American Government
1st EditionGlen Krutz
412 solutions
Government in America: Elections and Updates Edition
16th EditionGeorge C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry
269 solutions
American Corrections
11th EditionMichael D. Reisig, Todd R. Clear
160 solutions
Criminal Justice in America
9th EditionChristina Dejong, Christopher E. Smith, George F Cole
105 solutions
---Criminal Law---
Under criminal law, governments establish rules and punishments; laws define conduct that is prohibited because it can harm others and impose punishment for committing such an act. Crimes are usually labeled felonies or misdemeanors based on their nature and seriousness; felonies are the more serious crimes. When someone commits a criminal act, the government (state or national, depending on which law has been broken)
charges that person with a crime, and the case brought to court contains the name of the charging government, as in Miranda v. Arizona discussed below.
---Civil Law---
On the other hand, civil law cases involve two or more private (nongovernment)parties, at least one of whom alleges harm or injury committed by the other. In both criminal and civil matters, the courts decide the remedy and resolution of the case, and in all cases, the U.S. Supreme Court is the final court of
appeal.
U.S. District Courts: lowest level in the federal system, 94 judicial districts in 50 states & territories, no appellate jurisdiction, original jurisdiction over most cases
-Trial courts that hear criminal and civil cases
• Federal prosecutor is the United States Attorney
• Plaintiff brings the suit, defendant is one sued
• Charges proved beyond a reasonable doubt
Circuit courts: Intermediate level in the federal system, 12
regional "circuit" including DC circuit, no original jurisdiction; strictly appellate
• Hear cases on appeal from district courts
• Appellant files brief, states legal error
• Appellee files brief, defends lower court decision
• Oral arguments held before judges
Supreme Court: highest court in federal system, Nine justices, meeting in Washington DC, Appeals jurisdiction through certiorari process, limited original jurisdiction over some cases
-led by chief justice
•
Hears cases on appeal by a writ of certiorari
• Rule of four to determine which cases to hear
• Amicus curiae briefs are one way for the Court to be influenced by outside parties
The three strikes law was enacted by the legislature and signed by Governor Pete Wilson on March 7, 1994. AB 971 was passed as an urgency measure—requiring a
two-thirds majority in each chamber—due, in large part, to the popularity of the impending statutory initiative
proposal that eventually was passed as Proposition 184 in November 1994 with 72 percent support.
Under this law, the first two strikes must be serious or violent felonies, but a third strike could have been triggered by any felony. A second strike conviction carried double the normal sentence, and a third strike conviction mandated a sentence of twenty-five years to life. Critics of the law decried the fact that felons had been given sentences of twenty-five years to life for stealing a slice of pizza, a bottle of vitamins, videotapes, and other seemingly minor crimes. Supporters of the law pointed out that in each of these "horror" stories, the seemingly minor offense was the last in a long series of crimes. Every third striker had previously committed at least two serious or violent felonies.
1) District courts - lowest level of the federal court system; usually have original jurisdiction; they are trial courts and are responsible for determining the facts of a case; they take both criminal and civil cases; in a criminal case, district courts determine guilt or innocence.
2) Circuit courts - between district courts and the US Supreme Court; also called the court of appeals, or the appellate courts; they don't decide on the guilt or innocence of a person in a criminal case, nor do they decide which party should win a lawsuit; instead they have appellate jurisdiction, which means they have the authority to review the fairness of a case appealed from a lower court; finally, lawyers appeal a case when they feel that the district court judge made a mistake, and the appeal is based on how the judge applied the law.
3) US Supreme Court - court of highest appeal; has limited original jurisdiction (cases involving disputes between two or more states, and cases that involve diplomats from foreign countries); in all other instances, the Supreme Court hears cases that have been appealed from the lower courts.