should I prove the case? (likelihood of success at trial) i. Defendant culpability ii. Severity of crime iv. Prosecutor’s Duty 1. To do justice – ensuring innocent people are not prosecuted c. Arraignment i. Defendant must enter a plea 1. Not guilty 2. Guilty: 95% plead guilty during plea bargain 3. No contest: doesn’t dispute charges, but doesn’t admit guilt II . Adversarial System a. Used in the US b. Two sides fighting to win/contest c. Before a passive referee (judge) III . Inquisitorial System a. Used in the rest of the world b. Investigation lead by active judge c. Two parties that respond to requests by judge IV. Aspects of Adversarial Justice a. Outcome is result of contest b. Same rules that apply to both sides c. Each side has equal opportunity to present their evidence/side d. Both attorneys are equally qualified e. Neutral referee/judge/jury f. Passive referee/judge g. Both attorneys to maximum use of law h. Both attorneys must have different goals i. Prosecution wants conviction ii . Defense wants acquittal i. Both attorneys represent their clients’ interests j. Both sides have equal resources k. Outcome is based solely on evidence/argument V . Aspects of Adversarial Justice: Courtroom Workgroup a. Prosecutor society/justice b. Defense attorney defendant c. Judge law d. Routine interactions between same people* e. Routine crimes* f. Routine defendants* i. *Leads to typical crime and typical defendant typical outcome (going rate) assume guilt g. Courtroom actors start working together i. Work together toward the same goal ii. Shared values iii. Shared set of expectations VI . Goals of the Workgroup Origin External Internal Expressive Not manually Maintaining supportive Doing justice n group cohesion t n F Instrumental Reducing Dominate goals Disposing of uncertainty the Mutually cases (efficient) outcome of the supportive case VII . Are Prosecutors the most Powerful in the System? a. Screening: accept or decline cases b. Charging: determine number/severity of initial charge c. Divert/Deter/Dismiss: keep things out of traditional prosecution d. Plea offers: offer charge/sentence in exchange of guilty plea e. Presentation of evidence f. Power to recommend sentence g. Broad discretion h. Nonreviewable i. Not transparent VIII. Goals of Prosecution a. Conviction b. Efficiency c. Justice i. Defendant ii. Society d. Reelection IX. Election of Prosecutors a. Targeting specific offense for political reasons b. Focus on “wins” c. Tied to financial support d. Partisanship X . Justice Defendant Society Victim At Not prosecute unless they have Hold people accountable Guilty are Screenin good faith belief in guilt Ensuring appropriate punished g Not to over charge sentence Cases are treated with respect At Trial Ensure a fair proceeding Ensure proportional sentencing Seek least restrictive sanction XI . 4 Approaches to Screening a. Legal Sufficiency – evidence i. If all legal elements are present accept case ii. Leads to high acceptance rates iii. High dismissal rates b. Trial Sufficiency – accept if likely to succeed at trial i. Low acceptance ii. Low dismissals iii. High convictions c . System Efficiency i. Accept cases based on caseloads ii. High diversion rates iii. Overcharging d . Defendant Rehabilitation i. Accept cases or reject cases based on defendant characteristics ii. High diversion XII . Defense Attorneys a. Ethical duty i. Zealously represent clients ii. Represent client’s interests 1. Outcomes: a. Acquittal b. Lesser sentence/charge b. Challenge prosecutor’s case i. Questioning police practice/evidence/prosecution procedure c. Investigate d. Present defendant’s case e. Provide counsel i. Advising defendant of rights ii. Advising on courtroom procedures iii. Advice on client on likely outcome 1. Padilla v. Kentucky: weed in truck a. Collateral consequences b. Counsel did not provide all consequences 2. Lafler v. Cooper: shot in butt attempted murder a. Counsel gave bad advice argued f. Historical context i. Powell v. AL (1932) 1. Trials involving possible death sentence 2. Young defendants 3. Trial without attorney violated due process ii. Gideon v. Wainwright (1963) 1. State must provide attorney to indigent defendant charged with a felony XIII. Indigent Defense a . Contract System i. Contract with firm to provide all indigent defense ii. Fixed price: flat fee for all cases in the year iii. Fixed fee per case: price per number of cases 1. Difficult cases get same amount a. High rates of pleas b. Little attention to each case b . Assigned Counsel System i. Private attorney paid by case ii. Ad hoc – any attorney can be assigned 1. Attorney has no choice 2. No experience in criminal law iii. Coordinated – list of volunteers 1. Motivation c . Public Defender System i. Government agency employing state employees ii. Fulltimes staff iii . Benefits 1. More dedicated 2. More resources 3. More experienced 4. More knowledge of courtroom workgroup 5. Advise 6. More beneficial outcome XIV . Qualities of Judges a. Impartiality i. Unbiased ii. Openminded iii. No preconceived notions b. Independence i. Make decisions uninfluenced by other forces XV . Independence from …? a. Media b. Public opinion c. Politics d. Party e. Courtroom workgroup f. Money/contributions to political campaigns g. Interest groups XVI . Judicial Selections a . Appointment i. Federal 1. Appointed by president, confirmed by senate 2. Serve for life ii. Impartial: ? iii. Independent: yes iv. Qualified: yes v. Accountability: law, judiciary b. Elections (state) i. Partisan ii. Nonpartisan iii. Impartial: ? iv. Independent: ? party, money, popular opinion v. Qualified: ? vi. Accountability: the people c. Merit Selection (Missouri Plan) i. Committee, governor picks ii. Retention elections iii. Impartial: ? iv. Independent: ? v. Qualified: yes vi. Accountability: politicians, people XVII. Accountability a. Decisional i. Accountable for rulings 1. Illegal 2. Unpopular b. Behavioral i. Accountable for conduct XVIII. Why Do People Obey the Law? a. Courts depend on public satisfaction i. Absolute outcomes: win/lose ii. Relative outcomes: relative to our expectations 1. Outcome better = satisfied 2. Outcome worse = dissatisfied iii. Distributive fairness: deserved outcome/equal treatment 1. Equal treatment = satisfied 2. Unequal treatment = dissatisfied iv. Procedural fairness: procedures to determine outcome are fair b. Findings i. Judgements out outcome and fairness are distinct ii. Outcomes had no effect on views of fairness iii. Justice is important and procedural justice is the key 1. Procedural Justice a. Quality of decision making i. Decisions making appears neutral ii. Decisions based objective criteria iii. Decisions include defendants perspective b. Quality of treatment i. Status recognition c. 4 aspects of procedural justice i. Neutrality ii. Trust iii. Voice iv. Respect XIX . Victims’ Rights a. To an advocate b. To be informed trust c. To restitution d. To be heard voice i. At sentencing e. To be consulted trust f. To be protected g. To privacy h. To dignity/respect respect XX Prosecutor’s Views of Cases a. Objective/unemotional b. Organizational c. Standardized d. View of victim: i. Evidence ii. Case iii. Number XXI . Victims’ Views of Cases a. Emotional b. Personal c. Individual d. Unique story i. Part of their biography XXII. Victims Want a. Emotion by the prosecutor b. To be objective CJC 202: Courts Exam 1: Chapter 1 – 4 Roles of the Court a) Adjudication i) Determine guilt ii) Analyze evidence iii) Trial iv) Provides a forum v) Prosecutor screens arrests to determine enough evidence to charge vi) Prosecution/Defense presents cases vii) Judge/Jury determine questions of fact viii) Judge imposes sentence b) Oversight i) Ensure procedures are followed (1) Assignment of attorney ii) Ensuring laws are Constitutional (1) Oversight of law/policy makers iii) Who? (1) Police (2) Defense attorney/prosecutors c) Policy Making i) Miranda rights ii) Terry stop: stop and frisk iii) Indigent defense d) Allocation of Gains/Losses i) Impose punishment ii) Restitution iii) Collateral consequences: fees; loss of license, custody; treatment… e) Behavior Modification i) Penalizing/rewarding I Models of the Criminal Justice System a) Crime Control i) Goals: Controlling crime, Suppress crime, Protect society from crime ii) Values: Efficiency, Speed, Finality i Success: Reduction of crime, Number of convictions, Moving cases iv) Adjudication: Informal, Discretion, Uniformity v) Presumption: Guilt b) Due Process i) Goal: Protecting defendants’ rights ii) Values: Reliability iii) Success: Minimizing/correcting mistakes iv) Adjudication: Formal, Procedural, Adversarial v) Presumption: Innocence II Law a) Rules and guidelines for social conduct i) Behavior of citizens ii) Behavior of authority – court actors b) Dispute resolution device c) Maintain order d) Expression of values, morals, norms i) Whose values/norms? – time dependent e) Expression of fear, politics IV) Two Theories of Law Creation a) Consensus Theory i) Society: stable through interactions of different institutions (1) Religion, education, business, family, state: interconnected with shared goals ii) Goal: maintain order iii) Law: dispute resolutions – has to be neutral framework; expression of shared values/norms iv) Crime: violation of shared values (1) Murder, burglary, theft b) Conflict Theory (Marxist Theory) i) Society: collection of individuals or groups with individual interests, values, and goals (1) Competition or struggle for power ii) Law: tool for maintaining power; expression of the values of those in power iii) Crime: violation of the values of the powerful V Rule of Law a) Hierarchy of values/principles committed to writing b) A system that holds government accountable to those values/principles VI Principle of Law/Fundamental Values a) Freedom from governmental power b) Freedom to speak, assemble, exercise religion, challenge c) Autonomy: accountability d) Due process: procedural justice i) Fairness? e) Equality? f) Justice? g) Tolerance VII Sources of Law a) Constitution i) US & State ii) Organization and powers of government iii) Constitutional law – the law in the constitution as interpreted by the courts iv) Hierarchy of Law (1) US Constitution (2) State Constitution: can be more expansive, but not restrictive b) Statutory Law/Legislation i) Law enacted by legislative bodies ii) Hierarchy of Law (1) Federal Law (Supremacy Clause) (2) State Law (3) Ordinances iii) 52 criminal codes c) Case Law/Judgemade Law i) Rule established by a court through interpretation of statues and constitution ii) Sets a precedent – guide for deciding future cases in same court; rule for lower courts iii) Stare Decisis – “let the decision stand” iv) Predictability (1) Legitimacy (2) Fair VIII Substantive vs. Procedural Criminal Law a) Substantive – define criminal acts and sanctions b) Procedural – defines procedures states must follow to enforce substantive criminal law th IX Amendment a) Prohibition against unreasonable search and seizure b) Prohibition against search and seizure without probable cause c) Reasonableness: i) The initiation ii) The method d) Reasonable: Common sense, practical, not burdensome e) Probable cause: fair probability/substantial likelihood that a crime was committed and person/location was involved X Amendment a) Due Process i) “innocent until proven guilty” ii) Protection against arbitrary and unfair treatment by requiring government to act within the law iii) Substantive: law itself must be fair iv) Procedural: administration of law to be fair b) SelfIncrimination i) In court, defendant does not have to testify ii) During questioning by law enforcement (1) Custodial interrogation (a) Custodial not free to leave (b) Interrogation questioning about a crime for which defendant is suspect iii) Miranda: coercion (1) Physical coercion: torture, beating (2) Inherent coercion: “atmosphere of interrogation is itself coercive” c) Prohibition against double jeopardy d) Grand Jury for all capital and “infamous” crimes i) Only in federal ii) Panel of citizens, not public (secret) th XI Amendment a) Public trial b) Speedy trial i) 120 days: arrest trial (1) Cook county: 142 days average (2) Continuances c) Assistance of Counsel i) As soon as rights may be denied ii) Historically – only at trial and only if defendant could pay for it (1) Powell v. AL (1932): “Special circumstances” in capital cases (2) Hamilton v. AL (1961): All capital cases (3) Gideon v. Wainwright (1963): All felonies (a) States must provide defense attorneys for all indigent defendants (4) Arggersinger v. Hamlin (1972): any time defendant could be sentences to 6 months (or more), unless incarceration isn’t the likely outcome iii) Strickland v. WA: Right to “effective” counsel (1) Diligent representative of defendant’s interest (2) Educated in the criminal law (3) Ineffectiveness (a) Deficient performance (b) Resulted in prejudice (i) Without deficiency result would be different d) Impartial Jury i) Citizens from where the crime occurred ii) No preconceived ideas e) To confront witnesses f) To call witnesses g) To hear and respond to charges XII Amendment a) No cruel and unusual punishment b) No “excessive” bail i) Proportionate: (1) Severity of offense (2) Mental capacity of the defendant (3) Culpability of the defendant (4) Threat posed (5) Harm caused ii) More poor people in jail because can’t make bail XIII Criminal Law a) Focus: social wrongs, violates norms and values b) Party to case: state vs. citizen c) Seek to prove: guilt – actual commission of act and intent to commit a criminal d) Standard of proof: beyond a reasonable doubt i) Any reasonable person would agree on guilt ii) Clear and unquestionable e) Remedy: punishment/sanctions XIV) Civil Law a) Focus: individual obligations, disputes between individuals/groups b) Party to case: individual/group/corp. vs. individual/group/corp. c) Seek to prove: liability/responsibility – capacity to act and an obligation to act d) Standard of proof: preponderance of evidence i) More likely than not e) Remedy: damages/compensation XV) Similarities (Criminal vs. Civil Law) a) Purpose: i) Hold people accountable ii) Maintain order (1) Punishing (2) Repairing harm iii) Teaching norms/values (enforcing) (1) Legal and social function XVI) Crime a) Wrong against social norms/values that is so serious that it must be sanctioned by the state b) Mala in se – inherently harmful, universally seen as criminal c) Mala prohibita – only criminal because we call it so XVII) Limitations on Criminal Law a) Substantive due process i) Limits what conduct can be prohibited (1) Cannot infringe on substantive rights of individuals ii) Cannot be arbitrary b) Over breadth Doctrine i) Criminal law must narrowly define obscene c) Void for vagueness i) Law has to clearly define the act and punishment d) Ex post facto i) Criminal law comes first, than behavior XVIII) Corpus Delicti a) “Body of the crime” b) Actus Reus – voluntary commission of a criminal act i) Acts of omission – willful negligence (1) Child neglect, elder neglect, Good Samaritan laws c) Mens Rea – guilty intent to commit a criminal act i) Purpose: the desire to engage in a criminal act ii) Knowledge: awareness of illegality or belief in illegality iii) Recklessness: understanding and disregard of risk that results in criminal harm iv) Negligence: taking of unjustified foreseeable risk d) Concurrence – the guilty act and guilty intent must occur together e) Causation – guilty act must cause harm f) Harm – guilty act must result in harm i) Inchoate crimes – no actual harm (1) Attempted, solicitation, conspiracy: potential for harm XIX) Criminal Liability a) Varies by intent b) Strict liability – guilt is established even if no intent i) Statutory rape, Romeo and Juliet laws (4 year age window) c) Accomplice liability – guilt is established if intent to (a) aid and (b) aid leads to criminal act XX) Criminal Defenses a) Excuse – defendant admits to criminal act but claims no responsibility because there was no intent Mistake (1) Mistake of fact (2) Mistake of law (a) If not reasonably known (b) If defendant relies on official statements ii) Age – because of age lack of mature to inform intent (1) >7 i Insanity (1) Used in 1% of all trials, only successful 25% of time i Intoxication b) Justification – admit to act and intent and claim no responsibility because they had reason i) Duress – defendant was pressured to commit act (1) Threat of serious bodily harm (2) Harm threatened > harm caused (3) Threat must be immediate and inescapable (4) Defendant cannot cause duress XXI) Jurisdiction a) The authority of the court to hear and decide cases b) Geographic: state, federal district, county, municipality c) Subject Matter: type of case i) Offense type – felony vs. misdemeanor ii) Defendant type – veterans, mental health, substance abuse d) Personal Jurisdiction: jurisdiction of the person i) Comes with geographical ii) Over a person: (1) Juvenile e) Hierarchical: i) Original jurisdiction – trial courts ii) Appellate jurisdiction – appellate courts (1) Only after original jurisdiction iii) Courts of general jurisdiction (1) No restriction on subject matter iv) Courts of limited jurisdiction (1) Some restriction on subject matter XXII) Trial and Appellate courts a) Trial Courts i) Type of question: guilt / fact ii) Resources: evidence (physical), testimony of witnesses, juries b) Appellate courts i) Type of question: procedure / law ii) Resources: oral arguments of attorneys, trial courts written records, written briefs XXIII) Dual Court System a) Federal: i) Violations of federal statutes ii) Federal constitutional issues b) State: i) Violations of state statutes ii) State constitutional issues c) Hierarchy: i) US Supreme Court – “Court of Last Resort” (1) 9 justices (2) Chief Justice Roberts (3) Newest – Kalgan (2010) (4) Oldest – Ginsburg (83 years old) ii) Circuit Courts of Appeal – 13 appellate courts iii) District Courts – 94 federal trial courts XXIV) Reaching the Supreme Court a) Writ of Certiorari – request from a higher court to a lower court i) “Rule of Four” – four justices need to agree to hear a case (1) 90% are denied XXV) State Court System a) State Supreme Courts i) Final say on issues of state law b) Intermediate Appellate Courts i) Courts of initial review c) Trial courts i) General ii) Limited US Supreme Court UCourts of Supremeate Appeals Courts US District Appellate Courts Courts Trial Courts Exam: 510 fill in the blank 5 short answers 1 essay: given 2, choose 1
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'