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69 Cards in this Set
- Front
- Back
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The 3 components of the criminal justice system
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courts, law enforcement, corrections
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how scholars have described the criminal justice system
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interdependent, fragmented, full of tensions and conflicts
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interdependent
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system, related components
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fragmented
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non-system, uncoordinated activities
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Full of tensions and conflicts
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both a system and non-system, each component affects each other component
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how scholars have classified courts in the US
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Dual court system ( federal and state courts), function (trial and appellate courts), jurisdiction
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Actors in the courthouse
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Most important: Prosecutors (most influential), defense attorneys, judges.
Other: defendants, victims |
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Steps in the Criminal justice process
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Crime, arrest, initial appearance, bail, preliminary hearing, charging decision, grand jury, arraignment, evidence, plea negotiations, trial, sentencing, appeal
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Crime
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majority of crime involve burglary and theft
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felony
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punishable by over 1 year in prison
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misdemeanor
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punishable by up to 1 year in prison
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ordinance violations
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punishable by fine or short jail term
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arrest
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more than 10 million arrests a year, most are minor crimes, police make arrests in only 1 out of every 5 crimes the police know about.
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initial appearance
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defendants are told what the crime they have committed, and are advised of their rights
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bail
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normally set at initial appearance, usually set high only for serious felonies
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preliminary hearing
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prosecutor must prove probable cause that defendant is guilty, this includes proof the crime was committed and that there is a link between the defendant and the crime.
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charging decision
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prosecutor reviews case to determine whether to charge defendant. about 1/2 of the cases are dismissed at this point.
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grand jury
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used in all federal felony prosecutions, only 1/2 the states use them. are dominated by the prosecutor.
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arraignment
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defendants are given a copy of their charges, advised of their rights, asked to enter a plea
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evidence
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discovery allows one to obtain information about the case before trial. motions are used to request the court to suppress evidence
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plea negotiations
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over 90% of all defendants that reach this point enter a voluntary plea
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trial
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bench trial- tried only by the judge
jury trial- tried by the jury |
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sentencing
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to impose a prison sentence, probation or a fine
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appeal
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almost all defendants found guilty at trial file an appeal. very few who plead guilty file an appeal
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law on the books
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constitutions, legislation, regulations, court cases
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law in action
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law as it is actually carried out, discretion plays a major role
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crime control model (Herbert Packer)
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most important aspect is to repress crime and protect the public.
conservative |
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due process model (Herbert Packer)
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most important aspect is protecting the rights of citizens
liberal |
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How is American Law defined
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Law is a body of rules
law is enacted by public officials law is enacted in a legitimate manner law is backed by the force of the state |
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where did american law come from
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Anglo-saxon or anglo-american law
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three characteristics of common law
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judge-made law
based on precedent found in multiple sources |
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judge-made law
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common law was predominately judge-made rather than created by legislatures
modern criminal law is now defined by legislative bodies through enactment of codes. |
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based on precedent
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stare decisis "let the decision stand"
by following previos court decisions the system promotes fairness and consistency in judicial decision making |
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found in multiple sources
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Constitutions, codes or statutes, administrative rules and regulations, court opinions or cases.
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substantive law
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rules that create legal obligations
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procedural law
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established the methods of enforcing these obligations
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adversarial system
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Judge serves as a neutral arbitrator with each side having their right to oppose the other side’s arguments
Two opposing parties will uncover more of the truth than would a single official Safeguards |
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presumption
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conclusion that law requires to be made absence evidence to the contrary
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inference
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conclusions that can be made on the facts
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burden of proof
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Burden of Persuasion – Obligation of a party to prove a fact
Burden of Production – Obligation of party to produce evidence |
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levels of proof
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no proof, mere suspicion (hunch), articulable reasonable suspicion (stop and frisk), probable cause (necessary to arrest a person), preponderance of the evidence (burden for establishing knowing intelligent and voluntary waivers), clear and convincing evidence (burden for proving insanity), beyond a reasonable doubt (prove each element of a criminal offense, beyond all doubt (absolute certainty)
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rights and safeguards of the accused
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right to remain silent, to have a trial by jury, ounsel in criminal proceedings
cross-examination, diffusion of power, presumptions and inferences, burdens of proof |
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type of civil suit remedies
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monetary judgements (compensatory)
declaratory judgements injunctions (preliminary) |
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5 elements of a crime
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actus reus- a guilty act is committed with a attempt
mens rea- guilty intent and specific intent the guilty act and the guilty intent are related "attendant circumstances" specific result |
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legal defenses in american law
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justifications (self defense/ police officer
excuse (duress) forced to do it insanity or mental illness |
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basic principles of court organization
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dual court system
jurisdiction differentiating trial and appellate courts |
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four types of jurisdiction
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"where"
subject matter "what" personal "who" hierarchical "type" |
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history of the american federal court system
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The Constitutional Convention – Established Federal Judiciary
The Judiciary Act of 1789 – Laid the framework of the judiciary Court Appeals Act of 1891- Established Federal Courts of Appeal |
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magistrate courts
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trial court of limited jurisdiction
-preliminary proceedings -setting bail -issuing search warrants selected by district court judges 950,000 matters per year |
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district courts
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94 district courts
678 district judges nominated by president and confirmed by senate. life terms 352 bankruptcy judges. appoited by us courts of appeal. 14 year terms 335,000 cases per year |
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federal question jurisdiction
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Suits between states
Ambassadors and other high-ranking public figures Federal crimes Bankruptcy Patent, copyright, and trademark cases Admiralty Antitrust Securities and banking regulation |
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diversity jurisdiction
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Involve lawsuits between citizens of different states or between U.S. Citizens and foreign countries.
In these cases where state law would usually apply, the federal courts continue to apply state law. $75,000 minimum threshold |
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prisoner petitions
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Motion to vacate sentence
Habeas corpus Section 1983 Bivens action Mandamus |
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courts of appeal
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1891 Intermediate appellate courts. 14 circuits. 179 judges nominated by the president confirmed by senate serve for life. 3 judge panels. 58,000 cases per year
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supreme court
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Court of last resort (very limited original jurisdiction. 9 justices appointed by president confirmed by senate serve for life
writ of certiorari ( four of four) 80 cases per year |
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article III courts
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constitutional courts
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article I courts
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legislative courts
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how the federal judicial system is administered
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Various agencies and their responsibilities
Chief Justice Judicial Conference of the United States Administrative Office of the U.S. Courts Federal Judicial Center Judicial Councils U.S. Sentencing Commission |
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major problem facing the federal courts
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caseloads
-increase in the # of federal judges - reduce federal jurisdiction |
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history of the american state court
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colonial courts
early american courts courts in a modemizing society |
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structure of state courts
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trial courts of limited jurisdiction
trial courts of general jurisdiction intermediate appellate courts courts of last resort |
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trial courts of limited jurisdiction (state)
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first level-lower level offenses
13,500 lower courts (85% of all courts in the US) 61 million matters a year |
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trial courts of general jurisdiction (state)
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second level- major courts
geographical jurisdiction defined on existing political boundaries 2,000 major courts in the US 31 million cases each year |
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criminal cases in trial courts of general jurisdiction
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typically street crimes cases, most do not go to trial. decision is not "guilty" or "not guilty" but what penalty should be applied
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civil cases in trial courts of general jurisdiction
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dominate the dockets of most trial cases
most common include- domestic relations, estate, personal injury |
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intermediate courts of appeals (state)
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before there was only one court of appeals (court of last resort) now most states have a series of intermediate appellate courts. some have statewide ICA's others are regional. some states have separate ICA's for criminal and civil matters
must hear properly filed appeals usually the final stage for most cases |
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supreme court (state)
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texas and Oklahoma have two courts of last resort- one for civil cases and one for criminal
most states utilize a purely discretionary docket they don't employ panels as do the ICA's impact on death penalty |
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court unification
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unified court system, simplified court structure, centralized (administration, rule making, judicial budgeting), statewide financing
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problem solving courts (states)
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Therapeutic Jurisprudence
-Immediate Intervention -Non-adversarial adjudication -Hands-on judicial involvement -Treatment programs w/clear & structured goals -Team approach |
