1 2 3 4 5 6 7 8 9 Amendments 1 10 of the US Constitution Freedom of Speech Press Religion and Petition Protects the freedom of religion speech and the press as well as the right to assemble and petition the government Right to keep and bear arms Conditions for quarters of soliders prohibits the forced quartering of soldiers at war time Right of search and seizure regulation prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause Provisions concerning prosecution sets out rules for indictment by a grand jury and eminent domain protects the right to due process and prohibits self incrimination and double jeopardy Right to a speedy trial witnesses etc protects the right to a fair and speedy public trial by jury including the rights to be notified of the accusations to confront the accuser to obtain witnessess and to retain counsel Right to a trial by jury provides for the right to trial by jury in certain civil cases according to civil law punishment the people Excessive bail cruel punishment prohibits excessive fines bail as well as cruel and unusual Rule of construction of Constitution Asserts the existence of unenumerate rights retained by 10 Rights of the States under the Constitution Limits the powers of the federal government to those delegated to it by the Constitution Approaches to Law I DONT KNOW WHAT THESE ARE a psychological approach b sociological approach maintains that crime results from social or cul tural forces that are external to an specific individual exist prior to any criminal act and amerge from social class political ecological or physical structures affecting large groups of people c anthropological approach d philosophical approach Crime Control Model sizes the efficient detection of suspects and the effective prosecution of defendants to ulti mately reduce and deter crime seeks the apprehension and punishment of lawbreakers Empha 1 2 3 4 Due Process Model suspects from possible abuses by the police and law enforcement system places primary value on the protection of citizens including criminal Sentencing Viewpoints I THINK The first choice rights of individuals vs the common good The second choice Equality v discretion The third choice To discover the truth or to resolve conflicts The fourth choice science v the law as source of decisions Principle of Proportionality the punishment should be consistently related to the magni tude of the offense More serious wrongdoing should earn more severe penalties Plea bargaining statistics Amicus Curiae friend of the court When the American Psychological Association APA prepares a supporting brief or written document for consideration by an appellate court provide the courts with information from psychological science and practice relevant to the issues in the particular case Stare Decisis let the decision stand reflects the importance of abiding by previous de cisions cases serving as precedents Daubert v Merrell Dow Pharmaceuticals Inc 1993 case that indicated that judges decisions about the admissibility of expert testimony based on scientific knowledge must turn on the validity of the science in question Judges are supposed to function as gate keepers who must evaluate potential expert testimony by the standards of science Daubert listed four factors that judges should consider in assessing the admissibility and validity of the ex pert s testimony whether the expert s theory or technique can be and has been tested a concept known as falsibility whether it has been evaluated by peer review the reliability and error rate of the claims the extent to which the expert s techniques and claims have been generally accepted by the relevant scientific community Types of trials Adversarial system American legal procedures exhibits evidence and witnesses are assembled by one of two sides to convince the fact finder that their side s the truthful one argument v argu ment let the best argument win Inquisitorial System Judge has more control over the proceedings acts as an inquisitor asks questions used in Europe but not GB Alternative Dispute Resolution not trials but might be good to know Arbitration binding or non binding bears close resemblance to trial Two parties agree to to accept the decision of an arbitrator 3rd party Summary Jury Trail much like a conventional jury trial though shorter A jury is empan elled and the lawyers tell the jurors what the witnesses would say if they were present The lawyers argue the case and try to answer the jurors questions about the facts The judge tells the jury what the law is and tries to answer jurors questions about the law The jurors then deliberate and de cide the case but the verdict does not bind the parties Mediation both parties work for a mutual solution to avoid trial Black letter law things that are definitely legal law as set down by our founding fathers in the constitution as written by legislators as to be interpreted by judges Federal Appeals courts FEDERAL COURTS DEAL WITH crimes on a national scale Federal courts have jurisdiction over cases arising under the Constitution or laws of the United Sates but tupically do not have jurisdiction over cases arising under state law unless the plaintiff and defendant are from different states FEDERAL APPELLATE COURTS are called the United States courts of appeals divided into geographical circuits 1 in D C 11 for the rest of the country and a circuit for appeals from federal agencies The federal circuit Appeals are assigned to three judge panels where the judges examine the record read the briefs and listen to the oral argument before voting The panel decides the case by majority vote and one of the judges writes an opinion explaining why the court decided as it did The opinion is sent to the parties and published in bound volumes Problem solving courts combine the justice system with treatment oriented principles to address underlying cases of antisocial behavior The premise of problem solving courts is that the legal system should help troubled individuals cope with the problems that brought them to court Drug Courts Mental Health Courts Homeless Courts etc Gideon v Wainwright 1963 case in which the Supreme Court held that the State of Flor ida was obligated to pay for a lawyer for Clarence Earl Gideon a small town thief who lived on the fringes of society States responded to the Gideon case by appointing and paying lawyers to represent indigent defendants on a case