Defendant must be given access to counsel upon his or her own request as part of due process.
Gideon v. Wainwright (1963)
State courts are required under the 14th amendment to the constitution to provide counsel in criminal cases to those unable to pay for their own attorneys.
Argersinger vs Hamlin (1972)
US Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel.
Key features of law
Created by legislature
Provided rules to guide conduct
A means of resolving disputes
A means of maintaining order through the court
What is the earliest written code of law?
Code of Hammurabi (1760 BC)
Basic arguement of the consensus perspective
Emphasizes on how society is structured to maintain its stability and social order.
Good, just, equal
Neutral frame work
Basic argument of the conflict perspective
Considers society to be composed of individuals and groups with sharply different interests and to be characterized by conflict and dissertation.
Unjust, unequal, discriminatory
Preserve the power and privilege
Crime Control vs Due Process
Efficiency, speed, finality
Informal screening by police and prosecutor
Protecting rights of defendants
Formal, adversarial procedures
What are the two primary roles of American courts?
Courts perform the vital function of determining who is guility and who is innocent
Most common court function
Both law enforcement and correction officials play supporting roles
Appellate courts oversee the lower courts to ensure the laws are applied correctly
Oversee the action of other criminal justice officials
How do judges make law and understand what is the precedent from previous cases?
Stare Decisis - let the decision stand (use previous cases as guidance)
Sources of law
Legislation - enacted by the legislature under the authority granted to it by the Constitution.
The Common Law (judge-made law)
Administrative regulations - the rules promulgated by government agencies that have been given their authority by the executive branch or legislative branch.
What are the constitutional rights acknowledged by the constitution?
Habeas Corpus - challenging the legality of a person's detention.
Bills of attainder - legislation imposing punishment without trial.
Ex post facto - legislation making prior conduct criminal
What rights are recognized in the 1st amendment of the Bill of Rights?
What rights are recognized in the 2nd amendment of the Bill of Rights?
Right to keep and bear arms
What rights are recognized in the 4th amendment of the Bill of Rights?
Forbids unreasonable search and seizures
What rights are recognized in the 5th amendment of the Bill of Rights?
Right to an indictment by a grand jury.
Prohibition of double jeopardy
The privilege against self-incrimination
What rights are recognized in the 6th amendment of the Bill of Rights?
Right to a speedy trial
Right to an impartial jury
Right to counsel
Right to confront the witness against oneself
What rights are recognized in the 8th amendment of the Bill of Rights?
Prohibition of cruel and unusual punishment
prohibition of excessive bail and excessive fine
What is the 9th amendment? Example?
Bill of Rights is not an exhaustive list of citizens' rights
Ex: the right to privacy
Purpose of the 14th amendment
Incorporate the Bill of Rights, make applicable to all states.
Prevents states fro making unequal, arbitrary distinctions between people.
(Total incorporation of Bill of Rights + unspecified rights)
Three meanings of incarcerations? How frequently is each used?
Three standards of review? How do they apply individually?
fundamental rights - the freedoms that are "essential to the concept of ordered liberty"
suspect classification - religion and race
Rational basis review
What are the differences between civil and criminal law?
Settling disputes between private citizens, such as property, contracts, and personal injuries.
Major categories - tort law, property law, contract law, family law
Criminal Law (substantive law)
prescribes what we should and should not do
violation of criminal law is enforced by the state
to protect the public and individuals from harm by forbidding conducts, punish harmful acts and deter similar acts
Meanings of mala in se and mala prohibita?
Mala in se
Crimes that are universally condemned and criminalized because they are inherently harmful
a society defined crime; may or may not be criminalized based on particular place and the particular crime.
Differences between mala in se and mala prohibita?
Universal crimes vs societal crimes
Meanings of limitations of criminal law?
Substantive due process - laws cannot infringe on the substantive rights of individuals
Overbreath doctrine - criminal laws cannot be too broad; requires the law to narrowly define the specific behavior to be restricted
Void for vagueness - if a statute fails to clearly define both the act prohibited and the appropriate punishment in advance
Proportionality - punishments must be proportionate to be the offense; ban cruel and unusual punishment
Ex post facto (laws past after the fact) - cannot criminalize events occurs prior to the law; cannot increase the penalties after a crime has already been committed; retroactively benefit the defendant
Bill of attainder - laws that impose punishment without a trial
The Elements of Criminal Liability
1. Criminal Act (actus reus)
2. Criminal intent (mens rea)
4. Attendant circumstances
5. Bad result (causing a criminal harm)
What are the 3 types of criminal acts? What kind of act/lack of action can lead to criminal action?
Four types of criminal intent?
Doctrine of transferred intent
Meanings of the 3 types of inchoate crimes?
Solicitation - trying to persuade another person to commit a crime.
Conspiracy - agreement between two or more people for the purpose of committing a crime
4 parties to a crime?
Principals in the first degree (those who commit the act)
Principals in the second degree (present when the crime occurred)
Accessories before the fact (facilitated the crime prior to the act)
Accessories after the face (aided the principals in some way after the crime)
Two types of affirmative defense?
What is considered justifications or excuses?
Execution of public duties
Four types of jurisdictions?
Personal - the authority of the court over the person
Geographic - court's authority within specified boundaries
Subject matter - general vs limited jurisdiction
Hierarchical - original jurisdiction and appellate jurisdiction
Jurisdiction for federal courts?
violation of federal criminal law
petitions for habeas corpus relief
94 federal district courts
En banc proceedings
A session where a case is heard before all the judges of a court (before the entire bench) rather than by a panel selected from them.
How does the US Supreme Court select their cases?
Court of last resort for cases arising in the federal system
Cases from state courts that involve a federal constitutional issue
What is the term for federal judges?
Life until death, retirement, or resignation.
What is the structure of state court systems and what is the primary functions for each layer?
From top to bottom
State Supreme Court
last resort for state cases
Intermediate Appellate Courts
review records from the trial court
Courts of General Jurisdiction
appeals from lower courts, original jurisdiction for felony cases
Courts of limited jurisdiction
minor criminal cases, informal proceedings
How do appellate courts address appeals?
Detects procedural errors and mistaken interpretation of law made by the lower court
Trial de novo
Appeal to the courts of general jurisdiction
An entirely new trial
Terms for US attorneys and their relationship to the US President?
Appointed by the President with confirmation by the Senate
Three types of prosecutors' offices?
Prosecutor's duty prior to arrest?
Assist law enforcement officers
Prosecutor's duty from arrest until trial?
Screening cases and making charging decisions
Attend grand jury and preliminary hearing
Plea bargaining and disclose of evidence
Prepare and respond to pretrial motions
Represent the government at trial
Factors impacting prosecutors charging decisions?
Seriousness and nature of the offense
Offender's culpability - mental stage, prior criminal record
Likelihood of obtaining a conviction
Specific charges against the defendant
What type of evidence must be disclosed from prosecutor to defendant?
Testimony and physical evidence the prosecutors intend to use at trial
Impeachment evidence - evidence that calls into question the credibility of a witness
Meaning of exculpatory evidence and materials?
Exculpatory evidence is material if there is a reasonable probability that the result of the proceeding would have been different had the evidence been disclosed
What do prosecutors have a responsibility to?
What are the roles of the defense attorney?
Zealously promote the interests and protect the rights of their clients.
Safeguard of the justice system
Historical development to the right to counsel?
Prior to 1933, the right to counsel was simply interpreted as permitting defendants to hire and to be represented by an attorney
In What cases do defendants have a right to counsel? When does that right attach?
Right to an attorney at all critical stages in the court process.
No right - noncustodial, preindicement interrogation, initial appearance, grand jury, probation and parole revocation if no incarceration, habeas corpus petitions (nondeath penalty)
Percentage of indigent (poor) defendants?
3 primary ways to provide attorneys to indigent (poor) defendants?
Contracted attorney program
Public Defender Program
Private Retained Counsel
What is the standard of an effective assistant of counsel?
Strickland vs Washington (1984) - whether counsel's performance so undermined that proper functioning of the adversarial process that the trial cannot be relied on having produced a just result.
What are the judges administrative duties?
Manage their courtroom and support staff
Maintain consistent and predictable courtroom schedule
How are the federal judges selected?
Nominated by the President, confirmed by the Senate with majority vote
Appointed for life
How can a federal judge be removed from the bench?
Impeachment - due to treason, bribery or other high crimes or misdemanors
How does the state select their judges?
What are the advantages and disadvantages of each way on how a state selects their judges?
Advantage - citizens have more information on candidates
Disadvantage - lack of independence (political parties)
Advantages - reduce political influence on election
Disadvantage - remove the party identification as a basis for voters, reduces participation rates. more likely to vote on gender, ethnicity, ballot position, or name recognition
Advantages - increase the likelihood that high-quality, nonpolitical people will be chosen.
Disadvantage - not immune from political influence
How do judges adapt to their jobs?
Judicial education programs
National Judicial College
Learn on the job
Quickly familiarize with all types of laws and proceedings
What is the purpose of having judicial performance evaluations?
Used to provide more information about judicial candidates to encourage more voter participation
What are the limitations on judicial decisions?
direct, personal, substantial pecuniary interesting a conclusion against the defendant
Decisions limited to actual controversies
the court can only hear disputes brought before the court; judges cannot initiate a case him or herself
In addition to law, what other factors can influence judicial decisions?
Personal ideology and attitudes
Common goals of court room players?
Courtroom Workgroup is an informal arrangement between a criminal prosecutor, criminal defense attorney, and the judicial officer. This foundational concept in the academic discipline of criminal justice recharacterizes the seemingly adversarial courtroom participants as collaborators in "doing justice.
What are the informal court room guidelines?
What are the possible court room relationships and the factors that can influence those relationships?
How would a court room with different relationships handle cases differently?
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