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Criminal Procedure

by: Aurelia Tromp

Criminal Procedure CJ 275

Aurelia Tromp
GPA 3.66

Christopher Smith

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Christopher Smith
Class Notes
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This 7 page Class Notes was uploaded by Aurelia Tromp on Saturday September 19, 2015. The Class Notes belongs to CJ 275 at Michigan State University taught by Christopher Smith in Fall. Since its upload, it has received 236 views. For similar materials see /class/207601/cj-275-michigan-state-university in Criminal Justice at Michigan State University.


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Date Created: 09/19/15
CJ 275 Study Guide Exam 1 Do You Know 0 Four key characteristics of the criminal justice process system 0 Discretion of cials freedom to act according to their own judgment 0 Resource dependence depend on other agencies for fundraising 0 Sequential tasks decisions in the C S are made in a speci c order system highly interdependent partially because it is sequential o Filtering at each stage some cases are sent on to the next stage while others while others processed or released under new conditions 0 Nature and comparative attributes of the Due Process Model and Crime Control Model 0 Due process model adversarial protection of rights court room setting 0 Crime control model quick r 39 of cases through discretionary decisions plea agreements dismissals diversion most cases t here 0 Goal I Due process Preserve liberty I Crime control Repress crime 0 Value I Due process Reliability I Crime control Ef ciency Decision Point I Due process Courttrial I Crime control Policeprosecutor 0 Process I Due process Adversarial I Crime control Administrative 0 Bel sis I Due process Laws I Crime control Discretion o Analogy I Due process Obstacle course I Crime control Assembly line 0 The Wedding Cake Model 0 Views different levels of cases I Celebrated Cases involving wealthy highpro le individuals top level lawyers and witnesses are involved I Serious Felonies homicide rape robbery require complete attention of courts I Lesser Felonies usually rstoffense cases sometimes involving acquaintances usually resolved through plea bargaining rather than trial I Misdemeanors handled by lowest criminal courts often involving alternative sentences such as community service 0 Existence of values and politics in the de nition of crimes 0 Criminal laws everchanging rules and policies based on public morality and political input 0 Concept of legitimacy of courts in general sense and attributessymbols in courts to enhance that legitimacy o Courts want to maintain an image that people buy into decisions 0 Concerns about implications of losing people s image of courts legitimacy mass disobedience 0 Ways to show legitimacy robes Latin verbiage formal proceedings 0 Courts have authority not power rely on compliance Why one might argue that law is a form of politics and examples to demonstrate the argument Dual court system concept 0 Gives states the power to be able to govern themselves to an extent while still abiding by most federal law Federal courts more directed towards disputes over federal law US Constitution if the US government is a party in a case or if there is a civil lawsuit between residents of different states with an amount in controversy of at least 75000c 0 State courts focused on civil and criminal cases disputes regarding state law Structure of systems including generic names for each level as well as specific names for each level of courts in federal and Michigan systems 0 Courts of last resort I Federal US Supreme Court I State MI Supreme Court 0 Intermediate appellate courts I Federal US Circuit Court of Appeals I State MI Court of Appeals 0 Trial court of general jurisdiction I Federal US District Courts I State MI Circuit Courts 0 Trial courts of limited jurisdiction I Federal None I State MI District Courts 0 The role of each level in the court system 0 Courts of last resort decides most important issues of US or state constitutional and statutory law 0 Intermediate appellate courts hears appeals of judging and rulings of trial courts or lower appellate courts 0 Trial court of general jurisdiction hears civil and criminal cases regarding federal or state law respectively 0 Trial courts of limited jurisdiction lowest court hears small cases 0 Model of courts as a part of the political system 0 Functions of courts 0 Dispute processing Allocate benefits or burdens Enforce society s norms of behavior Mediate between citizens and government Policy making 0 O O O O Factors that make American judges exceptionally powerful 0 Judicial review power to declare invalidunconstitutional acts of government 0 Power to interpret constitutions and statutes 0 Federal judges tenure in of ce 0 Common law system Bene ts of using case precedent common law process Stability 2 Protection of reliance interests 3 Ef ciency in administration of justice 4 Equality persons similarly situated treated the same 5 The image ofjustice How judicial review was introduced into the federal court system 0 The Judiciary Act of 1789 provided for the Supreme Court to hear appeals from state courts when the state court decided that a federal statute was invalid or when the state court upheld a state statute against a claim that the state statute was repugnant to the Constitution This provision gave the Supreme Court the power to review state court decisions involving the constitutionality of both federal statutes and state statutes The methods used to select judges in the states including the steps in the Missouri Plan 0 Partisan elections running based in political party party on ballot o Nonpartisan elections people to choose but not tangled by political parties no party on ballot o Merit selection committee recommends applicants to Governor to appoint I Missouri Plan can be in uenced by politics though 1 Governor forms committee 2 Committee evaluates applicants and submits 3 names to governor 3 Governor chooses judge 4 Retention election 0 Gubernational appointment 0 Legislative appointment very few The arguable pros and cons of these methods 0 Criticisms too much in uence of campaign money advertisement and political parties The steps in selecting federaljudges 0 Federal judges are appointed I Federal appointmenttenure emphasizes independence The predominant value Accountability Independence Quali cations that underlies each form of judicial selection 0 Partisan elections accountability o Nonpartisan elections accountability independence 0 Merit Selection quali cations 0 Legislative appointment quali cations For comparisonithe methods used to select US magistrate judges and to select ALJs Issues about the use of lay judges Study guide for Exam 2 CJ 275 Functions of appellate courts Maintain stability and legitimacv of courts dispute 39 functions giving people a chance to decide to appeal adds to the legitimacy in the eyes of the people 2 Supervise trial courts error correction Promote uniformity in judicial decisions higher jurisdiction makes lower courts comply with appellate precedent 4 Integrate diverse sections of countrvstate politically rather than demographically Policy making Appeal outcomes set precedent in sustaining or changing policy Difference between appellate process and trial process 0 Appellate process 0 The appellate process is focused ensuring consistent proper and just trials of the lower courts Not establishing guilt but speci cally ensuring correct outcomes yielded due to proper legal process without violation of rights 0 Small group process of judges all focusing on one issue brought to appeal 0 Trial process 0 The trial process revolves around con ict resolution and decides cases based on current law and case president 0 Jury deciding case 0 Single judge deciding appropriate resolution Differences between intermediate appellate courts and courts of last resort 0 Intermediate appellate courts 0 Typically 3 judges reviewing case 0 Mandatory jurisdiction requiring all filed appeals to be heard 0 Courts of last resort 0 9 judges on US Supreme Court 5 or 7 for most State Supreme Courts 0 Discretionary jurisdiction small group process allows judges to form consensus on what filed cases are of highest importance Processes for selecting and deciding cases in US Supreme Court including role of the chief justice 0 Selecting cases 0 Law clerks write cert memos recommending which cases to be accepted which are circulated in the cert p001 among the nine justices Chief justice comprises a discuss list of cases worthy of hearing and if four justices nominate to hear the case rule of four it is accepted 0 Deciding Cases 0 OctApril oral arguments are heard on cases and opinions are written and circulated through June The chief justice then leads discussion in conference followed by order of seniority The chief justice then tallies votes and assigns majority opinion If chief is in dissent the seniormost justice in majority will assign Appellate briefs 0 Both the appellant and appellee must submit briefs regarding specifically what processes or rights they believe to be violated in order to justify reversal LA VI 0 Amicus briefs 0 Third party providing written largely by interest groups commentary on controversial topics also usually explaining how large parties are my interested in the topic Petition for writ of certiorari o Technically not an appeal but a request for the supreme court to hear one s case 0 90 of cases will not be heard by the US Supreme Court En banc 0 Participation by all judges on an appellate court US Supreme Court always sits en banc In forma pauperispetitions o A request to waive court costs due to inability to pay Oral argument in Saiford Schools v Redding tone of argument role of Justice Ginsburg role of Justice Scalia 0 Justice Ruth Bader Ginsburg stood up for the girl 0 Justice Scalia stood up the most for the school 0 Great illustration of how the justices use oral arguments as an opportunity to ask questions and make comments that both help a particular side but also serve to try to highlight information that they think will persuade their undecided colleagues Interactions of justices and role of law clerks o Courts of last resort 0 Work for one justice 0 Draft briefs with opinions and summaries of cases big impact on direction of case 0 Intermediate appellate courts 0 Work for specific judge 0 Draft briefs with opinions and summaries of cases big impact on direction of case Three eras of US Supreme Court history 1 Nation s foundingCivil Wa emphasis on decisions defining the powers of the branches of government and state vs federal power 2 Civil Warl930 s emphasis on decisions effecting economic regulations and social welfare 3 l930 sToday still decisions on government power but much more focus on decisions focusing on individuals constitutional rights including those in criminal justice Examples of interactions and strategies in Supreme Court decisions Justice Stevens losing his majority in Houchins v KQED case role of Justice Stewart and Chief Justice Burger o Persuasion occurs in the writing process 0 Stevens lost his majority because Stewart decided he could not agree with the draft majority opinion 0 Burger then tried hard to get Stewart to join his opinion 0 Whole process of dynamic opinions and persuasion through circulation of draft opinions and memos Lawyers roles as gatekeepersand transformers l Gatekeepers makes decisions about whether to encourage litigants whether to accept cases whether to push for trials etc Effectively decide whether and how people can make use of the third branch of government judicial branch legal system 2 Transformers transforms people s problems into languageargumentsevidence that will fit legal categories that are presentable and receivable by the courts History lawyers use of entryintoprofession requirements e g education requirements to create exclusionary barriers 0 Elite WASP males sought to keep monopoly as lawyers traditionally these white males became lawyers by working in lawyers offices and gaining eventually supervisor s approval to join profession Role of bar exam in guiding law school curriculum questions about whether current system is best preparation for practice of law 0 Subjects often skewed toward business corporations tax property 0 Students will tend to change focus to these areas of study in preparation of the bar exams Meaning of pro bono work by lawyers 0 Pro bono cases are cases without compensation as a public service lawyers ethically and sometimes legally obligated to exercise cases for those who cannot afford counsel Three forms of representation for defendants o Paidhired attorneys 0 Appointed counselprivate attorneys appointed by the court who take cases for relatively small set fees 0 Public defenders salaried public employees Judicial activismithe six ways in which the term is used 1 Maj oritarianism argument that judges should defer decisions to elected officials that re ect preferences of maj ority of population 2 Inteppretive stability judges should respect precedent 3 Inteppretive fidelity judges should follow original meaning of the constitution 4 39 J process 139 quot quot judges should make democracy operating properly right to vote legislature follow rules 5 Speci city of policy judges can find violations of constitution but then leave it to elected officials to create solutions 6 Availabilitv of alternate p 1 Hal if 39 39 39 governors and presidents are available and making decisions on issues then judges should stay away if possible Issue of legitimacy affecting judicial policy making 0 Asks the question of whether it is the role of the courts to make policy regarding the environment health care samesex marriage abortion etc 0 Biggest concern towards federal judges o Unelected officials with life tenure 0 Power of judicial review cannot be removed by other branches unless commit misconduct Factors that limit the dictatorial potential of federal judges Hierarchy of courts decisions can be overturned on appeal 0 Small group process of appellate courts usually requiring compromiseaccommodation Judges drawn from 39 societv normally from a political background which keeps most extremists out Judicial role concept guides iudges behavior trying to do the right thing professional tradition of trying to be neutral and fair 0 Limited power to enforce iudges decisions need to be careful of large disobedience of public and other governmental agencies 0 Political reactions from other branches of government presidential reorientation of the court through appointment when vacancies arise legislative action or constitutional amendment Issue of capacity affecting judicial policy making 0 Asks the question of whether the judges themselves are good atmaking large decisions that change policy Questions whether the courts provide processes to provide information etc in order to enable good decisions to be made Their disaffiliation with political and interested organizations is viewed positively as a lack of pressure and in uence but viewed negatively as a removal from the consequences of their rulings outcomes Six dimensions of judicial activism 0 Judicial activism being accused of overstepping judicial decisionmaking power 1 Majoritarianism argument that judges should defer decisions of elected officials that re ect preferences of majority of population 2 Interpretive stability judges should respect precedent 3 Interpretive fidelity judges should follow original meaning of the constitution 4 Substancedemocracy process distinction judges should make democracy operating properly right to vote legislature follow rules 5 Specificity of policy judges can find violations of the constitution but then leave it to elected officials to create solutions 6 Availability of alternate policymakers if legislators governors and presidents are available and making decisions on issues then judges should stay away if possible Model of implementation of judicial decisions Decision makers Implementers Interpreters Consumers Secondary Groups 0 Decisionmakers o Interpreters 0 May misunderstandmisinterpret judicial decision 0 May intentionally misinterpret decisions according to their preferences 0 May fail to fully communicate interpretations to implementers 0 Act of interpretation by multiple interpreters means that multiple interpretations are inevitable o Implementers o Streetlevel bureaucrats police corrections officer social worker teachers not supervised in their daily interactions with public clients 0 May not hear or understand interpretation 0 May not agree with interpretation 0 Consumers 0 Public businesses etc Competing arguments on whether courts have capacity for effective policy making 0 Arguments in favor of the courts capacity to form public policy 0 Judges professional tradition of neutrality 0 Both sides given legal counsel presenting as much information as possible


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