The Courts American Court History Pretrial Activities
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- The Courts American Court History Pretrial Activities
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- Significant Quotes There is no such thing as justice in or out
of court. Clarence Darrow (1857 1938)
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- Significant Quotes No person shall be held to answer for a
capital or otherwise infamous crime, unless on a presentment or
indictment of a grand jury nor shall any person be subject for the
same offense to be twice put in jeopardy of life or limb; nor shall
be compelled in any criminal case to be a witness against himself,
nor deprived of life, liberty or property without due process of
law. THE FIFTH AMENDMENT
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- Significant Quotes After years of twisting the Constitution
into a pretzel, handcuffing cops and drooling over the rights of
killers and rapists, Americas judges have suddenly discovered
violent crime, and theyre fretting that it might come to their
neighborhood soon. Washington Times Editorial
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- Key Concepts Federal court system Appellate jurisdiction
Original jurisdiction Circuit courts Writ of Certiorari Bail bond
Release on recognizance
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- Key Concepts State court systems Judicial review Appeal
Impeachment Trial court Plea Property bond
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- Key Concepts Initial appearance Jurisdiction Trial de novo Nolo
contendere Pretrial release Plea bargaining
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- Key Cases US v. Montalvo- Murillo Herrera v. Collins Minnick v.
Mississippi County of Riverside (CA) v. McLaughlin Keeney v.
Tamayo- Reyes US v. Alvarez- Machain.
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- The Courts Between the police quest for suspects and potential
prison time THE COURTS
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- American Court History Two courts work and coexist State courts
Federal courts
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- American Court History Federal Court System: Federal Court
System: 3 tiered structure of courts involving US District Court,
US Courts of Appeal and US Supreme Court State Court Systems: State
Court Systems: States have three court levels, trial courts,
appellate courts, and state supreme court.
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- Colonial Courts 1629 Massachusetts Bay Colony created a General
Court. Made laws, held trials, and sentenced.
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- Colonial Court History Pennsylvania had the idea that every man
could serve as his own lawyer. Peace Keepers listened to arguments
and made binding decisions. Today the idea of Justices of the Peace
in some states.
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- Problems in Colonial Courts States lacked trained lawyers.
Virginia prohibited practicing law for a fee. Barriers to becoming
a lawyer. Govenor Cosby v. John Zenger in 1775.
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- AFTER the Revolution States were hardly uniform in their laws.
Often had no means for appeal from the ORIGINAL JURISDICTION to the
APPELLATE JURISDICTION.
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- VOCABULARY Jurisdiction: The territory, subject matter, or
persons over which lawful authority may be exercised by a court or
other justice agency as determined by statute or constitution.
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- American Court History The Civil War (1861 1865) was somewhat
fought to establish the right of the federal government to govern
state courts.
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- The Right of Federal Appeal Marbury v. Madison in 1804 The 14
th Amendment states cant pass laws that abridge the US Constitution
and the Bill of Rights.
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- State Courts Today Reform efforts to have more consistency
between states More appellate jurisdiction lawful authority of a
court to review a decision made by a lower court.
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- State Courts Today Decisional Model is informal, personal and
decisive. Quick resolution of uncomplicated issues of law and
fact.
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- State Courts Today Courts of General jurisdiction follow
procedural model with prosecutors, defense attorneys, juries, etc.
Trial de Novo Cases that get retried on appeal vs. those simply
reviewed by the record.
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- Appeals Generally the request that a court with appellate
jurisdiction review the judgment, decision or order of a lower
court and set it aside or modify it. Trial de Novo Cases that get
retried on appeal vs. those simply reviewed by the record.
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- SPECIAL NOTES Most convictions are affirmed upon review. You
can appeal from the state to the federal courts ONLY if your rights
guaranteed by the Constitution are violated.
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- Court Cases About Appeals Keeney v. Tamayo Reyes: If the state
court screwed up because of actual prejudice, then the federal
court can order fact-finding. Herrera v. Collins: New evidence of
innocence is no reason for a federal court to order a new state
trial IF Constitutional rights were NOT violated.
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- Dispute Resolution Centers Informal hearing infrastructure
designed to mediate without the need to go to criminal trial
court.
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- The Rise of Federal Courts Federal District Court: Judges
appointed by the president, confirmed by Senate and serve for life.
Trial courts for all cases of violations of federal laws. District
Court Judges Chief Judge Richard G. Kopf (Lincoln) Judge Thomas M.
Shanahan (Omaha) Judge Joseph F. Bataillon (Omaha) Senior Judge
Warren K. Urbom (Lincoln) Senior Judge Lyle E. Strom (Omaha)
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- Before you think it is a cushy job 650 District Court Judges in
the US. 45,473 criminal cases and 236,391 civil cases filed last
year in the country.
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- US Court of Appeals Intermediate appellate courts in the
federal system. Twelve of the courts have jurisdiction based on
geographic area. Often called circuit courts.
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- US Court of Appeals Has jurisdiction over US District Courts in
their circuits. Judicial Review: The power of a court to review
actions and decisions by other agencies of government.
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- Types of Appeals in US Circuit Court Frivolous appeals.
Ritualistic appeals primarily brought because the litigants
demanded it chances of reversal virtually nil. Nonconsensual
appeals entail questions of law and policy. Professional
disagreement.
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- The Supreme Court of the United States Has judicial review of
lower court decisions and state and federal statute. Make law
comply to the Constitution or reinterpret the Constitution.
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- The Supreme Court Does not conduct trials. ONLY when a lawyer
is being disbarred by a state. Trials like impeachment, one serves
as judge.
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- The Supreme Court Today Rather, the Court reviews the decisions
of lower courts and may accept cases from both the US courts of
appeals and state supreme courts. Four judges have to agree to a
hearing.
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- The Supreme Court Today If they want to review a case the
justices issue a writ of certiorari ordering it to send the record
of the case for review. Justices can then revoke the decision of
the lower courts.
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- The Supreme Court Today In reviews the full court selects cases
to hear where an attorney for each side speaks about the case and
answer judges questions. Judges then write opinions and majority
rules.
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- Pretrial Activities First Appearance: An appearance before a
magistrate which starts the trial process, where the defendants
arrest is assessed, and he or she is informed of the charges, and
bail set.
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- Bail An agreement guaranteeing the required appearance of a
defendant in court, which records a pledge of money or property to
be paid to the court if he or she does not appear.
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- Bail The Eighth Amendment to the US Constitution requires the
opportunity for bail. Excessive bail shall not be required
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- Statistics of Bail 16% of defendants released before trial are
rearrested. 30% were arrested more than once. 41% of those out on
bail are out after doing serious crimes like rape and robbery.
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- Bail 1990 US v. Montalvo- Murillo a defendant doesnt have a
right to freedom because of minor crimes.
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- The Preliminary Hearing Kind of a shortened trial. Judge
summarizes charges and reviews defendants rights. Prosecution
offers witnesses and proof.
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- The Preliminary Hearing Defendant has the opportunity to
challenge his/her detention. Establishes for the judge if there is
probable cause.
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- The Grand Jury 25 states use as part of pre-trial process. A
MUST in cases where judicial and prosecutor discretion might be
questioned.
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- Arraignment and Plea Charges are formally read to the defendant
and they enter a plea. In criminal proceedings, the defendants
formal answer in court to the charge contained in the indictment
that he/she is guilty or not guilty.
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- Third Option to Plead Nolo Contendere: plea of no contest. No
contest does not admit guilt, however it cannot provide the basis
for later civil suits.
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- Plea Bargaining The negotiated agreement between defendant,
prosecutor and the court as to what an appropriate plea and
associated sentence should be. Circumvents the trial process and
reduces time in court. After a plea has been entered, it can be
withdrawn as long as the defendant proves to the judge he/she had
been badly advised by their lawyer.
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- Conditions for Plea Bargaining Judge of their rights they are
surrendering by pleading guilty. Determine if the plea is
voluntary. Publicly declare what the agreement was. Make some
guarantees of punishment / safety of the community. Chemical
castration case.