Exam 2 Flashcards
What are the events leading up to a criminal trial?
Criminal act
Steps of a criminal procedure
Crime
Arrest/ Booking
Initial appearance
Bail
Preliminary hearing
Charging
Grand jury
Arraignment
Crime
any violation of the criminal law. Article 1
Arrest:
The physical taking into custody of a suspected law violator. Police take a person into custody after probable cause and take someone in for a crime. When a reasonable person does not feel they can freely leave
To make an arrest police officers HAVE to have probable cause.
Booking - administrative record portion
Low rates of crime 20% arrested by police, majority never make it to courts.
4th and 5th amendment
Initial appearance:
The accused is told of the charges, bail is set, and a date for the preliminary hearing is set. Accused is informed of charges brought against them and their constitutional rights (attorney, silent, repeat of miranda). Attorneys will waive reading of rights to speed things up. Determines bail and the only guideline is bail cannot be excessive (up for appellate court judges to decide) or waive bail or release them if the defendant promises to appear again.
Initial appearances typically last only a minute or two. Judges handle them in rapid-fire order, making little effort to determine whether the defendant understands what is being explained.
6th amendment
Bail
a guarantee that, in return for being released from jail, the accused will return to court as needed. That promise is guaranteed by posting money or property with the court. If the defendant appears in court as required, the security is returned. If he or she fails to appear, however, the security can be forfeited. It is a way to ensure the defendant appears again otherwise bail if forfeited, way to make sure they come back. Bail is a privilege not a right it can be denied if someone may flee or a capital offense. Defendants can appeal, bail reform is big right now.
8th amendment
Preliminary hearing:
Pretrial hearing to determine if probable cause exists to hold the accused. PH are hearings that are designed to have a judge look at the evidence and make a probable cause determination that the arrest was probable. They make a simple probable cause determination: is there enough evidence for this case to advance? They do this before a case gets too far in a system. This is important because it can protect against abuses of power and make sure a prosecutor cannot destroy anyone without reason. This is where prosecution is checked. Typically quick and involved submitting affidavits, burden is only probable cause so very low.
Charging:
Formal criminal charges against defendant stating what criminal law was violated.
The Sixth Amendment requires that a defendant be given information upon which to prepare a defense. Thus, the charging document includes the name of the person charged, a brief description of how and where the offense was committed, and the statute allegedly violated.
three major types of charging documents: complaint, information, and indictment.
Grand jury:
A jury is made of 12 peers from the community and you do not need a unanimous grand jury to gain an indictment just (9/12). Further along in the process the burden for prosecution gets higher and tougher. It is typically not hard to get an incidment because there is no defense present and they are done in secret. Just determining probable cause with prosecution.
Arraignment:
The defendant is informed of the pending charges. Usually, the in an initial appearance before a judge) Could potentially enter a plea, not guilty plea or not guilty by reasons of insanity, or form of jeopardy/double jeopardy, or nolo contendere or no contest (if jurisdiction allows it) if not they typically allow an alford plea. This means the accused does not deny facts of the case but they claim they are not guilty of a crime. Technical guilty pleas have the same effect but prevent that person from being liable on the civil side, they cannot have this used against them in civil suit.
6th amendment
Necessary elements of crime
- Law: that defines wrongdoing. Act prohibited by gov spelled out so citizens know what conduct is prohibited. Law must be shown ahead of time. The law does not allow ex post facto law: laws that are passed that would criminalize behavior in the past. The Legislature cannot do this.
- Actus reus or act: material level of crime varies from one to the next,
- Mens rea: crimes with mental rea have to be spelled out before a legal system can make a distinction between crime caused by purpose or accident. Mental element must have planned to order premeditated murder. Mental element has to be established when law is passed, so that becomes a burden for prosecution to have to prove the mental element of a crime. This is challenging because it is hard to prove what someone was thinking. We can guess or make inferences, but we can’t know for sure.
- Injury or some result: Some injury or harm or wrong has to have happened. Crime must have affected society at large or another individual. Consensual crimes: gambling, prosecution, drug use, these harm society at large.
- A casual relationship between action and injury has to be a connection and casual relationship.
Possible plea bargain
each side gets something out of the deal. Prosecution gains conviction; the defendant can get reduced charges or sentencing. Typically this happens. Very prevalent in our legal system. Much more common than trial.
Legal process designed to check the government from being
abusive
When you plea bargain you give up rights to
challenge evidence against you
Prosecutorial discretion:
Prosecutors power to decide what cases and charges to pursue and determine what cases they want to allocate time and resources to and what they don’t, not prosecuting crimes with prosecutors are one of the most important gatekeepers of the legal system. They determine whether a case goes forward or not. They determine who to charge with what charge.
Defendants:
Those accused of violating the criminal law
-Defendants are a diverse lot. At one end of the spectrum are those who are arrested once and are never involved again. At the other end of the spectrum are a small group of repeat criminals who are responsible for a disproportionate share of some offenses.
Prosecution
characterized by decentralization and broad discretion. Through the years, courts have granted prosecutors wide leeway in deciding which cases to bargain out and which ones to try. From the time of the arrest to the final disposition of the case, how the prosecutor chooses to exercise discretion determines to a large extent which defendants are prosecuted, the types of plea bargains that are struck, and the severity of the sentence imposed on the guilty
Misdemeanor vs felony
Misdemeanor- punishable up to a year
Felony- one year or more
Voir Dire (jury selection)
Here two sides question jurors about themselves and specific to the case.
Who is eligible to be on a jury: randomly drawn, US citizen, 18+, resided in jurisdiction at least a year, read and understand english, no mental or physical condition needs accommodation, cannot be a felon. Average at least called once for it.It is considered a duty
Goal of jury selection: both sides try to eliminate biases to their side
Ways to eliminate jurors during Voir Dire:
Challenge for cause: try to eliminate someone for a known bias
peremptory challenges: challenges where either side can dismiss a juror for no reason
Through these two eliminations you try to get most neutral group
Three major types of charging documents:
complaint- which must be supported by oath or affirmation of either the victim or e arresting officer, are most commonly used in prosecuting misdemeanor offenses or city ordinance violations.
information: is virtually identical in form to the complaint, except that it is signed by the prosecutor. In non-grand jury states, a bill of information is used to initiate felony prosecutions;
indictment. using in grand jury states pending grand jury action.
Exclusionary rules
Criminal trial steps
- Opening statements
- Prosecution makes case
- Defense makes case
- Closing arguments
- Instructions to Jury
- Jurys decesion
- Sentencing
- Appeal? - article 1 writ of habeas corpus
5th and 6th amendment
Opening statements
attorneys lay out their case and make a summary of what the jury will see. Prosecution usually goes first, the defense is not required to do this however. Because of where the burden of proof lies (the prosecution) the defense does not have to do anything.
Prosecution makes case
Present evidence by calling witnesses (knowing ahead of time): physical evidence, testimony
Cross examination. The defense gets to cross examine them. “Face their accusers in open court” Fundamental part of trial process and gets at what the trials about : get to the facts of the case. Defense gets to challenge evidence being presented by examining the people.
Defense makes case:
But not required to do or prove anything. It can be common that they feel the prosecution has not met the burden of proof (beyond reasonable doubt) so they do not try to make a case against it. However, typically the case this far shows the defendant might be guilty so the defense usually makes a case.
2 strategies: attack evidence by prosecution or spin a different story or alternative theory about what is going on. Can include an affirmative offense but provide an alternative theory for it such as self defense
Main goal of defense:
create reasonable doubt in jurors mind. Only need to do this in one juror to get a hung jury.
Closing arguments
wrap up each side arguments
Instructions to jury
Judge instructs the jury on how to weigh evidence. What charges they have to make a decision on and what evidence they have.
-jury decision:
Guilty, not guilty, hung jury
Criminal trial has to be unanimous for a conviction
Take a few days. If they can’t reach a consensus, Judge asks them to review. And then will ask if they are deadlocked and have a hung jury.
Not guilty: free to go
-Being not guilty is not the same as being found innocent because our trial process has a very big burden of proof because we value freedom over order.
Hung Jury: prosecution has choice: go back and start all over and recharge the individual or they can work out a plea arrangement.
Guilty: Sentencing
Case attrition:
-Case attrition is the product of a complex set of factors involving patterns of informal authority within the courtroom work group and the backlog of cases on the docket. Screening, however, is not random. Rather, case attrition is related to the sufficiency of the evidence, case priorities, and substantive assessments.
Cases do not automatically move through the criminal justice process. Rather, at numerous stages in the proceedings, judges, prosecutors, and police officers exercise discretion, advancing some cases to the next step, diverting others for alternative dispositions, and drop- ping other cases altogether. Those screening decisions result in significant case attrition.
- For every 100 arrests, 24 are rejected, diverted, or referred to other jurisdictions during prosecutorial screening. Of those arrests that survive the initial hurdle, 21 are later dismissed by the prosecutor through a nolle prosequi (non- prosecution, which is often shortened to nolle or noll pros). Overall, 55 of the initial 100 arrests survive to the trial stage
Most courts exhibit a 50 percent case attrition rate.
Case attrition is related to:
- Legal Judgements: Is there sufficient e vidence to prove the elements of the offense
- Policy Priorities: Case attrition also results from general prosecutorial policies about case priorities. Prosecu- tors devote greater resources to offenses deemed more serious
- Substantive assessments:
-The judicial process is expected to individualize justice. Substantive assessments of justice— attitudes of courthouse actors about what actions should not be punished—constitute the third category of criteria that guide screening. Some cases are dropped or reduced for reasons other than failure to establish guilt
Theories of sentencing/punishment : (not mutually exclusive, more than one can apply)
- Retribution
- Incapacitation/ protection
- Deterrence
- Rehabilitation
Retribution (theories of s/p)
dea of revenge and that the defenders deserve punishment based on offense they committed. “Any eye for an eye” the severity of crime should match the severity for punishment. It is all state sponsored, not vigilantes. Ex: death row for first degree murder. Forward Looking- keep future individuals safe
Incapacitation/protection : (theories of s/p)
: philosophy of locking them up and throwing away keys. Take offenders, put them in jail. Theory is the more bad people you put in jail the safer society is. Underlying assumption: criminals can be constrained by locking them up. Ex: chemical castration on sex offenders Backwards looking- punish for past, no goal to reform offender.
Deterrence (theories of s/p)
Sentence or punishment will be a warning to others. Deterring future crimes by scaring individuals about severity of punishment. Ex: Harsh punishments for DUIS, weed, ect. Problem with deterrence: it assumes criminals are rational thinkers who will stop and think about their consequences.
Rehabilitation (theories of s/p)
Goal is to restore convicted offenders back to society. Idea is most offenders are not inherently bad or sociopaths. Most are simply a product of social circumstances or bad timing. Goal is once individuals reach 25 with frontal lobe and impulsive control is better crime goes way down. More emphasis on this today. Ex: family court, juvenile court.
Sentencing options
By statute from the legislature, they specify potential punishments. Involve typically: incarceration (jail/prison), monetary fine, ordering community service, probation, parole. Parole typically given later o
Levels of proof:
-No proof (not required in any stage)
-Mere suspicion (insufficent for anything)
-Articulable reasonable suspicion (terry v. ohio)
-Probable cause
-Preponderance of evidence (most civil cases)
-Clear and convincing evidence (insanity defense)
-Beyond a reasonable doubt (presumption of innocence means almost certainty true)
-beyond all doubt (not required in any stage)
-important because most are clarified or defined by a supreme court decision.
Challenge: with 12 jurors each may have their own idea of levels of proof.
Criminal justice wedding cake
Layer 1: celebrated cases
Layer 2: the serious felonies
Layer 3: lesser felonies
Layer 4: the misdemeanors
Exonerated
proof individual is innocent
Evidence to disprove it not guilty not enough evidence to prove it
Civil trial: before the trial
- Triggering event that injures plantiff
- Plantiff hires a lawyer
-Fees: by the hour, contingency fee, retainer fee, flat fee, occasionally pro-bono. - Pleadings:
Process: file complaint, delivery of what the complaint is, and answer by defendant - Pretrial motions:
–motion to dismiss
-motion for summary judgment: plaintiffs ask for judge to declare victory before trial argument is facts are so overwhelming that nothing the defense foes can prove their not liable
Civil cases take a long time. Defense tries to drag it out and stall to avoid punishment or bleed the plaintiff or resources (takes money to try cases) may make the plaintiff want to settle or get a weaker deal if they are running out of resources. - Discovery and pretrial conference:
Discovery, depositions, interrogatories, production of documents, and stipulations
Discovery: used to identify any facts relative to the case. Expert opinions, known facts, documents. Ex: evidence dumping
Depositions: witnesses examined under oath. Typically in a law office. Scope of questioning is wide open.
Interrogatories: written questions individuals have to answer under oath. Only parties can be made to do them.
Production of documents: dumping
Stipulations: facts both sides agree upon for the case to be more efficient.
Grieving - claiming - disputing - hiring a lawyer - deciding to file suit
Goal in civil cases:
no surprises. any times parties try to work out arraignments before trial to get a settlement.
Jury vs. Bench trial in civil cases
Oftentimes jury trials. 7th amendment right to have a jury trial in a civil case
Burden of proof in civil cases
beyond a preponderance of the evidence” (lower than beyond a reasonable doubt)
Trial motions: (civil)
-Motions made by defense to stop trial if they believe there is not enough evidence to sustain the case. Judge will accept this motion if they think no reasonable person could rule for the plaintiff given weight of evidence.
Jury verdicts and post trial motions:(civil)
Compensatory damages: compensate plaintiff for what quantifiable damages they have
Punitive damages: ideas that your punishing defense for their
Judgment and execution: either judge or jury makes award and losing side can appeal.
Judgment and execution: (civil
either judge or jury makes award and losing side can appeal.
Differences with civil trial:
-Goals of actors typically look diff. (even though final statistics look different)
Playing for different stakes (freedom v. money)
-Rules of evidence: disclosure (idea that prosecution must turn over any exculpatory evidence to show defendant is not guilty) vs discovery (sharing evidence so no surprises)
-lack of speedy trial
-# of jurors
-Civil and criminal outcomes
Different rules of evidence , different burden of proof.
Actions can lead to either Example: OJ simpson
-Burden of proof for jury is different
The puzzle of plea bargaining
The right to a speedy (jury) trial is arguably one of the
most important rights for having a legitimate and
fair/just legal system. Constitutionally guaranteed.
* Trials force the state to produce evidence and facts at
trial (in open court) that can be contested on cross
examination
* Yet, because of a variety of factors (e.g., slow process,
too much power for overzealous prosecutors/policies),
many defendants plead guilty to crimes there are
either innocent or incorrectly charged
* At the federal level, over 98% of all cases end in a plea
bargain
* It seems if trials are diminishing, it places a higher
priority on efficiency, which harms the ability of the
legal system to provide justice
Trial penalty
Plea bargaining eliminates
all rights
Informal discussion (plea barganing)
: not a formal part of the process. Discussions between prosecution and defense consuel.
-Everyone wants to see what kind of deal they can get
Trial vs offer by prosecution
Plea bargaining
The process by which a defendant pleads guilty to a criminal charge with the expectation of receiving some benefit from the state.
-The majority of findings of guilt occur because of plea bargaining
Prosecutors hold up for taking every case to trial:
-resources
-time
-money
They have to allocate all this and prioritize high profile convictions and cases so lower level cases plea bargaining is more appealing and logical for them.
Roles of Judges in PB:
-Informal: purposefully put dockets on their calendar “pre-trial hearing” “Settlement dockets” force parties to come together to avoid a timely and costly trial.
Judges take an active role in this despite by design they are normally very passive. Other than this, they usually look like referees. They try to create efficiency in the legal system so they play a more active role in facilitating resolutions. -They have an incentive to be engaged in process
-Judge must determine whether or not the plea bargain is fair. Before judges accept any plea deal, they will ask the defendant a number of questions. They ask whether ot not the defendant faced any threats, whether they are satisfied with their defense counsel (so you cannot appeal the plea and give up your right), and are they sure they want to waive their right to a jury trial.
Decision to reject/ accept the plea deal:
what do defendants think? They consider likelihood of getting convicted at trial, Severity of sentence, do i wanna fight to clear my name, do I want to go broke fighting this, and how much time has already passed since the beginning of being charged and they choose whether they want to move on with their life, They have already lost time and wanna get it over with. Powerful social motivator: shame. People will plea bargain for reduction of charges or sentence to resolve some shame. “Save face” with public
Jury trial penalty:
if an individual does not plea they go to a jury trial and often the sentence by a jury is 4-5x more harsh than plea bargaining.
Sounds cohesive, however, has been named by the supreme court. Because of the backlog of the legal system. Drains resources, time, and money of legal system.
Types of crimes being handled: less severe, more likely to see plea bargaining being made, and more severe less likely.
In courthouses around the nation, it is a common assumption that defendants who do not plead guilty will receive a harsher sentence.
- “He takes some of my time; I take some of his.” Here “time” refers to the hours spent hearing evidence presented to a jury (King et al. 2005). The U.S. Supreme Court has clearly sanctioned the practice
Three types of plea bargaining:
Charge bargaining: The defendant pleads guilty to a less serious charge than the one originally filed.
-Some prosecutors deliberately overcharge so it appears that the defendant is receiving a break.
Count bargaining: The defendant pleads guilty to some, but not all, of the counts contained in the charging document.
-In multiple-count charges, sentences are typically served concurrently (not consecutively), so the “sentence reduction” the defendant receives is largely illusionary.
Sentence bargaining: The defendant pleads guilty knowing the sentence that will be imposed.
-Because the normal penalty for an offense is less than the maximum, defendants appear to get off lightly.
Types of crimes and prevalence of plea bargaining
- Murder
- Rape
- Assault
What’s involved in a plea bargain:
- Defendant waives their rights
- Allocution: establishment of facts of the crime. When a person pleads the defendant has to answer a series of questions admitting to certain facts that took place to satisfy the statute that contains the elements of the crime. Make defendant walk through crime, admit elements, and satisfy statutory requirements
3.Boykin Form: Standard form used for when defendants waive their rights. Lets defendant know what rights they give up. Ask their education level to make sure they are able to understand the meaning behind it. - Two types of pleas:
- Judges discretion to accept or reject the plea bargain
Why is plea bargaining so common?
- Presumption: idea that the defendant has evidence against them and will probably be found guilty in trial.
- Reduction in uncertainty: People do not like uncertainty, everyone involved in cases as well. Cognitive reasoning. This reduces uncertainty for prosecutors, defendants, ect. It also helps the prosecution get a conviction, spend less resources. Defendants usually get a lesser charge or judgment and get to save face and provide quick resolution for them and they all ghetto move on.
- Excessive caseload: large caseloads only three ways to reduce it: more plea bargains, drop charges (don’t do this bc they will look soft and lose election), or ask for more resources through taxes which is difficult. The system would collapse and slow down with more trials and less plea bargains.
Indigent
not able to afford a lawyer
Probation
Punishment for a crime that allows the offender to remain in the community without incarceration but subject to certain conditions.
-Almost 4 million adults are under federal, state, or local jurisdiction on prob
Fines:
A sum of money to be paid to the government by a convicted person as punishment for an offense.
-Often used in misdemeanors.
Capital punishment:
: The use of the death penalty (execution) as punishment for the commission of a particular crime
-almost 3,000 people on death row
Why cases go to trial:
In one type, the defendant’s possible gains are high because of the chance of an acquittal. There may be reasonable doubt that the defendant committed any crime, or two sets of witnesses may tell conflicting versions of what happened. The second type of trial involves situations in which the prison sentence will be severe. Even though a finding of not guilty is unlikely, the defendant may still decide that the slim possibility of an acquittal is worth the risk of the trial penalty.
Costs and Risks of trial:
-Trials are a costly and time-consuming means of establishing guilt. Trying a single case requires the presence of a judge, a bailiff, a clerk, a defense attorney, a prosecutor, and a court reporter.
-Trials also represent uncertainties and risks. A number of unexpected events can occur during trial. The victim may refuse to cooperate. The testimony of a key witness may differ significantly from earlier statements made to the police. A witness may make an unfavorable impression on the jury. A mistrial may be declared. Even after a jury verdict of guilty, the appellate courts may reverse the decision, meaning the whole process must be repeated.
nolo contendere
I will not contest it. With that plea, the judge will find the defendant guilty, but the plea cannot be used in a civil proceeding as an admission of guilt. Thus, a plea of nolo contendere is usually entered when civil
Forms of punishment:
imprisonment, parole, probation, fines
bifurcated trial.
During the first, or guilt, phase of the trial, the jury considers only the issue of guilt or innocence. If the jury unanimously convicts for a crime carrying the death penalty, then the jury reconvenes. During the second, or penalty, phase of the trial, the jury considers aggravating and mitigating circumstances and must unanimously decide to impose the death penalty. In arguing for the imposition of the death penalty, the prosecutor points to aggravating circumstances: for instance, if the defendant was previously convicted of an unrelated mur- der or created a risk of death or great bodily harm to more than one person. Defense attor- neys, in contrast, highlight mitigating factors, such as the youth of the offender, lack of significant prior history of criminal activity, or mental illness.
Bifurcated phase so that the defense does not have to bring up aggravating and mitigating factors without harm to his case because he has already been found guilty.
Steps of Civil Procedure:
Complaint: First paper filed stating who is being sued and why.
-Under notice pleading, lawyers have only to provide bare details of the lawsuit
Service: Process of officially bringing the complaint to the defendant.
-On rare occasions, there are complaints that the papers were never delivered.
Answer: Defendant’s response to allegations made by the plaintiff in the latter’s complaint
-Answers are often short denials of the plaintiff’s contentions
Discovery: Process by which parties to a lawsuit exchange information about the case.
-The more money involved, the more extensive the amount of discovery.
Motions: Requests that the judge make a ruling.
-Motions range from procedural to dispositive.
Pretrial conference: The judge may require lawyers for all parties to meet
-The judge typically uses the pretrial conference to explore the possibility of settlement.
Settlement: Agreement about the disposition of a lawsuit reached by the parties.
-Negotiations vary in intensity and type.
Trial: Fact-finding process using the adversarial process.
-Trials without juries are often best described as hearings.
Enforcing judgment: Collecting money owed by the defendant
-In small-claims cases and child custody disputes, enforcement of judgments is often at issue.
Tools of Discovery
- Depositions
- Production of documents
- Interrogatories
Types of negotiations:
Best Result Negotiations In best result negotiations, lawyers focus on obtaining the best possible settlement for their clients under the circumstances. This goal represents the tradi- tional, utility-maximizing image of the negotiation process.
Appropriate Result Negotiations Alternatively, lawyers may negotiate to obtain the appropriate result, given the alleged facts of the case, resources of the party, and options available. In pursuing that goal, lawyers may or may not adopt an adversarial stance. Rather, the process is largely shaped by the seeking of information.
Ritualistic Negotiations Finally, negotiations between lawyers in civil cases may be ritual- istic, whereby the parties go through the motions of negotiations but there is neither a series of offers and counteroffers nor an exchange of facts and information that would be associ- ated with an effort to arrive at an appropriate result.
What was Elieen Addisons dilemma?
-Evidence is inconsistent with both stories
Dilemma prosection faces: meet burden of proof. Prosecution has one shot so they have to make sure they have the correct person charged. So, Switch to Atkins and work deal with Jones to testify against AtkinsDilemma- You have to give Jones a deal. They dropped other charges and asked judge for leniency on Jones for cooperation Both have clear motives for lying about crime, they are the sole witnesses Issue: Neither Jones or Atkins matches forensic evidence which loses credibility for Jones story Atkins shows escalation of violent crimes to his prior crime spree and gets life for that already. So decides to go after Atkins so Nesbitts death gets justice
Goal for prosecution when they take case to grand jury
Indictment. Fairly easy to do because the defense is not present and it is private.
Selective incorporation:
on a case by case basis federal extends fundamental rights to state court so states cant take that away
Intent of 8th amendment is clear, meaning is not
What does it mean for something to be cruel?
- Designed to bar sentences that inflict great pain or torture
- Not static
- Not imposed due to status or condition
- Proportionality: severity of sentences equal severity of crime. Ex: only murder gets death penalty
Reasons you can be moved from jury selection?
1.Extreme partiality to one side or the other (DP) they may remove you from jury selection
2. You have to show an inability to follow the law
Furman v Georgia 1972 (page 65)
death penalty challenged. Death penalty cannot be applied arbitrarily there must be reasonable guidelines for guidance on the decision
The court put out a moratorium and states had to change guidelines quickly
Gregg v. Georgia 1976
Has to be consideration of:
Aggravating Factors:
Mitigating Factors:
Aggravating circumstances
Mitigating circumstances
Insanity vs retardation
People who are insane cannot differentiate right from wrong.
Some intellectually disabled people can, some cannot depending on IQ level
Insanity
: Distinguishes mental retardation from other mental disorders in criminal law, it is not insanity.Insane persons, due to serious disease or defects, lack the capacity to appreciate the criminality of their actions and an inability to distinguish between right and wrong and conform their behavior to it. Those who suffer from it are not responsible for their actions because they are unable to reach the required level for intent, so insanity is a defense.
Retardation
not a mental illness, permanent condition that cannot be reversed. Mental illnesses such as depression or schizophrenia can be treated in therapy or medication, but mental retardation cannot. Retardation is characterized by significantly subaverage intelligence. It begins at birth or manifests in early childhood. They are capable of limited learning and struggle to adapt to the world around them. Depending on the level of mental retardation, an individual despite being mentally slow MAY be able to distinguish right from wrong and control their behavior, which may leave them legally responsible for their actions. If severe, the law has acknowledged that they may not be legally responsible.
Early English common law defined as
idiots; low intelligence permanent aspect began at birth no capacity for criminal intent , imbeciles: less severe intellectual impairment unable to mature past a child’s level sometimes criminally accountable, and lunatics; temporary lack of mental capacity stemming from a traumatic event. Pg 88
Today, the law uses scientific criteria to define mental retardation with 3 criterion:
- (IQ)Intellectual ability measured by standardized intelligence quotient. Wechsler Adult Intelligence scale from David Wechsler in 1930s. The goal of the test is to measure the capacity of an individual “to act purposefully, to think rationally, and to deal effectively with his environment.” Uses revision to keep pace with general upward human intelligence and is generally valid and reliable. Summarizes scores with verbal intelligence, performance intelligence, and a full-scale intelligence quotient. Mild mental retardation, severely retarded, and profoundly retartded.
- Adaptive behavior involves traits necessary to interact successfully with one’s environment. Restricted conceptual skills and limited social skills
- The condition makes its presence known from an early age. It is commonly inherited by prenatal conditions, or triggered by trauma or illness early in life. Retardation is NOT an adult condition. Manifests at early age
Johnny Paul Penry James A Lynaugh, Director of the texas department of corrections
Question:
does the eighth amendment ban against cruel and unusual punishment require that all mentally retarded people be exempt from the death penalty?
Penrys appeal claims:
1.Attacked judges instructions to jury for failure to give sufficient attention to the consideration of Penrys mental retardation and childhood abuse as mitigating circumstances (on basis of Gregg v Georgia 1976)
2. Asked judges to remove categorically mentally retarded people from the death penalty eligibility. (on basis of Trop vs Dules 1958 gave “evolving standards of decency” on how to judge what 8th amendment means)
Won jury instructions regarding mitigating circumstances, lost overturn because only two states had employed this and no national consensus.
Penry case is important for Atkins because
it highlights that Atkins can highlight certain factrs for his case
What is a peremptory challenge and Importance in Atkins case
What is a consensus?
A majority opinion, implies that it may be almost unanimous
Jury:
fact-finding body responsible for evaluating evidence presented by both sides. They take this evidence with judge instruction and answer whether or not the defendant is guilty of crimes charged beyond a reasonable doubt.
When a juror reaches a a moral certainty that the defendant is guilty then the prosecution has met its obligation.
Jurors are carefully selected and supposed to represent a community.
Re-read eligible for execution notes and recite aloud
Barriers obtaining SC review:
- Jurisdictional: requirements to hear cases
One- Its resolution requires an interpretation or applicatio of US Consitution, federal statutues, or other treaties. - Second- it involves certain parties. The fed gov or two state govs
Discretionary
Where did ellis aim his arguments?
swing votes - Kennedy and O’connor
Ellis argument on national consensus
18 states passed law removing dp for MR individuals since Penry (1989)
Atkins v Virginia (2004)
Ellis brief argues that in 15 years 18 states banned MR and 12 states banned the DP completely = 30
Rumpz argued that
Virginia claimed that the 12 states who didn’t have the dp did not count and so there was no majority and no national consensus. They argued not half of states. Second argument was that you can’t group thema all together. Third, that Atkins is not mentally retarded
What is a consensus? A majority opinion, implies that it may be almost unanimous
12/50or 30/50
Evolving standards of decency
Trop vs Dules 1958 gave “evolving standards of decency” on how to judge what 8th amendment means
Said that as a society we interpret law on societies standards of decency at that time
Trop v Dules gave precedent
We care about dissenters’ opinions because
of legitimacy, we do not suppress the minority. It also should strengthen the majority argument
Why was rogers and saunders taken out after Robert Lee petition?
Ineffective counsel and conflict of interests. Despite little evidence, Judge Smiley granted it to avoid future appeal
Atkins iQ scores:
59, 74, 67, 76 = 66.4 average
Threshold= 70
At some point Nesbitts name was not even mentioned..
; dehumanizes system to make decisions
The process of Atkins case shows that the system works because
despite typical human errors they can be corrected
Most cases do not end in
trial, but those who do can get appealed
What are appeals based on?
-objections
-reversible error (as opposed to harmless errors)
-juror with bias, erroneously admitting/ excluding evidence, incorrect jury instructions, failure to or incorrectly clearing mis trial
These errors are errors that could have changed case and led to different outcome
Atkins reversible error:
verdict form not having the option of not giving DP despite it being said verbally
Why do we call them state courts of last resort and not SC?
Some states have weird naming conventions, so this conveys that this is the last state court that will hear the case.
Court of appeals function
correct mistakes.
Decided by panels of 3 judges selected randomly from cricut
Trial court function
collect facts (fact-finders) and issue initial decisions.
SCOTUS Function
participate in rule-making. They clarify a law for all the lower courts. SC is concerned with how it affects many cases across country
What rule did Atkins V Virgina create?
created the rule that giving the dp to mr is cruel and unusual and violates 8th amendment. Now all lower courts must follow this rule.
Most cases end at the court of appeals. Why?
do not get petitioned beyond here because they don’t petition any issue that is broad enough to be heard by the supreme court.
Implication-
Very small percentage of cases get heard by SCOTUS
What are what are justices looking for in the court of appeals cases?
Case has to have a major issue that affects federal courts or laws
Multiple cases happening in different circuits and rulings, tells SC they need to clarify the law and craft a rule to clean up these inconsistencies
NAME 9 SUPREME COURT JUSTICES
John Roberts appointed by President Bush in 2005
Clarence Thomas appointed by President H.W. Bush
Samuel Laito appointed by President Bush
Sonya Satamayor appointed by President Obama
Elena Kagin appointed by President Obama
Niel gorsuch appointed by President Trump
Brett Kavanaugh appointed by President Trump
Amy conne barrett appointed by President Trump
Katangi Brown Jackson appointed by President Trump
John Roberts
appointed by President Bush
Clarence Thomas
appointed by President H.W. Bush
Samuel Alito
appointed by President Bush
Sonia Sotomayor
appointed by Obama
Elena Kagan
appointed by President Obama
Niel gorsuch
appointed by President Trump
Brett Kavanaugh
appointed by President Trump
Amy coney barrett
appointed by President Trump
Ketanji Brown Jackson.
appointed by President Biden
US Supreme Court:
1 chief justice - 8 associate judges
Few things that makes job of chief unique:
Institution- historically not always prestigious
Lifetime position article 3 protection
Term start- first monday in october usually ends in June
Cases are petitioned to court all year long
The process: Agenda setting
-passive in comparison to how congress and the president
-Has almost complete discretion over what cases it “decides to decide” (prior congress could mandate what they heard)
Most cases come as petition for writ of certiorari asking to correct some legal error
-Petition to deny certiorari (typically do not do this because it puts more spotlight on the case
Appellant and Appellee
(parties, petitioner and respondent)
Petitioner named first (KNOW THIS)
IFP:
In Forma Pauperis
Poor or indigent can file IFP status and the court will still hear your appeal
Less likely to choose an IFP opinion
-With roughly 8500 petitions to sort through, how do 9 people decide?
They only hear about 70-80 cases each term
Cert Pool:
-Each justice assigned 4 law clerks to split and read through them (except alito and gorsuch do not use cert pools the clerks read all appeals and surf through them to avoid bias from other law clerks)
They write a memo of it and circulate it to all nine of the offices
Then a discuss list: any 1 justice who wants to talk about a case at next conference put on list
How many cases make the discuss list?
40-50 cases make each conference with one minute discussion and vote
Over 80% of cases never make discuss list (approx 6,4000 cases)
Cases are granted “cert” with “rule of 4”
-Strategy and the rule of 4
Clear instance of minority having power
Why? Gives them power to put something on agenda that majority may not want to deal with
Strategy- if you are in the minority do you want to force the SC to hear a case? No because you do not want the SC to set an unfavorable precedent that you do not like
Decline in # of cases court is hearing because
for a long time they were forced to hear the voting rights act by congress, now they do not have to. As well as, rule creation they are creating a consistent body of law then few cases are appealed and heard.
Agenda setting
-Case selection not random
-Circuit conflict is single most important predictor of case being granted cert
-Policy preferences matter
-Bottom line: cases they decide are truly exceptional
Process continued: After cert is granted, cases are briefed on the merits - merits brief
Then..
Parties dictate what information to present and how to present it
Petitioner files brief first then respondent
Amicus curiae- friends of the court
Then oral arguments
When petitioner gets asked more questions thats a
bad indicator
Conference and bargaining:
Conference (private)
-Ritualistic- handshakes and greetings
-Chief starts, states his views, then proceeds in order of seniority
-Justices (tentative) vote on case outcome(s)
-Tentative assigning of majority opinion writer
Bargaining
-exchange of memos, draft opinions
SC case process simplified:
Atkins case read through then skim chapters
Apellate courts can
modify, reverse, remand, or reverse
Reversible errors
Affect the outcome of the trial
Harmless errors
Do not affect the outcome of the trial
Appeal:
Legal challenge to a decision by a lower court. Virtually certain if the defendant is convicted at trial
Mandatory: Appellate court must hear the case. Many appeals are “routine,” which means they have little likelihood of succeeding.
Discretionary: Appellate court may accept or reject.Appellate courts hear a very small percentage of discretionary appeal cases
Disposition affirmed
Appellate court decision that agrees with the lower-court decision. Seven out of eight criminal appeals are affirmed.
Remanded:
Case is sent back to the lower court for a hearing on a specific issue. Often, an indication that the appellate court is troubled by the judge’s action but doesn’t wish to reverse.
Reversed: The lower-court decision is set aside, and further proceedings may be held. Defendants are very often remanded and reconvicted following retrial.
Criminal appeals exhibit four key features:
- First, criminal appeals are relatively homo- geneous; by and large, they are drawn from a fairly narrow stratum of the most serious crimi- nal convictions in the trial courts
- Second, criminal appeals are routine; they seldom raise meritorious issues (that is, they do not raise new or important points of law)
3.Third, criminal appeals are rarely successful; appellate courts often find no reversible error in the trial court proceedings.
4.Fourth, cases of the handful of criminal defendants who are successful on appeal are likely to involve the least serious offenses and offenders.
Policy making by SC is done by
oPinions written by 1 justice in majority and signed by others who agree with majority’s reasoning and outcome
Opinions typically do three things:
Opinions typically do three things:
1. Provide a judgment: give the outcome by affirming or reversing and telling who wins/ loses
2. Move public policy in one direction or another. Their decisions have a policy consequence to a conservative or liberal direction. Sometimes keep status quo- ex: Dobbs
3. Provide some sort of legal rule. They give guidance, rule, or standard for lower courts to use when they face a similar issue in the future. Example: cannot give MR DP bc it violates 8th amen
Written opinions put decisions and justifications and rationale in writing. Why?
To appear legitimate. They do not have the power of the purse or sword.
They put their decisions in writing
Dissenting opinions
can be narrow on one or two issues and can read like an angry rant or can be similar to majority
Why do we care what the losers think in dissenting opinions?
- Legitimacy - do not silence minority, majority knows their reasoning and decision must withstand criticism made by dissenters. Strengthens majority’s arguments
- Provides basis of ideas for future case law (today’s dissent could be tomorrow’s majority opinion)
Two types of Concurring opinion
-Regular: agree with reasoning and outcome, want to say something additional. Majority did not want to include it so individual justices can, they do not provide any authority but they have interesting ideas and usually respond to dissenters’ opinions.
-Special: agree with the outcome but NOT the reasoning (can impact the number of justices who support majority opinion). They have a different rationale for how they arrived at the same outcome.
most important number on the court
majority opinion needs 5 justices to support the reasoning and outcome/disposition (e.g. whether the case is reversed or affirmed)
Prosecutorial discretion
find in book
Define, explain, example
Why are there less cases granted petitions since 1970? Why is there a big decline?
Theories-
- The court appellate jurisdiction has been changed by congress over years. Initially congress passed laws mandating they hear issues such as the voting rights act. After 1980 they did not mandate anymore
- If you believe that they are trying to create rules and doing a good job of crafting legal rules that clear up issues so lower court judges make decisions easier so you won’t have any conflicts needing to be heard by the supreme court
- Justices are lazy. Could be true, could not be
