DSST Criminal Justice

Marbury vs madison in 1803 established power to

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Marbury vs Madison in 1803 – established power to review acts of Congress and declare invalid those it found to be in conflict with the U.S. Constitution…. know this d.v. Powell vs Alabama in 1932 – overturned a decision that found eight black men guilty of rape, because the court did not provide legal counsel d.v.1. Also the speedy trial without adequate legal counsel found to be in conflict with the 14 Amendment’s due process clause 64. US Courts Jurisdiction a. Limited jurisdiction– also called special jurisdiction, and LOWER courts, deal with misdemeanors , rarely hold jury trials a.i. Have no authority in felony or appellant cases a.ii. Over 90% of criminal cases in some way deal with courts of limited jurisdiction a.iii. Usually do the pretrial processing for felony cases to be passed along to other courts b. General jurisdiction courts called HIGH courts, Superior Courts or Circuit Courts, can hear any criminal case b.i. Fact finding foundation known as adversarial process which pits the State’s interest against the Defendants defense counsel b.ii. The way criminal trials are conducted, strict rules and procedures b.iii. Major trial courts in US are courts of general jurisdiction, can try and decide cases, including appeals c. Appellant courts review judgments, may uphold judgment (known as Reaffirm) or require the lower court to modify it c.i. Courts with Appellant jurisdiction cannot try criminal cases but only hear appeals c.ii. Often divided into two or more tiers c.ii.1. Intermediate courts of appeals to help relieve the burden of high courts c.iii. Called the “Court of last Resort”, each state may have a different name, court of appeals, supreme court of appeals, or supreme court…. Know this 65. Trial Courts – where most civil and criminal cases begin, have power to hear civil or criminal case, include: probate courts, family courts, district courts, county courts, superior courts and city/town courts a. Two types a.i. Trial Courts a.ii. Appellate Courts – include Court of Appeals and a Supreme Court 66. Prosecutor (Attorney employment by the government) – usually the first legally trained individual to examine the facts of a criminal charge and determine whether to charge the suspect with crime a. Professional reputation is usually measured by the number of convictions he or she secures while in office 67. Plea Bargain – majority of cases are resolved by plea bargain…. know what percent of cases plea bargain and why a. Avoid expensive court trials b. Avoid uncertainty of jury trial b.i. In most cases defendant agrees to plead guilty for lesser charge and reduced sentence b.ii. High case loads and limited resources force prosecutors to dispense with much of their caseload through plea bargaining 68.
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