Criminal Law: Court Systems and Legal Processes

• These flashcards cover key aspects of criminal law, including court systems, legal processes, roles of legal professionals, and constitutional considerations.

Three General Features of Court

• Courts are agencies or units with legal authority granted by the constitution to make decisions within the judicial branch.
• The court's authority must be proper.

Appellate v. Trial Court

• Trial courts are fact-finding courts.
• Appellate courts function as review courts.

Process For USSC Hearing

• A writ of certiorari must be filed to the Supreme Court.
• Four justices must agree to hear the case.

Two Characteristics Of The Court System

• The court system is adversarial, featuring two opposing parties.
• It operates as a dual court system, with state and federal courts having distinct jurisdictions.

New Jersey V. Virginia Plan

• NJ Plan: Weak executive, two-tier judiciary (Supreme + Federal), and a two-chamber legislature (House + Senate).
• VA Plan: Strong executive, one-tier judiciary (Supreme), and one chamber (House).

Origin Of State Court System

• Colonial Era: Britain appointed a governor who appointed justices of the peace for minor disputes and crimes.
• Post-Revolution: Legislative branch was pitted against the judiciary, leading to a push for elected judges.
• Post-Civil War: A fragmented and divided court system emerged, which serves as the foundation for the modern system.

Two Problems Associated With Colonial Era Courts

• Judges often lacked qualifications, making them political figures rather than impartial arbiters of the law.
• High judicial discretion led to biased decision-making.

Specialized Court Example

• Drug court is an example of a specialized court.
• Specialized courts are non-adversarial and utilize therapeutic jurisprudence, where court workers act as helpers.
• They involve judicial monitoring, with judges closely following defendants' progress.

Three Threats To Specialized Court

• Resource constraints, especially concerning the number of workers available for each individual.
• Lack of effectiveness for certain individuals.
• Lack of legal legitimacy within the broader criminal justice system.

Roles Of Judges

• Judges act as moderators, maintaining order in the court.
• They hear cases from both parties, considering the evidence presented.
• Judges sentence criminals and assist in negotiations during plea bargains.

Process To Becoming A Federal Judge

• The Department of Justice screens candidates.
• Lobbyists recommend individuals.
• The American Bar Association (ABA) conducts an accreditation check.
• Nomination by the President and approval by the Senate are required.
• Formal qualifications include a law degree and membership in the bar.
• Informal qualifications include experience and political connections.

Process to Becoming State Court Judge

• Typically, candidates must be lawyers.
• Judges are either elected (partisan or non-partisan) or appointed by the governor.

One Advantage And One Disadvantage Of Appointing Judges

• Advantage: Merit-based selection.
• Disadvantage: Potential for favoritism.

Missouri Plan (Merit Selection)

• A non-partisan election committee reviews candidates.
• The governor appoints one from the pool of candidates.
• A retention election allows voters to remove the judge if they are dissatisfied.

Prosecutor's Roles

• Trial counsel for the police, assisting in cases involving police officers.
• House counsel for the police, advising on legal enforcement methods.
• Elected official, prosecuting crimes based on public desire.
• Representative of the court, adhering to due process and legality.
• Conflicts can arise between acting as a trial counsel, which can inadvertently lead to defending police misconduct, and elected officials may be more politically motivated.

Three Roles For Defenders

• Advocates: Argue on behalf of their clients.
• Protectors: Safeguard their clients' constitutional rights.
• Counselors: Provide emotional support.

Pre-Trial Process

• Arrest: Suspect is taken into custody with probable cause.
• Booking: Information is recorded.
• Initial Court Appearance: Bail is decided, and warrants are obtained if necessary.
• Charging: A decision is made on the sufficiency of evidence.
• Preliminary Hearing/Grand Jury: Charges are assessed.
• Arraignment: The defendant pleads guilty, not guilty, or no contest.
• Discovery: Evidence is exchanged.
• Plea Bargaining and Motions are optional steps.
• Jury Selection: Voir dire is conducted (only in jury trials).

Advantages To Pleading Non Contest

• It cannot be used against the defendant in a civil suit.
• It helps protects reputation.

Arguments For and Against Plea Bargaining

• Advantages: Quick, efficient, and promotes individualistic justice.
• Disadvantages: Undermines sentencing policies; forces innocent defendants to possibly plead guilty.

Sources of Criminal Law

• English common law.
• Statutes.
• State and federal constitutions.
• Administrative regulations.
• Treaties.
• Case law.

Common Law V. Modern Law

• Common Law: Men could not rape their wives; murder did not have degrees.

Principals Underlying Substantive Law

• Legality requires laws to be enforced only after their enactment.
• Actus Reus requires laws to be based on actions.
• Harm: One's act has produced harm.
• Causation: The state must demonstrate a link between action and harm.
• Men Rea: Requires intent to do an act.
• Concurrence: A connection between intent and act.
• Punishment: There must be a prescribed punishment.

Substantive V. Procedural Law

• Substantive Law defines laws and punishments.
• Procedural Law governs the procedures and mechanisms for enforcing laws.

Justification for stare decisis

• Creates certainty and predictability in the law.
• Allows for the growth of laws over time.
• Ensures equal application of the law.
• Shows respect for past precedents.

Why is retribution not utilitarian

• It has no reform benefits.

The Defense and Judges interpretation of Bergman case in relation to correctional philosophies

• The Defense questioned the correctional system's ability to reform the defendant
• The Judge emphasized general deterrence for the public.

General + Specific Deterrence, elements needed

• General Deterrence targets the public.
• Specific Deterrence targets the individual.
• Elements include certainty, celerity (quick punishment), and severity.

Two incapacitation strategies

• Collective incapacitation targets all offenders.
• Selective incapacitation targets career criminals.

8th amendment determination rules

• Is the punishment unusually severe?
• Does the punishment achieve its intended goal?
• Is there public support for the punishment?
• Is the punishment administered arbitrarily?

8th amendment rationale

• Based on retribution.
• Aims to prevent reoffending.

Chicago v. Morales

• Issue: The constitutionality of Chicago's anti-loitering ordinance targeting gang members.
• Ruling: The Supreme Court struck down the ordinance.
• Reason: The law was too vague, granting excessive discretion to police and failing to provide clear notice, violating the Fourteenth Amendment's Due Process Clause.
• Dissent: The law was a reasonable measure against gang violence, and vagueness concerns were overstated

Lambert V. California

• Issue: Criminal punishment for failing to register as a convicted felon without knowledge of the requirement.
• Ruling: The Supreme Court found the law unconstitutional.
• Reason: The law violated due process by punishing passive conduct without requiring knowledge of the duty.
• Dissent: Ignorance of the law is not a defense, and the law was necessary for public safety.

Trop V. Dulles

• Issue: Whether stripping a person of their U.S. citizenship as punishment for desertion violated the Eighth Amendment.
• Ruling: The Supreme Court ruled that denationalization was unconstitutional.
• Reason: The punishment was considered "cruel and unusual," and the Eighth Amendment evolves over time.
• Dissent: Congress had the authority to set citizenship rules, and loss of citizenship was not cruel and unusual.

North Carolina V. Pearce

• Issue: Whether increasing a defendant's sentence after a successful appeal violates Due Process.
• Ruling: A harsher sentence after a retrial is not automatically unconstitutional but must not be vindictive.
• Reason: Any increased sentence must be justified by objective reasons in the record.
• Dissent: Trial judges should have discretion in sentencing.

Patterson V. NYC

• Issue: Whether requiring a defendant to prove the affirmative defense of extreme emotional disturbance violates Due Process.
• Ruling: The Supreme Court upheld the law.
• Reason: The burden of proof for affirmative defenses can be placed on the defendant without violating Due Process.
• Dissent: Requiring a defendant to disprove an element related to intent undermined the presumption of innocence.

Rummel V. Estella

• Issue: Whether a life sentence under a Texas "three strikes" law for nonviolent theft crimes violated the Eighth Amendment.
• Ruling: The Supreme Court upheld the life sentence.
• Reason: States have broad discretion in setting sentences, and life imprisonment for repeat offenders was not "grossly disproportionate."
• Dissent: The punishment was excessively harsh for minor offenses.

Harmelin V. Michigan

• Issue: Whether a mandatory life sentence without parole for drug possession violated the Eighth Amendment.
• Ruling: The Court upheld the sentence.
• Reasoning: The Court found no proportionality requirement in the Eighth Amendment for noncapital cases.
• Dissent: Extreme sentences for nonviolent offenses should be subject to proportionality review.

Lockyer V. Andrade

• Issue: Whether a sentence of 50 years to life under California's three-strikes law for stealing videotapes violated the Eighth Amendment.
• Ruling: The Court upheld the sentence.
• Reasoning: Federal courts could not overturn state sentencing laws unless they were clearly unconstitutional.
• Dissent: The sentence was grossly disproportionate.

McMillan V. Penn

• Issue: Whether a law allowing judges to impose higher sentences based on "visible possession of a firearm" violated due process.
• Ruling: The Court upheld the law.
• Reasoning: Sentencing factors that increase punishment within statutory limits do not require jury findings beyond a reasonable doubt.
• Dissent: Increasing sentences based on judicial fact-finding violated the Sixth Amendment's jury trial guarantee.

Apprendi V. New Jersey

• Issue: Whether increasing a sentence based on judicial fact-finding violated the Sixth Amendment.
• Ruling: The Court struck down the sentence enhancement.
• Reasoning: Any fact that increases a sentence beyond the statutory maximum must be proven beyond a reasonable doubt to a jury.
• Dissent: Judges have traditionally had discretion in sentencing.

Coker V. Georgia

• Issue: Whether the death penalty for rape of an adult woman violated the Eighth Amendment.
• Ruling: The Court ruled that executing a rapist was unconstitutional if the victim was not killed.
• Reasoning: The punishment was grossly disproportionate, as rape is a serious crime but does not involve the taking of a life.
• Dissent: States should be able to impose the death penalty for particularly heinous non-homicidal crimes.

Roper V. Simmons

• Issue: Whether executing individuals for crimes committed as juveniles violated the Eighth Amendment.
• Ruling: The Court ruled that juvenile executions were unconstitutional.
• Reasoning: The ruling was based on "evolving standards of decency," noting that juveniles lack full culpability due to immaturity.
• Dissent: States should be allowed to set their own policies on juvenile capital punishment.

Kennedy V. Louisiana

• Issue: Whether the death penalty for child rape violated the Eighth Amendment.
• Ruling: The Court ruled that executing a person for raping a child was unconstitutional.
• Reasoning: The Court held that the death penalty should be reserved for crimes that involve taking a life and that a national consensus opposed capital punishment for non-homicidal crimes.
• Dissent: Child rape is a sufficiently heinous crime to justify the death penalty.

Explore criminal law with flashcards covering court systems, legal processes, and constitutional considerations. Understand the roles within the judicial branch and the differences between trial and appellate courts. Review the process for USSC hearings and the characteristics of the dual court system.