Chapter 6
Constitutions Article III Requirement
Federal courts may decide select "cases or controversies"
A case may be denied because it is not __ because appeals in lower courts or other agencies have not been exhausted
In civil suits defendants are held "liable" under the less rigorous "____" standard.
"preponderance of the evidence"
Crime Control Model
associated with the thinking of police and prosecutors, presumes guilt & favors swift prosecution
Eighth Amendment
prohibit "excessive" bails/fines; prohibit "cruel" & "unusual" punishments
This procedure is used in federal and state courts to manage their dockets and decide whether litigants have standing to bring legal claims.
Federal Rules of Civil Procedure
What is the Political Question Doctrine?
This doctrine limits a court's jurisdiction by removing political disputes from judicial consideration
The Stages of Trial and the Presentation of Evidence. (in order)
1. jury selection
2. opening statements
3. direct examination
4. cross examination
5. re-direct examination
6. closing arguments
7. jury instructions
8. jury deliberation
9. verdict
Due Process Model
focuses on achieving fairness through the imposition of formal rules; presumption of innoncence
Fourteenth Amendment
prohibit deprivation of "privelegs/immunities"; right ot "equal protection"; right to "due process"
What are Discretionary doctrines?
Barriers that allow courts to excercise restraint and deny access to cases not deemed "fit" for resolution
What are organized interests?
Groups that seek objectives through political action
criminal prosecutions are __ and civil prosecutions are __
"public" "private"
Fourth Amendment
prohibits "unreasonable" searches and seizures; requires warrant based on "probable cause"
Criminal law defines culpability by defining the __ & __ of offenders
"intent" and "conduct"
3 requirements of standing
1. injury
2. Causation
3. redressability
List some criticisms of the adversarial process in the criminal justice system
2. lawyers are greedy and judges are insensitive
The Adversarial Model
Pits prosecutors against public defenders or private attorneys in a trial ending with a judge and/or jury verdict. Judges play a passive role.
Fifth Amendment
prohibits "Double Jeopardy"; privilege against self-incrimination; right to due process
A preliminary hearing is held to determine:
whether there is probable cause to charge the accused.
A case may be dismissed as __ if the factual basis for the dispute has changed.
Moot
"Beyond a resonable doubt"
The Inquisitorial Model
In civil law jurisdictions, the judge conducts a judicial inquiry and extensive non-partisan pre-trial investigations of the facts.
Sixth Amendment
right to a speedy and public trial; informed of charges; confront accusers
What are Arraignments
Signals that the prosecution intends to pursue a case to trial, and defendants are formally charged and asked to enter a plea