Criminal Justice Class Notes
Criminal Justice Class Notes Criminal Justice 101
Popular in Criminal Justice in America
Popular in Criminology and Criminal Justice
This 3 page Class Notes was uploaded by Bailey Wilhoit on Sunday October 16, 2016. The Class Notes belongs to Criminal Justice 101 at University of South Carolina - Columbia taught by Therese Lee Clement in Fall 2016. Since its upload, it has received 9 views. For similar materials see Criminal Justice in America in Criminology and Criminal Justice at University of South Carolina - Columbia.
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Date Created: 10/16/16
Criminal Justice Week 4 ● Civil Law ○ Separate from criminal law ○ When you sue someone ○ Private parties start civil case ○ The person who files the case is the plaintiff ○ The person filed against is the defendant ○ Ex: ■ Contract dispute ● You believe someone breached a contract ● In order to win, you must prove there is a contract and consideration ○ What is a contract? ■ There must be an offer, then an acceptance ○ What is consideration? ■ In law it means both sides have to give something up ● You must show the breech of the contract ○ Sometimes breach is intentional, other times it’s impossible ■ Going to sell house, but before you close the house burns down. ■ Tort ● Private wrong that causes harm to another ○ Ex: car accident ■ Divorce ● Breach their vows (basically a contract dispute) ○ What you normally sue for is fair compensation, not jail time ○ Must prove case by preponderance of the evidence ■ Civil standard of proof ■ Prove case “more likely than not” ● Court if center of criminal justice system ○ Juris prudence: philosophy of the law ○ Dual court system ■ Subject to federal and state courts at any given time ○ Federal court ■ If you commit federal crime ■ Levels of federal court (low to high) ● United States Magistrate Courts ○ Jurisdiction over lesser misdemeanor cases ○ Set bail in federal cases, even for cases they can’t take the trial ○ Have original jurisdiction in magistrate level cases ■ First court that has the authority to take the case all the way to verdict ● US District Court ○ Courts of general jurisdiction ○ Federal felonies and federal misdemeanors ○ Can try all federal crimes ● US Court of Appeals ○ Federal appellate court as opposed to trial court ○ Trial court: call witnesses; put up evidence ○ Appellate court: handles appeal ■ Don’t like sentence or verdict ■ They look at what happens at trial level and determines if there was any judicial error in the trial ■ You have to object at the time it is occurring in trial; judge gets to decide based on objection and they may make incorrect decision; this is what the appellate court looks at ○ Since the appellate court is looking for judicial error, you can’t appeal just on innocence ○ They just look for if you got a fair trial ○ If you got a fair trial with no judicial error, but you’re innocent, you can’t win the appeal ○ The appellate court can overturn conviction and end case ■ They can overturn conviction and grant a “trial de ovo” (new trial) ■ The appellate court can affirm what happened at trial level ■ They can remand with instructions to correct judicial error ● They send it back down and tell you what to fix ● Ex: go to trial on a case, facing up to 10 years. You got to trial and lose, the judge gives you 20 years. Gives client too much time, goes on appeal. The appellate court send it back down to trail court and tells them to fix sentence ● US Supreme Court ○ Appellate court with appellate jurisdiction ○ Court of last resort ○ Review cases, review what happened on lower levels ■ For judicial error and first appellate level error ○ In 2011 only 95 of Supreme Court cases were reversed ○ They don’t have to hear case if they don’t want to ■ How do they decide? ● If it’s a case with national importance they might hear the case ● They will issue a writ of certiorari if they decide to hear your case ● They will send writ to court below it, telling them to send everything about the case up to them ○ State Courts ■ Similar to federal ■ Lowest level courts are trial courts of limited jurisdiction ● Traffic court ● Magistrate court ● City court ■ Next level: ● Trial courts of general jurisdiction ○ Can try felonies and misdemeanors ○ In SC criminal court ○ Called General Sessions Court ○ In SC civil court ■ Called Common Pleas Court ■ Next: Appellate Court ● SC Court of Appeals ■ Next: highest level ● State Supreme Court ● Appellate jurisdiction ● Not original jurisdiction