Michelle PalaroCJUS 2360Fall 2015

A Foundation for Understanding Constitutional Law

Chapter 2An Overview of the U.S. Legal

System

Theories About the Legal System Throughout history, law has regulated

human interactions for different reasons:o Protect society’s interestso Deter antisocial behavioro Enforce moral beliefso Uphold individual rightso Support those in powero Punish lawbreakerso Seek retribution for wrongdoing

Purpose of Law: Dominant Theories

Consensus Theory (Plato and Aristotle)o Holds that individuals in a society agree on

basic values, on what is inherently right and wrong, and that laws express these values

o Social contract exists where individuals agree to give up a portion of their individual freedom to benefit the security of the group

Conflict Theory (Karl Marx)o Holds that laws are established to keep the

dominant class in powero Explains how laws protect the interests and

values of the dominant groups in society

Purpose of the Criminal Justice System: Two Competing Models

Purpose of criminal justice system often discussed in terms of the Crime Control Model and the Due Process Model 

1. The Crime Control Model: o Emphasizes the repression of criminal conduct.o Criminal justice system must bring criminal behavior

under tight control.

2.  The Due Process Model: o Emphasizes the rights of the individualo Rests on the presumption of innocenceo Individual rights are not to be sacrificed for the sake of

efficiency

The Challenge: Balancing Individual and Societal Rights

The basic purpose of the legal system is:o To ensure fairness in balancing

individual and society rights and needs, while preventing excessive government power

Scales of justice represent keeping individual and societal needs in balance

Development of the Law Early English judge-made law, based on custom

and tradition that was followed throughout the country is known as Common Law

Royal judges traveled through territories to apply a broader or national norm as cases were decided. Law became more common throughout the country

It is synonymous in American law with case law - based on previous cases

Development of the Law Common law depends heavily on

precedent (prior cases) and the doctrine of stare decisiso Latin for “let the decision stand”o Requires that decisions in one case

shall be followed in all later cases having the same or similar circumstances

o This ensures consistency in the law

The Continuing Need for Law

The purpose of the Constitution remains to ensure individual liberty by limiting government power

The law itself controls government by restricting how and when government can and cannot interfere with citizen’s lives

U.S. Law Lives Human nature dictates that different

needs are perceived at different timeso Effective law should be flexible enough

to respond to these changes American law is referred to as a living law,

because it is not stagnanto It can change, expand or rescinded

(repeal) to serve the overall system

Categorizing Law Statutory law - laws set by legislatures

or governing bodies having jurisdiction to make such lawo Statutory law can be referred as codified lawo Codified law - law specifically set forth in

organized, structured codes such as the US criminal code, state statutes, or local ordinances

o Ordinances - laws or codes established at the local level (the municipal or county level)

No statutory law can violate the Constitution

Categorizing Law, cont’d Who is the victim? Is it a public wrong

(criminal) or a private wrong (civil)?

The victim in criminal law is the community, because it disrupts the community. Society’s welfare has been violatedo This is why the government’s name,

representing the people, versus the defendant appears on court docket• Ex. US v. Smith, State of Florida v.

Smith

Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)

Brief video on case:

Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), cont’d

Facts: Marbury was designated as a justice of the peace in DC in the last days of John Adams's presidency, but these last-minute appointments were never fully finalized. He invoked an act of Congress and sued for his job in the Supreme Court

Issues: Is the Supreme Court the place for Marbury to get the relief he requests?

Holding: The Constitution was "the fundamental and paramount law of the nation" and that "an act of the legislature repugnant to the constitution is void." In other words, when the Constitution--the nation's highest law--conflicts with an act of the legislature, that act is invalid

This case establishes the Supreme Court's power of judicial review

Categorizing Law Crimes- Acts defined by federal or state

statute or local ordinance that are punishable; wrongs against the government and the people it serves• Ex. murder, rape, robbery, etc.• “Penal codes” – listing of criminal codes or

laws Tort- Civil wrong by one individual against

another• Ex. child support, eviction, divorce, class

action lawsuits• Ex. Plaintiff v. Defendant (Smith v. Jones)

Overlap Sometimes there is overlap of

criminal and civil lawo A drunk driver causes a crash and hurts

an individual o Is this criminal or civil?• It can be both - Can be guilty of DUI (crime)

and be held civilly liable for the injuries caused to others by the tort committed• The government would pursue criminal

charges• The victim would file a lawsuit in pursuit of

damages for medical bills or car repair

Researching the Law A legal citation is a standardized way of referring to

a specific element in the law It has three basic parts:

o A volume numbero An abbreviation for the titleo A page or section number

For example, the official cite for the Miranda case is Miranda v. Arizona, 384 U.S. 436 (1966)

Sometimes additional cites, known as string cites (parallel citations), are giveno A string cite for this case would be Miranda v,

Arizona, 384 U.S. 436, 86 S.Ct 1502, 16 L.Ed. 694 (1966)

Reading Case Law A legal opinion usually contains:

o A description of the factso A statement of the legal issues presentedo The relevant rules of lawo The holdingo The policies and reasons that support the

holding The holding of the case is the rule of law applied

to the particular facts of the case and the actual decision

A court may affirm (support), reverse (overturn), or remand (return the case to the lower court)

Briefing a Case A case brief is an outline of a legal

case that contains:o The case name and citationo A summary of key factso The legal issues involvedo The court’s decisiono The reason for that decisiono Any separate opinions or dissents

Shepardizing Shepardizing a case involves using

Shepard’s Citations This is a reference that tracks cases so

legal researchers can easily determine whether the original holding has been changed through any appeals

Relying on a case that has been overturned or otherwise rendered invalid could prove disastrous for the attorney and their client

The Court System The court has two main functions:

o Settle controversies between partieso To decide the rules of law that apply in the

specific case Article III of the U.S. Constitution established the

federal judicial system The types of cases a court can hear depend upon

its jurisdiction:o The authority of a legislative body to establish a

law or a court to hear caseo The authority a law has over a specific group of

people

Minnesota v. Carter, 525 U.S. 83 (1998)

Facts: Carter, Johns, and Thompson were arrested after a police officer observed them through a window bagging cocaine in Thompson's apartment

Issue: Under the Fourth Amendment, do household visitors have the same protection against unreasonable searches and seizures as do residents or overnight social guests?

Holding: No Rationale: People who visit someone's home for

a short time do not have the same protection against unreasonable police searches and seizures as do the residents or their overnight guests

Rakas v. Illinois, 439 U.S. 128 (1978)

Brief video on case:

Rakas v. Illinois, 439 U.S. 128 (1978), cont’d

Facts: Passengers in a car attempted to suppress shotgun shells found in the car

Issue: “[W]hether standing [can] be established in the absence of ownership of the property seized”

Holding: No Rationale: The Court did not accept the “target”

theory, and reaffirmed Jones v. United States. The petitioners had no standing and no “legally sufficient interest in a place other than his own home.” The petitioners “could [not] legitimately expect privacy in the areas which were the subject of the search and seizure each sought to contest”

Goldwater v. Carter, 444 U.S. 996 (1979)

Facts: President Jimmy Carter acted without congressional approval in ending a defense treaty with Taiwan

Issue: Did Congress have a constitutional role to play in the termination of the treaty?

Holding: The case was not proper for the Court to consider

Rationale: The majority believed that the issue involved a political question, namely, how the President and Congress would conduct the nation's foreign affairs

Two-Tiered Court System The US judicial system is two-tiered,

consisting of state and federal court systems

At either tier, there are three levels:1. Lower court (trial court)2. Appellate court3. Court of last resort (Supreme court)

These levels exist to assure that if either side thinks procedural rules were violated, they can appeal the case to a higher court

Officers of the Court Judges Lawyers Clerks of the court Sheriffs Marshals Bailiffs

3 Doctrines that Govern What Cases Will be Heard

Standingo Having an actual interest in the matter of

dispute Mootness

o Exists when the issues that gave rise to a case have either been resolved or have disappeared

Ripenesso When a case comes to court too soono Courts cannot get prematurely involved in a

case that can be resolved through other means

Components of the U.S. Legal System

The courts are only one component of the American system of justice

There are also law enforcement and the correctional systems

Law enforcement officers are known as the “gatekeepers” of the criminal justice system

Correctional officials handle the offenders after a court renders that they are guilty of a crime

The juvenile justice system is also composed of the courts, law enforcement and corrections, though some of the guiding principles and rules are different