CRJU 101 1st Edition Lecture 8 Outline of Last Lecture I Police and The Law Outline of Current Lecture II Interrogations and Suspect Rights a 5th Amendment b Inevitable Discovery Exception c Public Safety Exception III Basic Principles of the American Judicial System IV State Court Systems a Trial Courts b Limited Jurisdiction Courts c General Jurisdiction Courts d Appellate Courts V Federal Court Systems a US Magistrate Courts b US District Courts c US Court of Appeals d US Supreme Court Current Lecture Interrogations and Suspect Rights 5th Amendment protection against self incrimination Miranda v Arizona 1966 he was charged with rape and kidnapping of a 15 year old girl Went to US supreme court suspect must be clearly informed of their right to remain silent USSC Placed limitations to excessive interrogation o Miranda Warnings pg 86 o Have to mirandize you before they start asking any questions once you have been arrested and or detained Waiver of Rights o knowing and intelligent to waive your rights Can t be under the influence or poor mental state Has to be a written statement in their own statement 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 Inevitable Discovery Exception o They would have fond the body eventually without his statements Public Safety Exception o Guy rapes a girl with a gun Goes into grocery store and stashes the gun The police in fear of public safety ask him where the gun was and he told them Gun was still admissible in court because the potential harm of a child getting a hold of the weapon supersedes the right to mirandize suspect before questioning him Chapter 7 The Court System Basic Principles of the American Judicial System Is there really one American judicial system o 51 separate systems o 50 states o Federal system What law you violate determines what court processes you All of these courts have different rules Pass the bar in each state because every state has their own system Jurisdiction power to speak the law o Over the people or the subject matter o Limited by geography and type of crime Two types of courts 1 Trial courts 2 Appellate courts State Court Systems Trial Courts o Where cases begin o Arraignment bail pleas trials Limited Jurisdiction Courts o Lower courts o Less formal o Misdemeanors traffic violations o Bench trials o Decision Model General Jurisdiction Courts o High courts circuit courts o Can hear any criminal case o Procedural Model o Fact finding framework Appellate Courts o People appeal decisions of the lower courts o Higher courts review actions of lower courts Improper action of the court What statements were made Evidence allowed in o High level appellate court State supreme court Courts of Last Resort o What if you are still not satisfied You can take it to the US Supreme court Federal Court System US Magistrate Courts o Courts of limited jurisdiction o Try lesser misdemeanors o Set bail o Assist district courts US District Courts o Trial courts of federal system o 94 federal judicial courts organized in 13 circuits 12 regions federal o Almost 650 judges in district courts o Appointed by President for life o Salary 150 000 160 000 US Courts of Appeals o Each federal circuit has 1 court of appeals o 6 judges on each court of appeals 179 judges in total o Appointed by the President for life o Salary 170 000 o HAVE to hear ALL appeals from district courts in their circuit o Three categories of appeals 1 Frivolous take the least amount of time 2 Ritualistic take a little bit of time 3 Nonconsensual real legal matter at stake takes a really long time o Caseloads for judges increases dramatically and they don t have the time to process them in a timely manner US Supreme Court o The highest court in the American judicial system o Located in Washington DC o 9 judges one is the chief justice John Roberts is the current one o Final interpreter of the US Constitution o What cases does the USSC hear No absolute right to appeal to USSC Over 10 000 cases filed each year Those involving a substantial federal question o Decisions rendered Rarely unanimous