7B Lecture Notes, 10-5-16
7B Lecture Notes, 10-5-16 CORR 106-02
Minnesota State University, Mankato
Popular in Introduction to Criminal Justice Systems
Popular in Department
This 4 page Class Notes was uploaded by Samantha Ashton on Wednesday October 5, 2016. The Class Notes belongs to CORR 106-02 at Minnesota State University - Mankato taught by Dr. Dennis in Fall 2016. Since its upload, it has received 11 views.
Reviews for 7B Lecture Notes, 10-5-16
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: 10/05/16
Lecture 7B, 10-5-16 Review The state and federal courts are completely separate. The number of frivolous lawsuits has not increased during the last 20 years. Civil court has the rule of preponderance. Most cases go to appeal to demonstrate that there was a fail in due process. Tribal court and military court have limited jurisdiction. Marbury v. Madison gave the Supreme Court itself the power to invalidate state law. ______________________________________________________________________ The Players in the Court Aggrieved Parties Civil trials o Plaintiff o Defendant Criminal trials o Defendant o There is no plaintiff because the state is the aggrieved party Witness Lay o Potential criminal liability o Tells background character of the defendant Expert o Evaluates evidence Defense Attorney/Public Defender Defense attorney is paid for by defendant, does a good job Public defender is given to defendant by court, doesn't really try o 50-70% of defendants use public defender Argues against criminal liability o Defendant didn’t do it o Element of crime is missing-most common o The law is unconstitutional District Attorney/Prosecuting Attorney For criminal liability o Defendant did it o All elements of crime are present o The law is constitutional Lawyers Draw contracts/wills Negotiate civil suits Issue legal advice Argue court cases Huge increase after 1970 o Belief that the lawyer is a civil right advocate o Glamorized media images o Pathway to political service o No specific undergraduate major required France o Major in law at the university o 3 year license de droit o 2 year master de droit o 3 year doctor de droit Britain o Major in law at the university o 1 year advanced course Barrister (courtroom) Solicitor (contracts) 1 year apprenticeship U.S. o Law school Don't like pre-law degrees because it isn't their curriculum o American Bar Association o Monopoly in legal education in the late 19 century Postgrad Law School o 3 years o University affiliated More prestigious More expensive Better job opportunity after o Independent Less prestigious Cheaper Less likely to get a good job Bar Exam o Required to practice law in a state o The pass rate is low so that more people can pass it o Need to take the bar exam in any state you want to practice law in Judge Duties o Maintain order o Issue warrants and court orders o Give verdicts in bench trials o Decide sentences o Review the decisions of lower courts (Supreme Courts) o Decides: If they want to take the case How much time is devoted to the case If they want to hear the witnesses How much weight is given to each argument What instructions to give the jury What sentence is handed down Federal judges o Article 3 Appointed by president o Magistrate Appointed by district court State judges o 4-10 year term o Can be appointed, elected or both (Missouri Compromise) Judicial Sanctions State o Impeachment/removal from office o Censure-most common o Suspension o Recall election Federal o Impeachment/removal from office (by state congress)
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'