The Court Systems + Criminal Law
Chp. 3 & 4
How Can Disputes Be Resolved Without Going to Court?
Alternatives to litigation:
(1)
- The parties may invite an independent third party to act as a mediator, a 3rd party who tries to develop a solution acceptable to both sides of the dispute.
OR
- They may choose arbitration, using a 3rd party to determine what happened and who will develop a binding decision enforceable by law.
--can be enforced by court order if necessary
Trial Courts
Trial Courts
- (2) Courts have Original Jurisdiction - they have the power to hear a case in full for the first time
- Local trial county courts (also known as associate circuit cours) ~ handle minor matters, such as misdemeanors and civil actions involving no more than $25,000
- In addition to the plaintiff, defendent, and witnesses, other people involved in the courts include judges, lawyers, clerks, bailiffs/sheriffs, and jury members.
General Trial Courts
Each county in most states has at least one (Ex: Licking County Common Pleas Court)
The cases that begin here involve: major crimes and large amounts of money
Appellate Courts
- Review decisions of lower courts when a party claims an error of law was made
- (3)Read the transcript ~ verbatim(exact words) record of what went on at the original trial
- (4)Review appellate briefs ~ written arguments on the issues of law submitted by the attorneys
- (5) Appellate courts decide whether the decision of the lower court should be affirmed (upheld), reversed (overturned), amended (changed), remanded (sent back to the trial court to be reconsidered for corrective action
The Federal Court System
- Have jurisdiction (power and authority to hear a case and make a judgment) over cases in which the U.S. or one state, such as Ohio, is a party (Example: U.S. v. Microsoft)
Structured in three levels:
Federal or U.S District Courts - lowest level of federal courts
- try cases the first time it's heard
- Have general jurisdiction (court that can hear almost any kind of case)
(8) Federal or U.S. Court of Appeals (appellate courts)
- Have appellate jurisdiction ~ power of a court to hear appeals from district courts, specialized federal courts, and many federal administrative agencies
U.S. Supreme Court - the highest court in the land
- (9) hear cases involving constitutionality of federal law
- has both original and appellate jurisdiction
- (10) If they decide that a case does have a constitutional issue that is important enough to be decided by it, they will issue a writ of certiorari (order to a lower court to produce the record of a case for their review)
- (11) 4 of 9 justices decide which extra cases will be heard from the U.S. courts of appeals or state supreme courts
A Typical State Court System
State trial courts (also known as Circuit Courts or Common Pleas Courts)
- (12) have general original jurisdiction over criminal and civil matters
- may review decisions of specialized courts such as small claims courts
State Courts of Appeals
- Appeal is reviewed by a panel of judges (no more than 3)
- Evaluates the record of the case and appellate briefs submitted by the attorneys
- (13) May hear oral arguments by the attorneys but no new evidence will be introduced
- The decision will either affirm, reverse, amend, remand the decision of the lower court
- (14) You are typically entitled to a trial and one appeal, if filed in a timely matter and in the proper form.
- Typically there will be a panel of 3 or more justices that will review the cases on appeal
State Courts with Specialized Jurisdictions
(15) City or Municipal Courts - traffic, misdemeanors
(16) Small Claims Courts - handle disputes in which small amounts ($2,500 or less) are involved
- typically no attorneys or jury's involved
(17) Juvenile Courts hear cases involving children under 18 years of age. They have jurisdiction over the following:
- Delinquent children - minor who committed an adult crime
- Unruly children – minor who has done something inappropriate ~ not considered an adult crime
(18) If a juvenile is convicted of a crime, they can be placed on probation, sent to a local detention facility, be ordered to complete mental health treatment, go to counseling, complete community service
- Abused or Neglected children - those who are considered homeless, destitute, or without adequate parental care ~ may become a ward of the state
(19) Probate Courts
- the court that administer wills and estates after a person passes away
Chapter 4
(20) What are the differences between a civil case and a criminal case?
- Civil cases usually involve private disputes between people or organizations.
--civil court judges can order you to pay money or a fine; the judge or jury must believe that your case is stronger than the other side's case; Jones vs. Smith
--criminal court judges can punish you for breaking the law by sending you to jail, probation, fines; State of Ohio vs. Smith
(21)ELEMENTS OF A CRIME - In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt to convict an individual of a crime:
- The criminal act - the unlawful act of committing a crime
- State of Mind - Mens rea (the guilty mind) - refers to the mental state or intent that a person has when committing a crime -- malice aforethought - means a deliberate, premeditated intent to cause criminal harm
Example: Prosecutors must show that the defendant acted with a deliberate and premeditated intent to cause the death of another person. This requires evidence that the defendant had a conscious plan or purpose to commit the homicide and that this plan was formulated in advance of the actual killing. - Causation - Actions that caused the outcome.
The prosecution must prove beyond a reasonable doubt that the individual’s actions led to the alleged harm or injury.
Search and Seizure
A police officer can search a person, car, house only when given permission or with a warrant, unless you are a student at school.
A police officer can conduct a limited search, a frisk to search for a weapon, if you have been arrested.
Plain-view exception - police can seize illegal items that are in plain view (or plain smell) without obtaining a warrant
Rights of the Accused
- After the arrest, criminal defendants may not be compelled to testify against themselves
- evidence cannot be developed by unreasonable searches and seizures
- There should be probable cause (a reasonable ground for belief) when conducting a search
- Right of the accused to be represented by a lawyer (provided by the state if a person cannot afford to hire one)
- To be convicted of a crime, the evidence must establish guilt with proof "beyond a reasonable doubt."
The Arraignment
During the arraignment, subjects must go before the court asap after the arrest to be told of the complaint and his/her rights
judge could dismiss the complaint or decide that there is probable cause that they committed a crime
Defenses to Criminal Charges
- The state must must prove the defendent is guilty beyond a reasonable doubt.
Procedural defenses - ignorance of the law is not a defense, but they can use this if there are problems with the way an accused person is arrested, questioned, tried, or punished.
Substantive defenses disprove, justify, or excuse the alleged crime -- self-defense, criminal insanity, and immunity
- Self-defense is the use of the force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping
--defense of family/household members that you have a duty to protect are included
- Immunity is freedom from prosecution even when one has committed the crime charged
--could be granted immunity in exchange for testimony about another crime - Contempt of court occurs when a witness refuses to testify or fails to follow the rules of the court
Punishments for Crimes
- Punishment is the penalty provided by law and imposed by a court used to deter others from similar behavior and/or remove criminals from society/rehabilitate them during their sentences
----fines to imprisonment, and in some cases, death - Plea bargain is an agreement between the defendant (accused person) and the prosecutor to plead guilty to a lesser crime in exchange for having a more serious charge dropped.
---must be approved by the judge
Pre-trial Criminal Procedure
- Some states send the information to a grand jury (decides whether the state has enough reason to bring felony charges against a person alleged to have committed a crime).
3. Arrest warrant is the written court order for the apprehension of an accused
---if not already completed, advise defendant of their constitutional rights, fingerprinted, photographed, possible submit to blood and DNA retrieval
4. Arraignment is read their formal charges and can then plead to the charges (guilty/not guilty)
5. Preliminary hearing - evidence will be presented to the court to decide if there is sufficient cause to help the defendant for trial (many times this hearing is waived)
6. Defendant may be kept in jail or released on bail until their trial date.