court are prepared and submitted along with written and generally oral

Court are prepared and submitted along with written

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court are prepared and submitted along with written and generally oral arguments from both sides. State Supreme Courts-state court of last resort o State Supreme courts usually hear the majority of appeals on a discretionary basis, similar to SCOTUS. If the state lacks a COA, then the state supreme court is required to hear all properly filed appeals. The state supreme court may elect to pull a case from the COA if it involves a significant legal issue. Generally, the losing party at the state supreme court level is out of options unless they are able to identify a legal issue that involves the U.S. Constitution and their cases si accepted by SCOTUS. Defendants who lose at the state level may also file a “writ of habeas corpus” in federal district court. CRIM211 September 10 Key Terms Personal Jurisdiction o Authority of court over defendant Subject Matter Jurisdiction o Authority of court to hear a particular type of case Venue o Authority of the court to hear a case based on the geographic boundaries where the incident in question occurred Court Actors Judge o Presides over pre-trial, trial & sentencing phases of case
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Prosecutor: o represent the government and is the part responsible for deciding whether a defendant is to be charged with a crime and what that crime is (prosecutorial discretion) Defense Attorney o Represents the defendant “zealously” without regard for client’s guilt or innocence Jurors o Listen to evidence presented at trial and determine defendant’s guilt or innocence and in some cases the sentence Bailiff o Person usually charged with maintaining order in the courtroom- generally law enforcement. In Lancaster County they are referred to at Court Officers and the Bailiff is the person responsible for maintaining the Judge’s court calendar Court Reporter o Records all court proceedings and may produce transcript of events when requested Court Clerk o Maintains record of all cases; prepares jury pool & issues summonses for jury duty; issues subpoenas for witnesses to testify in court Expert Witness o Generally used to produce scientific/complicated forms of evidence or provide specialized knowledge for the judge/jury to assist in reaching a verdict. Because of their specialized knowledge, an expert may be allowed to offer an opinion. Lay Witness o Called to testify about what they know about the matter in question and who possess no specialized knowledge and generally are no allowed to offer opinions Stop and Frisk and other Brief Detentions PA vs. Mimms (1977): heald that police could require stopped motorist to leave his car, stating that requiring exit is a legitimate safety measure, in view of the large number of shootings of law enforcement committed by seat drivers SCOTUS relied on the fact that, given stop itself was allowable; requiring driver to get out was an additional intrusion that can only be described as de minimus Not clear how long a stop can be or how intrusive investigation can be before it turns into an arrest requiring PC. Stop must be reasonable and no
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  • Spring '14
  • criminal law, Supreme Court of the United States, Fourth Amendment to the United States Constitution, Trial court

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