Courts Week two lecture notes
Courts Week two lecture notes Crju 3700
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This 5 page Class Notes was uploaded by Khaila Coissiere on Tuesday February 2, 2016. The Class Notes belongs to Crju 3700 at Georgia State University taught by Prof Johnson in Winter 2016. Since its upload, it has received 32 views. For similar materials see American criminal court in Criminal Justice at Georgia State University.
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Date Created: 02/02/16
Chapter 2 – Law and Crime Tuesday, January 19 The Basis of American Law Basis of Law = Human conflict o 4 keys elements defining law: Body of rules Enacted by public officials Enacted by a legitimate manner Backed by force of state Common Law Heritage Originated in England General law common to entire land Used in English speaking nations throughout world Exception Louisiana based on Napoleonic Code 3 key characteristics o Judge-made law o Based on precedent or stare decisis o Found in multiple sources "uncodified" Judge-Made Law Common law o Predominately judge-made rather than created by legislatures Modern criminal law o Defined by legislative bodies through enactment of codes Based on Precedent Stare decisis - "let the decision stand" o Following previous decisions with similar facts of a case Promotes fairness and consistency in judicial decision making Found in Multiple Sources Courts must know how the cases were interpreted as well as their location Sources of American law o Constitutions o Codes or statutes o Administrative rules and regulations o Judge-made law Constitutions Fundamental rules which dictate that people will be governed o 1st document establishing principles and general laws of a nation or state o Create guidelines or rules for establishing government o Defines powers of branches Codes or Statues These are rules enacted by state or federal legislatures (product of legislature process) OCGA Chapter 2 – Law and Crime Tuesday, January 19 Local government rules are often called "municipal ordinances" o Building permits, code enforcement, watershed management Administrative Rules and Regulations Agencies are created by and get their power to act from the legislature Delegated rule-making power with specific guidelines and limitation on that authority Regulations have "force of law" same way a legislative statute does, and they are often interpreted by courts o IRS o State boards o Zoning boards Judge Made Law Appellate courts are still a very important source of American law o Not "making" law, but "interpreting" it o Ex. Giving concrete meaning to vague terms; providing detailed "instructions" on how to comply The Adversary System Substantive law ("what"?) o Rules that create legal obligations Substantive civil law Tort, contract, domestic relations Substantive criminal law Robbery, burglary Procedural law ("how"?) o Establishes methods of enforcing these obligations Battle between 2 opposing parties Burden of proof is on the prosecutor (reasonable doubt) Decided by a neutral, detached, arbitrator o Judge or jury Rights of the Accused Crime prevention must take place without the violation of individual rights and liberties Safeguards are built in to protect rights of accused Levels of "Proof" Beyond reasonable doubt Clear and convincing Preponderance of evidence Probable cause - "believe crime/ someone committed" Reasonable articulable suspicion Mere suspicion - "hunch" Criminal Procedure Amendments Chapter 2 – Law and Crime Tuesday, January 19 4th, 5th, 6th, 8th amendments Selective incorporation - Supreme Court made some of Bill of Rights Types of Civil Disputes Types of disputes o Property, torts, contracts, domestic relations Remedy: result a plaintiff is seeking in a civil law suit against a defendant Remedies might be in form of o Monetary damages o Declaratory judgement o Injunction Civil Remedies to Fight Crime Lawsuits against criminal defendants in order to recover lost property Awarding compensation for injuries to person or property Asset forfeiture, injunction Criminal Law Overview Misdemeanor/felony Mala in se "bad in itself"/ mala prohibita "bad because it is prohibited" Five Elements of a Crime Corps delicti: o Actus reus - "guilty act" o Mens rea - "guilty mind" criminal intent o Guilty act and guilt intent are related o Attendant circumstances o Specific result Criminal Defenses Legal defenses Alibi defenses Mistake of fact Necessity Justifications (Self-defense) Procedural Defense of excuse (infancy) Insanity or mental illness Juvenile delinquency Chapter 3 – Federal Courts Thursday, January 21 Basis Principles of Court Organization Dual court system o State and federal courts that are separated but work together Jurisdiction o Geographical - particular location crime has occurred o Subject matter - courts hold only specific topics o Personal o Hierarchical - which court can handle case trial or appellate o Original o Appellate Federal Courts History and evolution o The constitutional convention - federalists vs. antifederalists o The judiciary act of 1789 - lowered courts and state lines drawn Marbury v. Madison (1803) Constitution granted courts power to judicially review o Court appeals act of 1891 o Federal courts today Responsibility of Judges U.S. Magistrate Court o Alleviate workloads of district court judges o Hear misdemeanors, felony and civil cases District Court o 89 in 50 states o Hear fed questions, diversity actions, and prisoner petitions Circuit Courts o 13 circuits - 3 panel judge rotation o Review district court decisions Supreme court justices o 1 chief justices, 8 associates o Court of last resort, rule of four - only 4 judges (minority) have to vote to hear a case Federal Question Jurisdiction Cases o Suits between states o Federal crimes o Bankruptcy o Antitrust o Admiralty o Securities and banking regulation o Patent, copyright, and trademark o Ambassadors and others high ranking officials o Etc. Diversity jurisdiction Suits between citizens of different states or a US citizen and a foreign country Chapter 3 – Federal Courts Thursday, January 21 AND Must be over $75k amount in controversy Impact of Federal Courts on Criminal Justice Administration Habeas corpus - arguing trial was unconstitutional Motion to vacate sentence Mandamus - ask courts to compel someone to do or not to do something Section 1983 - state official violated constitutional rights Bivens action - federal official violated constitutional rights Specialized Federal Courts Military courts - military personal, UCMJ, standards different Enemy combatants - didn’t qualify as prisoner of war Foreign intelligence surveillance courts - authority over electronic surveillance