Chapter 2 The Role of the Courts Flashcards
How are judges selected in federal system & in your state?
Federal judges are nominated by the president and confirmed by the Senate. A simple majority vote is required. Federal judges hold office “during good behavior” in which most cases means until retirement. Only 8 federal judges have been removed from office by impeachment.
State judges do not serve for life. In some states the initial appointment is by the governor or Judicial Council.
Explain how the separation of power established the US Constitution applies to the federal courts
There are systems of checks & balances that require interaction between three branches of government. For example federal judges (judicial branch) are nominated by the president (executive branch) but must be confirmed by the Senate (legislative branch)
The judicial systems budget is established in a bill that must be passed in both houses of Congress & be signed by the president
New federal laws must be approved by Congress and be signed by the president but the judicial branch can rule that they are unconstitutional.
Describe the hierarchal organization of the courts in your state.
US Supreme Court US District Court of Appeals CA Supreme Court CA District Court of Appeals Superior Court Eleminated-Justice & Municipal Courts
How does geographical jurisdiction?
A case must be filed in a court with jurisdiction over the location where the crime occurred; this is referred to as the court’s geographic jurisdiction. If the case is filed in the wrong court the defense has the right to have the case dismissed. Many states trail courts are organized by counties. (if large population there may be more than 1 courthouse)
How does the statue of limitations restrict the authority of the courts?
Statue of limitations is the concept that it is unfair to leave criminal charges hanging over someones head indefinitely. If the charges are filed after the statue has run out the defense has the right to have the charges dismissed.
Murder usually has not statue
Misdemeanors-1 year from date crime was committed
Felonies-3 years from date crime was committed
Many States suspend the statue of the suspect flees the jurisdiction to avoid prosecution. This is called “statue of limitations is tolled”
How do federal court ruling affect state courts?
Decisions by appellate courts are considered binding on subsequent cases. This is called STARE DECISIS. Theses earlier decisions are what we refer to when we say “case law” A decision becomes precedent for later cases involving the same issue.
Where in the court systems do the following levels of proof apply:
Prima facie case: To get the case to go to trail. A party must produce enough evidence to allow the judge to infer the fact at issue and rule in the party’s favor. (prima facie and probable case are the same)
Preponderance of the evidence: The weight of the evidence, not established by greater number of witnesses but by evidence that has the most convincing force. Once made the attorneys engage in plea bargaining and dispose of a vast majority of cases. In some states only 3% of felonies go to trail.
Proof beyond a reasonable doubt: Constitutional standard for a conviction is proof beyond a reasonable doubt. While absolute certainty is not required all reasonable doubts must be eliminated.
How many appeals is a criminal defendant entitled to? How can the defendant obtain additional reviews of the case?
Basic rule is a person who has been convicted is entitled to ONE post-conviction appeal, referred to as a direct appeal-the court is mandated to hear the case and if a person cant afford a lawyer, the government must provide one.
Defendant does have the right to 2nd appeal but they can take their case to a higher court. It will be heard if it is important to the legal system and society rather than focus on the person who was convicted.
US Supreme Court will only hear cases involving constitutional issues that have already gone through all normal channels first. This request is call Petition for Writ of Certiorari. Cases the receive 4 votes will be scheduled for oral arguments.
Give 3 examples of situations where it would be appropriate to file a habeas corpus petition. What type of relief can a judge grant in each of these examples?
Habeas corpus-is a civil lawsuit filed on the trail court to challenge illegal confinement. Being in jail, prison, or probation/parole do to improper conviction. Also failure to release an inmate after sentence is completed and involuntary confinement of a mentally competent person in a mental health facility.
Example
1: Person was illegally arrested & is being held in county jail.
2. Person was placed in a mental hospital against his/her will and claims to be legally sane.
3. Person has served his/her entire sentence but has not be release.
4. Defendants 6th Amendment right to an attorney at trail was violated because the attorney was incompetent.
Judge can order that the person be released from custody or that the conditions of confinement should be changed.
A conviction can not be reversed nor monetary damages can be awarded.
What must be proven to win a case under Section 1983? When can the defense have it dismissed due to immunity?
Civil rights act to file civil suits in federal court based on the violation of constitutional rights. section 1983 applies to people acting under the color of the state law. 1985 applies to anyone involved in a conspiracy to deprive someone of constitutional rights. Prosecutors, judges when acting in their official capacities, have absolute immunity form these suits. Police when acting in “good faith” have qualified immunity.
