US Constitution & Federalism

• Exam 1 covers an overview of coroners and medical examiners, the legal framework, the grand jury system, types of evidence, the evolution of criminal law, key legal principles and figures, law enforcement realities, the U.S. Constitution, sources of evidence law, the American criminal court system, courtroom actors, and the criminal justice process

Role and Responsibilities of Coroners

• Coroners are elected officials with minimal training, typically requiring only a high school diploma and being 18 years old.
• The primary function is to handle the manner of death, not the cause.
• Only coroners can initiate a coroner's inquest, which is a formal inquiry into the cause of death.
• Coroners do not perform autopsies.

Medical Examiners: Specialized Forensic Pathologists

• Medical examiners are trained forensic pathologists who determine both the manner and the cause of death.
• Forensic science merges legal and scientific principles.
• Autopsies are conducted to ascertain the cause of death, defined as the specific injury or disease leading to death.
• The manner of death includes classifications like homicide, suicide, accident, natural causes, or undetermined.

Legal Framework and Grand Jury System

• Federalism divides powers between the federal government and the states, emphasizing state authority.
• The 5th Amendment guarantees the right to a grand jury in federal cases, with state variations.
• Some states use both grand jury and preliminary hearing systems, while others use only one.

Grand Jury vs. Preliminary Hearing

• The grand jury serves as a probable cause hearing; jurors decide if there is enough evidence to indict.
• A true bill issues if probable cause is found, leading to an indictment and subsequent arrest.
• A preliminary hearing allows defendants to know the charges, present a defense, and ensures transparency.

Types of Evidence in Criminal Law

• Circumstantial evidence includes direct indicators, like the absence of blood or mud at a crime scene.
• Direct evidence consists of tangible proof like autopsy reports, crime scene photographs, and confessions.
• Eye witness testimony, while compelling, is often the least reliable form of evidence.

Legal Principles Governing Evidence

• The Bruton Rule restricts using a co-conspirator's confession against a non-declarant unless they can be cross-examined.
• Evidence must be relevant, competent, material, and probative to be admissible in court.

The Evolution of Criminal Law

• The Code of Hammurabi is recognized as the oldest known legal code.
• Common law, developed in England, emphasizes case law and precedents.
• The Napoleonic Code and Corpus Juris Civilis represent frameworks that shaped modern law.

Precedent and Stare Decisis

• Precedent refers to cases that guide future cases, ensuring legal consistency.
• Stare Decisis mandates that courts follow established precedents unless a compelling reason exists to deviate.
• Importance of precedent is underscored by cases like Dickerson v. United States.

Historical Context

• The Code of Hammurabi is one of the earliest known legal codes, establishing principles of justice and punishment.
• Common Law in England relied on case law, significantly influencing American law.
• Civil Law, established during the Roman Empire, emphasizes codified statutes, contrasting with common law.
• The Twelve Tables are ancient Roman laws that laid the foundation for future legal systems.
• The Napoleonic Code influenced many legal systems worldwide, including Louisiana's legal framework.
• Corpus Juris Civilis is a fundamental compilation of Roman law that shaped modern legal systems.

Legal Systems and Sources of Law

• Substantive law defines criminal behavior, while procedural law outlines the processes for adjudicating those behaviors.
• Mala in Se distinguishes inherently wrong acts from those deemed wrong due to legal prohibition.
• Precedent and Stare Decisis doctrines state that courts should follow previous rulings to ensure legal consistency.
• Sources of Law in the American System includes constitutions, statutes, and administrative regulations, focusing on state sovereignty.
• Most criminal offenses are defined by state law, with federal law applying only in specific areas, such as organized crime under RICO.
• Judicial Review is the power of courts to invalidate laws conflicting with the Constitution.

The Foundations of Criminal Law

• Bruton Rule: A co-conspirator's confession can only be used against a non-declarant if the co-conspirator testifies and it can be admissible if the references have been removed.
• Four Pleas in the Criminal Justice System: Includes guilty, not guilty, not guilty because of insanity, and not guilty by self-defense.

Key Legal Principles

• Mens Rea refers to the 'guilty mind', encompassing intentional, reckless, and negligent states of mind.
• Concurrence is the requirement that the actus reus (the act) and mens rea (the intent) occur simultaneously for a crime.
• Causation is the relationship between the act and the harm caused, which must be established in criminal cases.
• Legality and Punishment: Laws must be clearly defined, and punishments must be proportionate to the crime.

Types of Criminal Defenses

• Affirmative Defense acknowledges the act but denies the intent, such as in cases of self-defense or insanity.
• Insanity Defense is rarely successful due to vague definitions of insanity and requires proof that the defendant couldn't understand their actions.
• Duress and Coercion involve acting under extreme pressure, which can mitigate liability.
• Entrapment claims the defendant was induced by law enforcement to commit a crime.
• Intoxication can be used as a defense to mitigate responsibility, depending on the circumstances and jurisdiction.
• Mistake or Ignorance of Law argues the defendant was unaware of the law or misunderstood it.

Key Figures and Concepts in Evidence Law

• John Wigmore is known for his comprehensive treatise and influence on Supreme Court decisions pertaining to American evidence.

• Sixteen Systems of Law identified by Wigmore including Egyptian, Roman, and English.

• Evidence is anything that helps establish the truth requiring relevance, competence, and materiality.

• Evolution of Evidence Law traces evidence development from ancient codes to modern practices.

• Importance of Evidence: It establishes guilt or innocence in criminal trials, emphasizing the need for rigorous standards.

• Case Law and Evidence: It is the reliance on judicial decisions to shape the rules and standards of evidence.

Misconceptions and Realities of Law Enforcement

• Many believe the FBI functions as a national police force, however the Constitution does not grant such powers
• Each state has its own Constitution and criminal code, emphasizing the decentralized nature of law enforcement.
• Federal Criminal Code which is TITLE 18, outlines federal crimes, however most offenses are governed by state law.
• The U.S. lacks a national police force; federal agencies have specific jurisdictions and responsibilities.
• Local police are the primary enforcers of criminal law, with supporting federal agencies.
• Courts can nullify laws that violate constitutional principles, ensuring checks and balances.

Historical Foundations of U.S. Law

• The Magna Carta in 1215 established that everyone is subject to law.
• It introduced key legal concepts such as Habeas Corpus and the Confrontation Clause.
• Laid the groundwork for constitutional law, influencing both the Constitution and the Bill of Rights.
• The 5th and 14th Amendments of the U.S. Constitution guarantee due process.
• Its legacy is seen as a cornerstone of democracy, inspiring future legal frameworks.

The U.S. Constitution and the Bill of Rights

• The U.S. Constitution frames the federal government and its relationship with the states.
• The Bill of Rights addresses individual rights and criminal procedure, ensuring protections.
• The 1st Amendment protects free speech and religion and the 4th Amendment safeguards against unreasonable searches and seizures.
• The 5th Amendment is crucial for due process, while the 6th Amendment guarantees the right to a fair trial.
• The 8th Amendment prohibits excessive bail with landmark cases shaping its interpretation.

Key Amendments and Their Implications

• The 1st Amendment protects freedom of speech, religion, press, assembly, and petition.
• The 2nd Amendment affirms the right to bear arms, reflecting concerns about state militias and personal defense.
• The 4th Amendment requires probable cause for searches and seizures.
• The 6th Amendment ensures the accused have the right to a speedy trial, an impartial jury, and legal counsel.
• The 14th Amendment extends the Bill of Rights to the states, ensuring that all citizens receive equal protection.

Sources of Evidence Law

• Federal sources of evidence law include the Federal Rules of Evidence, governing admissibility of evidence in federal courts.
• State sources consist of state constitutions and rules of evidence, varying from state to state.
• The Uniform Rules of Evidence were an early attempt to standardize evidence law across states.
• Understanding the differences between federal and state evidence laws is crucial for legal practitioners.

Defining Evidence

• Evidence is any matter of fact that can persuade the mind regarding the existence of another fact.
• Evidence must be admissible, meaning it can be presented in court and is relevant to the case.
• All evidence must be introduced by a witness, emphasizing the importance of testimonial evidence.
• the role of evidence is to establish the truth or untruth of disputed facts.

The American Criminal Court System

• The U.S. Constitution established a federal system with state and federal sovereignty.
• Jurisdiction is the authority of a court to hear a case.
• Powers not granted to the federal government are reserved for the states.

Structure of the Federal Courts

• The Constitution vests judicial power in one Supreme Court and inferior courts established by Congress.
• The Judiciary Act of 1789 laid the foundation for the federal court system.
• The Supreme Court consists of nine justices, nominated by the President and confirmed by the Senate, serving life terms.
• Federal District Courts serve as trial courts, while Circuit Courts handle appeals, with 94 federal judicial districts across the U.S.

The Role of the Supreme Court

• The Supreme Court is the court of last resort, with original jurisdiction in specific cases.
• It has the discretion to hear cases through a writ of certiorari.
• Court decisions can have far-reaching implications, shaping constitutional law and civil rights.
• Landmark cases often set precedents that influence future rulings and interpretations.

Overview of the Judicial System

• The judicial system is divided into various types of courts, each serving specific functions and jurisdictions. Courts of Limited Jurisdiction handle minor cases such as traffic violations and small claims and typically do not include a jury.
• Courts of General Jurisdiction handle serious criminal cases and civil disputes, with a right to jury trials.
• Intermediate Appellate Courts review decisions from lower courts.
• Courts of Last Resort (such as state supreme courts) handle significant legal issues.

Key Legal Principles

• Rule of Four refers to the Supreme Court's practice of granting certiorari when at least four justices agree to hear a case.
• Rulings from the Supreme Court are binding on all federal courts and applicable to state courts through the 14th Amendment.
• Jurisdiction defines the authority of a court to hear a case based on the type of law and geographical area.

Courtroom Actors and Their Roles

• Prosecutors are expected to act as ministers, not merely as advocates for the government.
• Defense attorneys are expected to serve as advocates for the accused, ensuring their rights are protected.
• Judges act as referees in the courtroom, ensuring fair proceedings and adherence to legal standards.
• Judges can call and question witnesses under certain rules, adding to their role as impartial arbiters.

The Criminal Justice Process

• The process begins with a complaint, which initiates prosecution and must detail the alleged offense.

• Arraignment follows booking, the accused is formally charged and enters a plea.

• Plea bargaining allows defendants to plead guilty to lesser charges.

• The trial process includes opening statements, examination of witnesses, and statements.

• Jury Selection involves creating a master list and peremptory challenges.

• A unanimous verdict in felony cases is required.

Historical Context and Evolution of the Judicial System

• The jury system has roots in Statute of Westminster I (1275), which mandated testimony.
• Early trial methods included trial by battle and ordeal.
• The modern jury system typically includes 12 jurors, though smaller juries are permissible in some cases.

Significant Legal Cases and Principles

• The Batson Rule forbids excluding jurors based on race.
• The Dynamite Charge advises juries to reach a consensus in deadlocked cases.
• Reversible Error refers to a mistake in the trial process that may warrant a new trial or appeal.

Understanding Evidence

• Evidence is any means that seeks to establish or prove the veracity of a fact in question.
• It can be represented by material objects, scientific analysis, or eyewitness accounts
• Its admissibility in court can depend on law
• Real Evidence: It is perceived through the five senses and is the object itself.
• Direct Evidence: It proves a fact without inference or presumption, such as eyewitness testimony.
• Circumstantial Evidence: It Requires inference to prove a fact like fingerprints at a crime scene.

Relevance and Admissibility

• According to FRE 401, relevant evidence makes the existence of a consequential fact more or less probable.
• Relevance weighs the probity of evidence.
• Evidence may be excluded if it is prejudicial, illegally collected, cumulative, or time-consuming.
• The court must balance the probative value against the potential for unfair prejudice.

Circumstantial Evidence

• It can imply guilt or innocence through indirect means.

Inferences from Circumstantial Evidence

• Examples include concealment of evidence, sudden wealth, or flight to avoid prosecution.

Types of Circumstantial Evidence

• Actions or statements that imply guilt, such as adoptive admissions or failure to call witnesses.
• Patterns of behavior. such as modus operandi or prior bad acts, can suggest intent

Legal Principles and Case Law

• U.S. v. Hale addresses the defendant's refusal to testify and its impact on jury perception.
• Carter v. Kentucky (1981) established the judge's obligation to minimize jury bias, regarding a defendant's silence.

Substitutions for Evidence

• Stipulations: Agreements between counsel on specific facts which streamline the trial process.

• Presumptions: Legal conclusions affecting how evidence is interpreted.

• All presented evidence in court must be relevant, material, and competent.

• Some evidence is mandated by law, such as judicial notice.

Types of Judicial Notice

• Legislative notice protects statements made on the floor of Congress.

• Adjudicative Facts: Facts that would require proof if not judicially noted, such as the elements of a crime.

• Early legal systems relied on superstition to determine guilt.

• The Code of Hammurabi (1754 BCE) emphasized retribution which translated to "eye for an eye".

• Roman Law (Justinian Code, 529 CE), introduced legal procedures and judicial decision-making.

• English Common Law created precedents.

• Common law originated in England & built on stare decisis.

The Development of Evidence Rules

• Advanced legal systems created rules of evidence.
• Evidence must directly relate to the case.

Key Legal Principles

• Evidence must be significant in proving or disproving a fact, as well as obtained legally & must meet reliability standards

The Role of the U.S. Constitution

• The Fourth Amendment protects against illegal searches and seizures.
• The Fifth Amendment protects against self-incrimination.
• The Sixth Amendment Guarantees the right to confront witnesses and have a fair trial.
• States are structured under a federalist system, meaning power is divided between federal and state governments.

Jurisdiction

• Federal courts handle cases involving federal law, which can include federal courts handling cases, constitutional issues, and interstate crimes.

Dual Sovereignty Doctrine

• Federal and state governments can prosecute the same crime, like drug trafficking, if it violates both laws.

Appeals

• If challenged an appellate court will review legal errors that may have occurred.

Types of Evidence

• Testimonial Evidence: Statements made by witnesses under oath.
• Lay Witness: Provides firsthand accounts.
• Expert Witness: Offers professional opinions. Physical Evidence is tangible such as weapons or fingerprints Written or recorded materials like contracts or e-mails are considered documentary evidence.
• Demonstrative Evidence: Visual aids such as crime scene reconstructions.

Admissibility of Evidence

• Evidence must be directly related to proving a fact, be significant enough to influence the case outcome, and obtained from a reliable source.
• Hearsay is an out-of-court statement.

Notable Cases

• Dickerson v. United States (2000) reaffirmed Miranda warnings to criminal suspects
• Mapp v. Ohio (1961): Extended the exclusionary rule to state courts.
• United States v. Leon (1984) created the good faith exception, allowing evidence from a warrant if police acted in good faith.
• Miranda v. Arizona (1966): Required law enforcement to inform suspects of their right to remain silent and right to an attorney.
• Gideon v. Wainwright (1963): Guaranteed the right to an attorney for defendants in state criminal cases.
• Duncan v. Louisiana (1968): Guaranteed the right to a jury trial in state courts for serious offenses.
• Crawford v. Washington (2004): Strengthened the Confrontation Clause, ensuring a defendant's right to cross-examine witnesses.
• Terry v. Ohio (1968): Established the legality of stop and frisk if police have reasonable suspicion of criminal activity.
• Atkins v. Virginia (2002): The Supreme Court ruled executing individuals with intellectual disabilities violates the Eighth Amendment's ban on cruel punishment.
• Rochin v. California (1952): The Supreme Court ruled forcibly pumping a suspect's stomach to obtain evidence violated the Fourteenth Amendment.
• Furman v. Georgia (1972): The Supreme Court death penalty was unconstitutional because arbitrary manner.
• Gregg v. Georgia (1976): The Supreme Court ruled that death penalty is constitutional with sentencing guidelines.
• United States v. Hale (1975): The Supreme Court ruled that prosecution cannot use a defendant's post-arrest silence.
• Carter v. Kentucky (1981): The Supreme Court ruled that a trial judge must not draw negative inferences from a defendant's silence.
• Brady v. Maryland (1963): Required prosecutors to disclose exculpatory evidence.

Explore the division of powers between state and federal entities in the U.S. Understand the Judiciary Act of 1789 and the Supreme Court's discretionary power in choosing cases. Learn about the initial trial venue for disputes between states.