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UW-Milwaukee CRMJST 275 - Criminal Acts and the Federal and State Court Systems

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Crm Jst 275 1st Edition Lecture 6Current LectureI. Criminal ActsII. Crimes Against the Persona. Murderi. 1st degreeii. 2nd degreeiii. Felony murderb. Manslaughteri. Voluntary ii. Involuntary – level of intentiii. Negligent manslaughterc. Raped. Aggravated assaulte. Robbery III. Crimes Against Propertya. Arsonb. Burglaryc. Larceny-theftIV. Crimes Against Public Order and Moralitya. Public orderi. Disorderly conduct, panhandling, loiteringb. Moralityi. Adultery, prostitution, obscenity, drug possession These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Ch. 4-The Federal and State Court SystemsI. Jurisdictiona. Legal authority to hear a casei. By statute or constitutional lawb. Four typesi. Personal (citizen of area)ii. Subject matter (types of cases)iii. Geographic (aka venue)iv. Hierarchical (division of responsibility)1. Original and appellate2. Limited and generala. General: can hear various typesb. Limited: by decree – certain typesc. Original: hear case initially i. Determines guiltd. Appellate: review of decision of lower courti. Does not determine guiltII. Structure of Jurisdiction of U.S. Courtsa. Dual court systemi. 50 state systems1. Each state own system, laws, division of jurisdictionii. One federal system1. Over federal cases, between states, between citizen and stateIII. History of Federal Courtsa. Article III of the U.S. Constitutioni. Established US Supreme Court, ability to create lowerb. Judiciary Act of 1789i. SCOTUS, 3 circuit courts, 13 district courts (Article III courts)ii. Compromise: limited federal jurisdictionc. Court of Appeals Act of 1981i. Mid-level appellate courts createdIV. Federal Courtsa. 3 Tiers 1. SCOTUS2. Intermediate Courts3. District Courtsb. Increase in number of federal casesi. Increase in legislationii. Cases heard: US as a party, violations of Constitution, diversity jurisdiction, cross jurisdictioniii. War on Drugs and case loadsV. District Courtsa. Original jurisdiction. Limited jurisdictioni. Cases in violation of federal lawii. Majority: civil casesb. Appellate jurisdictioni. Habeas petitionsii. Non-Article III courts (mandatory docket)c. Today: 94 districtsi. 1+ district per state ii. 680 court judgesd. Magistrate judges (1968 congress)i. Preliminary proceedings and warrants: felonyii. Misdemeanor trialsVI. U.S. Court of Appealsa. Federal Appellate Courtsi. 13 circuits: 11 for states, 1 D.C., 1 federalii. 179 judges - # in circuit veryb. Appellate jurisdiction (criminal and civil)i. Mandatory docket (district courts)ii. Appeals from districts within circuitc. Typical hearing = 3 judge paneli. Read arguments, hear oral argumentsii. Conflicting decision on panel  en banc (entire circuit)VII. SCOTUSa. Appellate jurisdictioni. Court of last resortii. Discretionary docket (hear less than 1%)b. Few: original jurisdictioni. Suits between states, US vs. Statec. Three Disputes to resolve:i. Between statesii. Conflicting opinions of lower courtsiii. Constitutional questionsd. 9 justices (1 chief, 8 associate)e. How does a case get heard by SCOTUS?i. 1. Petitionii. 2. Writ of certiorari: “send record up”iii. Rule of 4 – at least 4 justices have to say they’ll hear a caseiv. If denied doesn’t imply a rulingv. 3. Briefs filed, transcripts given, oral arguments VIII. Wisconsin has 2 districts (Eastern/Western), in Circuit 7 (consists of Wisconsin, Illinois, and


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UW-Milwaukee CRMJST 275 - Criminal Acts and the Federal and State Court Systems

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