What are the double jeopardy laws in utah
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Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
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Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
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One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
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Differences betweenCivil and Criminal Law in the USA Copyright.docx
Differences between
Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
Punishment
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
Criminal law
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.
Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and
had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.
One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.
Effect of punishment
The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice,.
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U.S. Department of JusticeNational Institute of Correction.docx
U.S. Department of Justice
National Institute of Corrections
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CIVIL LIABILITIES
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
U.S. Department of Justice
National Institute of Corrections
320 First Street, NW
Washington, DC 20534
Morris L. Thigpen
Director
Thomas J. Beauclair
Deputy Director
George Keiser
Chief, Community Corrections Division
Dorothy Faust
Project Manager
National Institute of Corrections
www.nicic.gov
Civil liabilities
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
Phillip Lyons
Todd Jermstad
NIC Accession No. 027037
March 2013
This document was developed under cooperative agreement number 08C77G7U3 from the National Institute of
Corrections, U.S. Department of Justice. Points of view or opinions in this document are those of the authors and
do not necessarily represent the official opinion or policies of the U.S. Department of Justice.
Contents
Chapter 1. An Overview of State and Federal Legal Liabilities ..................................... 1
Chapter 2. Civil Liability Under State Law: State Tort Cases ..................................... 13
Chapter 3. Civil Liability Under Federal Law: § 1983 Cases ...................................... 27
Chapter 4. Legal Representation, Attorneys’ Fees, and Indemnification .................... 39
Chapter 5. Presentence and Preparole Investigations and Reports ........................... 55
Chapter 6. Supervision ........................................................................................... 81
Chapter 7. Conditions, Modifications, and Changes in Status ................................. 113
Chapter 8. Revocation .......................................................................................... 155
Chapter 9. Emerging Trends Concerning Liability of Probation and Parole
Officers for Supervision ........................................................................ 185
Chapter 10. Vicarious Liability .............................................................................. 203
Chapter 11. Direct Liability for Supervisors ............................................................ 215
Chapter 12. Agency Liability for Acts of Supervisors .............................................. 239
Chapter 13. The Nature of Inmates’ Rights ............................................................ 247
Chapter 14. Inmates’ Rights at Parole Release Hearings ....................................... 257
Chapter 15. Liability of Parole Officials for Crimes Committed by
Released Offenders ............................................................................ 275
Chapter 16. Immunity for Parole Board Officials ..................................................... 285
Chapter 17. Questions, Specific Concerns, and General Advice .............................. 291
iii
CHA ...
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Differences betweenCivil and Criminal Law in the USA Copyright.docx
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Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
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Differences betweenCivil and Criminal Law in the USA Copyright.docx
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Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
Punishment
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
Criminal law
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.
Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and
had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.
One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.
Effect of punishment
The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice,.
4 Principles of Criminal Responsibility
To get a real understanding of the nature of crime and criminal responsibility in Utah, you need to know the principles that underlie these concepts. Read this blog to learn more.
https://wasatchdefenselawyers.com/4-principles-of-criminal-responsibility/
U.S. Department of JusticeNational Institute of Correction.docx
U.S. Department of Justice
National Institute of Corrections
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CIVIL LIABILITIES
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
U.S. Department of Justice
National Institute of Corrections
320 First Street, NW
Washington, DC 20534
Morris L. Thigpen
Director
Thomas J. Beauclair
Deputy Director
George Keiser
Chief, Community Corrections Division
Dorothy Faust
Project Manager
National Institute of Corrections
www.nicic.gov
Civil liabilities
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
Phillip Lyons
Todd Jermstad
NIC Accession No. 027037
March 2013
This document was developed under cooperative agreement number 08C77G7U3 from the National Institute of
Corrections, U.S. Department of Justice. Points of view or opinions in this document are those of the authors and
do not necessarily represent the official opinion or policies of the U.S. Department of Justice.
Contents
Chapter 1. An Overview of State and Federal Legal Liabilities ..................................... 1
Chapter 2. Civil Liability Under State Law: State Tort Cases ..................................... 13
Chapter 3. Civil Liability Under Federal Law: § 1983 Cases ...................................... 27
Chapter 4. Legal Representation, Attorneys’ Fees, and Indemnification .................... 39
Chapter 5. Presentence and Preparole Investigations and Reports ........................... 55
Chapter 6. Supervision ........................................................................................... 81
Chapter 7. Conditions, Modifications, and Changes in Status ................................. 113
Chapter 8. Revocation .......................................................................................... 155
Chapter 9. Emerging Trends Concerning Liability of Probation and Parole
Officers for Supervision ........................................................................ 185
Chapter 10. Vicarious Liability .............................................................................. 203
Chapter 11. Direct Liability for Supervisors ............................................................ 215
Chapter 12. Agency Liability for Acts of Supervisors .............................................. 239
Chapter 13. The Nature of Inmates’ Rights ............................................................ 247
Chapter 14. Inmates’ Rights at Parole Release Hearings ....................................... 257
Chapter 15. Liability of Parole Officials for Crimes Committed by
Released Offenders ............................................................................ 275
Chapter 16. Immunity for Parole Board Officials ..................................................... 285
Chapter 17. Questions, Specific Concerns, and General Advice .............................. 291
iii
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U.S. Department of JusticeNational Institute of Correction
U.S. Department of Justice
National Institute of Corrections
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INSTITUTE OF C
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CIVIL LIABILITIES
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
U.S. Department of Justice
National Institute of Corrections
320 First Street, NW
Washington, DC 20534
Morris L. Thigpen
Director
Thomas J. Beauclair
Deputy Director
George Keiser
Chief, Community Corrections Division
Dorothy Faust
Project Manager
National Institute of Corrections
www.nicic.gov
Civil liabilities
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
Phillip Lyons
Todd Jermstad
NIC Accession No. 027037
March 2013
This document was developed under cooperative agreement number 08C77G7U3 from the National Institute of
Corrections, U.S. Department of Justice. Points of view or opinions in this document are those of the authors and
do not necessarily represent the official opinion or policies of the U.S. Department of Justice.
Contents
Chapter 1. An Overview of State and Federal Legal Liabilities ..................................... 1
Chapter 2. Civil Liability Under State Law: State Tort Cases ..................................... 13
Chapter 3. Civil Liability Under Federal Law: § 1983 Cases ...................................... 27
Chapter 4. Legal Representation, Attorneys’ Fees, and Indemnification .................... 39
Chapter 5. Presentence and Preparole Investigations and Reports ........................... 55
Chapter 6. Supervision ........................................................................................... 81
Chapter 7. Conditions, Modifications, and Changes in Status ................................. 113
Chapter 8. Revocation .......................................................................................... 155
Chapter 9. Emerging Trends Concerning Liability of Probation and Parole
Officers for Supervision ........................................................................ 185
Chapter 10. Vicarious Liability .............................................................................. 203
Chapter 11. Direct Liability for Supervisors ............................................................ 215
Chapter 12. Agency Liability for Acts of Supervisors .............................................. 239
Chapter 13. The Nature of Inmates’ Rights ............................................................ 247
Chapter 14. Inmates’ Rights at Parole Release Hearings ....................................... 257
Chapter 15. Liability of Parole Officials for Crimes Committed by
Released Offenders ............................................................................ 275
Chapter 16. Immunity for Parole Board Officials ..................................................... 285
Chapter 17. Questions, Specific Concerns, and General Advice .............................. 291
iii
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Federal criminal law.pdf
Federal criminal law
Introduction
The criminal laws of the United States are the fundamental law that regulates behavior. These laws cover crimes in both federal and state court systems. Both sets of criminal laws seek to protect individuals from harm by making it illegal to do certain things, such as murder or assault someone else. The U.S. Constitution establishes limits on how much power each level of government may exercise, requiring Congress to pass laws before authorizing action within its jurisdiction and other limitations on state powers.
Federal criminal law is the body of criminal law in the United States that deals with activity taking place on federal property or with conduct that substantially affects interstate commerce.
Federal criminal law is the body of criminal law in the United States that deals with activity taking place on federal property or with conduct that substantially affects interstate commerce. The federal government has jurisdiction over certain areas because of the U.S. Constitution and the 10th Amendment, which states that powers not granted to the federal government are reserved for individual states and their citizens; this includes crimes like murder, drug trafficking, arson, fraud and theft (or embezzlement).
If you're charged with a crime under federal authority—for example if you're accused of committing arson while living near a forested area—you'll need an attorney who understands how these laws work so they can help you beat charges against you!
291CHAPTER 9 Chapter OutlineIntroductionDouble Jeopard.docx
291
CHAPTER 9 Chapter Outline
Introduction
Double Jeopardy
Self-Incrimination and Immunity
Due Process and Equal Protection
Vagueness and Overbreadth
Analyzing Constitutional Claims
Ex Post Facto and Bills of Attainder
First Amendment and Religion
First Amendment and Speech
Privacy and Other Unenumerated Rights
Privileges and Immunities
Ethical Considerations: Are Federal
Prosecutors Subject to State Ethics
Rules?
Chapter Objectives
After completing this chapter, you should
be able to:
• identify and describe specific rights
discussed in the chapter, such as
freedom from double jeopardy, to
speak, to practice one’s religion, from
the establishment of a religion by
the government, to privacy, to be
treated equally, and to substantive
and procedural due process.
• identify and explain the landmark
Supreme Court cases featured in
the chapter.
• apply the basic principles learned in
the chapter to fact scenarios.
• identify the material facts and legal
issues in two-thirds of the cases you
read, and describe the court’s analyses
and conclusions in these cases.
ConsTiTuTionAl
DEfEnsEs
9781305686120, Criminal Law and Procedure, Seventh Edition, Hall - © Cengage Learning. All rights reserved. No distribution allowed without express authorization.
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292 Part i Criminal Law
IntroductIon
By its nature, a constitutional right is also a constitutional defense. After all, a right is
something that may be asserted by person without suffering reprisal from the govern-
ment. Inherently, a right stands as a limit on government. So, when a government inter-
feres with speech, one defense may be the protection of speech itself. A variety of defenses
arise from rights secured by the U.S. Constitution. Most of these rights are found in the
first nine, as well as the Thirteenth, Fourteenth, and Fifteenth Amendments. You have
already learned a few of these, such as the First Amendment’s protection of expression. In
addition, many rights that are procedural, such as the right to a speedy trial, are discussed
later. A few critical defenses have been chosen for discussion in this chapter. The big dogs
of criminal procedure, the Fourth, Fifth, and Sixth Amendments, are not examined in
this chapter because they receive considerable attention in the chapters that follow.
Be aware that each state has its own constitution, which may provide greater
protection than the U.S. Constitution. During this discussion you may want to refer
to the U.S. Constitution, which is reprinted as Appendix A of this text.
double Jeopardy
The Fifth Amendment to the U.S. Constitution provides that “no person shall be
subject for the same offense to be twice put in jeopardy of life or limb.” The principle
of not punishing someone twice for the same act can be found as far back as Black-
stone’s Commentaries in the 1700s.1 The Double Jeopardy Clause applies only to
criminal proceedings.
There are actual.
150 words replay to each questionsQ 1. Discuss the prim.docx
150 words replay to each questions
Q 1.
Discuss the primary differences between civil litigation and criminal prosecution
.
The main differences between the two listed above is that civil litigation is a civilian case that involves the courts, but the Plaintiff is requesting the courts to provide some type remedy for their suffering or type of pain. (Storm, 2012) Think of it as I want money for what this person just put me through. In Civil litigation the Plaintiff is the injured party suing the Defendant. (Storm, 2012)
As for Criminal prosecution is legal action brought on by the state or federal government. (Storm, 2012) Easy way to think of it is you’ve committed a crime at the State/Federal level, and they are charging you with a crime. In criminal prosecution the Government is the plaintiff and the defendant are the ones that has committed the so-called crime or broken the criminal statute of sed Government.
Why are criminal defendants given more rights than civil litigants? Provide some examples of the rights afforded to criminal defendants.
Criminal Defendants are afforded more right because of the act they’ve committed can be considered breaking a law/statute and the state is taking action on behalf of the people. A criminal defendant will have the right to defend his/hers rights because the constitution allows him to in many different ways. (Storm, 2012) First we have Article 1, Section 10 which protects the Criminal Defendants from Ex post facto laws and Bills of Attainder. Fourth, Fifth, Sixth, eighth, Fourteenth Amendment Rights followed by Federal and State Constitutional rights in Court. (Larson, 2018)
Ex post facto law is a law that is passed because of a crime so that the government can prosecute sed person later. (Larson, 2018) An essay example of the above is talked about in the lesson if murder is defined as any living human being born alive and change the law to included unborn fetus, while on trial is consider breaking the above law.
Bills of Attainder is when the Legislative branch of the government punishes the defendant without a trial. (Storm, 2012) Is easy to comprehend let’s say I’m part of a political party but some statue is passed preventing me from being hired because of sed statue makes it the above law.
Fourth amendment protects us from unreasonable search and seizure and warrant requirements. (Larson, 2018) The Amendment protects you from evidence that was collected illegally of by means without a search warrant when one was required. Perfect example of this is the New England Patriots Owner has been implicated in a charge but with everything I’ve heard the warrant used was not legal to the extent that the local police unit used Hence a lot of the evidence may not be used.
Fifth Amendment protects you from Double Jeopardy, the right to remain silent, Due process of law and Miranda rights. (Storm, 2012) (Larson, 2018)
Sixth amendment controls the rolls of Criminal Prosecutions that affo.
Hawaii - Equal Justice Under The Law - Office Of The Public Defender - Advoca...
Hawaii - Equal Justice Under The Law - Office Of The Public Defender - Advoca...Clifton M. Hasegawa & Associates, LLC
The Law is a mighty machine. Woe to the unfortunate man who, wholly or in part innocent, becomes entangled in its mighty wheels, unless his innocence is patent or his rescue planned and executed by able counsel. The machine will grind on relentlessly and ruthlessly, and blindfolded justice does not see that the grist is sometimes stained with blood.
- Edward Johnes, Esq.CRIM 1150 Introduction To Criminology.docx
The document discusses several key topics in criminology:
1. It compares and contrasts different methods of collecting crime statistics such as the UCR, GSS, and self-report studies.
2. It outlines some of the key impacts of the Canadian Charter of Rights and Freedoms on the criminal justice system, including greater legal protections for accused individuals.
3. It describes the division of criminal justice powers between the federal and provincial/territorial governments in areas such as lawmaking and court administration.
Compare And Contrast GSS And UCR.pdf
This document provides an overview of several key aspects of the Canadian criminal justice system. It compares and contrasts different data collection methods like the UCR and GSS. It outlines the charter of rights and how it impacts the criminal justice system by protecting legal rights. It also describes the division of powers between federal and provincial governments as well as the process from arrest to sentencing. Finally, it discusses specialized courts, search warrants, use of force standards, and jury trials.
7Victims’ Rights and the CriminalJustice SystemCHAPTER.docx
7
Victims’ Rights and the Criminal
Justice System
CHAPTER OUTLINE
The Adult Criminal Justice System Versus the
Juvenile Justice System
Toward Greater Formal Legal Rights Within the
Criminal Justice System
The Quest for a Constitutional Amendment
Guaranteeing Victims’ Rights
The Achievements of the Victims’ Rights Movement
Rights Gained at the Expense of Offenders
Rights Gained at the Expense of the System
Rights Gained at the Expense of Offenders, the System,
or Both
Victims and Prosecutors
Assisting Victims and Other Witnesses for the State
Protecting Victims Who Serve as Witnesses for the
Prosecution
Dismissing Charges and Rejecting Cases
Negotiating Pleas
Victims and Defense Attorneys
Postponing Hearings
Cross-Examining Witnesses During Trials
Victims and Judges
Granting Bail
Sentencing Offenders
Appealing to the Supreme Court
Victims and Juries
Victims and Corrections Officials
Keeping Track of Offenders and Receiving
Reimbursement from Them
Influencing Parole Board Decisions
And Justice for All?
Recognizing “Second-Class” Treatment
Summary
Key Terms Defined in the Glossary
Questions for Discussion and Debate
Critical Thinking Questions
Suggested Research Projects
LEARNING OBJECTIVES
To realize that some cases of interpersonal violence
and theft will be handled in the juvenile justice
system.
To become familiar with the legal rights victims have
gained in recent decades.
continued
205
9781337027786, Crime Victims: An Introduction to Victimology, Ninth Edition, Karmen - © Cengage Learning. All rights reserved. No distribution allowed without express authorization.
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THE ADULT CRIMINAL JUSTICE
SYSTEM VERSUS THE JUVENILE
JUSTICE SYSTEM
This chapter examines what might happen in cases
that the police have solved by arresting an adult. As
the fate of the accused person is determined by the
criminal justice system, victims will interact with
prosecutors, defense attorneys, judges, juries,
and—if the defendant is convicted—corrections
officials. Cooperation is the desired outcome, but
conflict might erupt over certain divisive issues
with these criminal justice professionals and the
agencies that employ them.
Note that this chapter focuses on how cases are
processed by the legal system when adults are
arrested by the police. Each state has the authority
under the constitution to determine at what age
adulthood begins and for which crimes this distinc-
tion applies. For example, in New York, state legis-
lators decided that persons as young as 16 might be
considered as adults, and their cases could be pro-
cessed in the adult system. When the police arrest a
suspect as young as 13 for murder, he could be con-
sidered as sufficiently mature to face adult penalties,
such as a life sentence, if the prosecutor chooses to
pursue this get-tough option. In nearly all the other
states, the age when individuals can be held fully
responsible for their criminal behavior is 18.
In ...
Ch02
This document provides an overview of the U.S. legal system, including various theories of law, the goals of the current legal system, and definitions of key concepts. It discusses how law has evolved from early societies through Roman and English common law to the current American system. It describes the state and federal court structures, with three levels of jurisdiction at each - lower courts, appellate courts, and a highest court. The document also distinguishes between criminal and civil law, outlining differences in burden of proof and jurisdiction.
Instant Checkmate Background Check Glossary
When you're using Instant Checkmate to run background checks on individuals, you may come across some specific terms in your reports that you might not be familiar with. To help you better understand exactly what you're seeing in your reports, we've compiled a list of the most frequently used and related terms in the personal criminal background check industry.
www.instantcheckmate.com/glossary
7 Juvenile Justice ProceduresChapter Learning Objectives.docx
7 Juvenile Justice Procedures
Chapter Learning Objectives
On completion of this chapter, students should be able to do the following:
Understand and discuss juvenile court procedures
Discuss the rights of juveniles at various stages, from taking into custody through appeals
Understand requirements for bail, notification, and filing of petitions
Discuss procedures involved in detaining juveniles
What Would You Do?
It is Friday night and you are in bed. Your 13-year-old daughter is spending the night with a friend. The two girls told you they were going to a movie and back to
her friend’s home. Her friend’s older sister, who is 18, is going to drive them to and from the movie. At approximately 2:15 a.m. you get a phone call. The caller
identifies herself as Lisa Strom, an employee of the Forten County Detention Center. She says that your daughter has been taken into custody for curfew violation,
possession of alcohol by a minor, peace disturbance, and assaulting a police officer. Ms. Strom informs you that your daughter will be held in detention pending a
review of her case by a juvenile intake officer. This review will take place within the next 24 hours and you will receive another phone call once the juvenile intake
officer decides to hold or release the child. She states that you are allowed to visit your daughter once within the next 24 hours and informs you that visitation is
allowed between 6:00 p.m. and 8:00 p.m. that day. The only question you can think to ask is if your daughter is okay. Ms. Strom says your daughter is going through
the intake process and is in good health. You hang up the phone wide awake and wondering what to do next.
What Would You Do?
1. Would your daughter be classified as a status offender or a delinquent, according to the charges?
2. What would be your next course of action? Would you contact a lawyer, wait for the phone call from the juvenile intake officer, visit your daughter during
visiting hours, or do something else?
3. If you were the juvenile intake officer, would you continue to detain this child or release her to her parents pending court?
Juvenile court acts discuss not only the purposes and scope of the juvenile justice system but also the procedure the juvenile courts are to
follow. Proceedings concerning juveniles officially begin with the filing of a petition alleging that a juvenile is delinquent, dependent,
neglected, abused, in need of supervision, or in need of authoritative intervention. Most juvenile court acts, however, also discuss the unofficial
or diversionary activities available as remedies prior to the filing of a petition such as a stationhouse adjustment and a preliminary
conference. A stationhouse adjustment occurs when a police officer negotiates a settlement with a juvenile, often with his or her parents,
without taking further official action (a full discussion of stationhouse adjustments follows in Chapter 8). A preliminary conference is a
voluntary meeting arranged by .
Constitutional LawThis week’s lecture is on Constitutional Law. .docx
Constitutional Law
This week’s lecture is on Constitutional Law. The constitution is a foundational document in many ways. It lays out the rules the state and federal government must govern as well as specifies the division of power between the states and the federal government (federalism) and between the various branches of the government (separation of power). Any government action—whether by the federal government or by state governments--that is found by the courts to conflict with the constitution is invalid.
The document is divided into articles and amendments. There are five articles in the U.S. Constitution. These articles specify the powers of the federal government as a whole. The articles also delineate what powers each branch of government has. The amendments to the constitution that we will discuss primarily limit the authority of congress to act.
The first article in the constitution deals with the powers of Congress. Congress has the primary power to regulate the economy (though it may delegate some of this power to the executive branch in some cases, for example Congress has given the Environmental Protection Agency the ability to enforce and regulate air emissions standards through the Clean Air Act). One important power found in article one is the taxing and spending power. This gives Congress the power to tax and spend in order to support the general welfare. Obviously, this is of preeminent concern to the economy and business.
However, the commerce clause is by far the most significant way that Congress constitutionally regulates business. This clause gives Congress the ability to regulate commerce with foreign nations, interstate commerce, and commerce that affects interstate commerce. This affects language is very important. In an early, important case, Wickard v. Filburn, 317 U.S. 111 (1942), the Supreme Court held that the commerce clause allowed the government to constitutionally penalize a farmer growing wheat to feed animals on his own land as affecting interstate commerce.
The statute in question created quotas on wheat production in order to stabilize prices. The wheat in question exceeded the quota, and the Supreme Court agreed with the federal government’s argument that by growing wheat for his animal’s use the farmer would likely buy less wheat on the open market, which would have an impact on the price of wheat (especially if many people adopted this approach). Relying upon this case as precedent, the courts found that practically all Congressional acts met this standard up into the present though some recent cases have limited the scope of this power. Nonetheless, this case should provide a good example of how sweeping this commerce power is.
The Supremacy Clause is also found in this part of the Constitution. This clause states that the constitution and other constitutional statutes and treaties are “the supreme law of the land.” Under this clause, state constitutions and laws are invalid .
Rule of Law Day
The document discusses the American rule of law and criminal and civil legal procedures. It explains that no one is above the law in the US and the law protects individual freedoms. For criminal offenses, a court will determine if someone is guilty or not guilty of a misdemeanor or felony. Civil law deals with non-criminal disputes over contracts, property, divorce, and damages. The stages of a felony criminal procedure are described as arrest, bail, arraignment, trial, and potential appeal. Juvenile cases have more flexibility. Civil cases start with a complaint and can be heard by a judge or jury and appealed. Federal courts handle federal crimes while state courts deal with local and state crimes. Virginia's court
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docx
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). .
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docx
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). ...
Business Law I Introduction to LawHello class and welcome to t.docx
Business Law I
Introduction to Law
Hello class and welcome to the week one lecture for Business Law I. We will begin with an introduction to the law and the American Legal system. Law is a grouping of rules governing relationships among individuals and between individuals and their society. The function of the law is to maintain stability while allowing for change when necessary. As we will discuss, this law originates from many sources.
To start, America has a rich common law tradition. Common law dates back to the English Court system. This common law developed through the slow accumulation of decisions over many hundreds of years. At bottom, judges generally apply the principle of Stare Decisis or the application of principles applied in earlier cases with similar facts. These earlier cases are known as precedent. This principle is important because it allows for a modicum of stability in the law as the idea is that similar cases will be decided in similar ways. However, this system allows gives the common law some flexibility. Judges may decide that old precedent is no longer applicable, for example, due to changes in society’s attitudes or in technology. When this situation occurs, the judge can create a new precedent.
The constitution provides another source of law. The federal constitution creates the rules for governing the country. It specifies which powers each branch of government may wield, and any state or federal law found to be in conflict with the constitution by the courts will be found to be invalid. A third source of law is statutory law. This source of law includes the statutes and ordinances of Congress and state legislatures. This is a very important source of law, and much of the work of the courts is consumed by interpreting these statutes.
The final source of law to discuss is the administrative law. The development of this law has become increasingly important. As the economy began to grow more complex, Congress devolved some of its powers to administrative agencies (generally under the supervision of the executive branch) to regulate the economy. For example, the Clean Air Act requires the Environmental Protection Agency (EPA) to keep the air safe. This mandate empowers the EPA to pass and enforce regulation protecting society from airborne pollutants. Although this area of law gets less coverage from the press, it can be critically important as these regulations have a monumental impact on the economy. Judges are frequently called upon to determine if the agencies have exceeded the scope of their mandate.
Another important distinction involves the relationship between the federal and state courts. Each state and the federal government has its own court system. And each of these entities will often have different statues, common law, administrative law, and constitutions. States are generally required to follow the decisions of other court’s due to the full faith and credit clause ...
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- 1. 1/3 What Does Double Jeopardy Mean? wasatchdefenselawyers.com/what-are-the-double-jeopardy-laws-in-utah What Are the Double Jeopardy Laws in Utah seohnrpros Drug Crimes 0 The federal Double Jeopardy law restricting criminal prosecution is designed to protect citizens from potential runaway efforts of prosecutors to obtain convictions. This crucial law helps ensure that a person is subjected to no more than a reasonable extent of government action to convict him or her of a crime. It declares a prohibition on bringing people to trial more than once for the same offense “to be twice put in jeopardy of life or limb.” But, that flawless-sounding principle is not quite as straightforward as it may appear at a glance. The Double Jeopardy Clause in the U.S. Constitution means, essentially, that a citizen of this country cannot be prosecuted twice for the same alleged crime. That seems like a very simple legal concept. However, as with so many legal definitions and applications, there are contingencies necessitating other laws to account for them. It holds true that a defendant cannot be prosecuted more than once for the same offense, but there are some major exceptions that are not affected by that law per see. Why Do We Need the Double Jeopardy Law? The Double Jeopardy law prevents potential harassment of defendants by prosecutors after they have been found not guilty. It protects innocent people accused of crimes from the risk of living their entire lives in fear of being repeatedly prosecuted. Such relentless
- 2. 2/3 pursuit of convictions would be psychologically devastating to accused individuals and their families. It would also consume increasingly scarce judicial resources with ongoing relitigation of cases already decided. Facing State and Federal Charges for the Same Crime The majority of criminal prosecutions are by the state. However, if a defendant violates both state and federal law, he/she can be prosecuted under each of the two judicial authorities on the same charges. For example: Murder is a state crime under Utah Code 76-5.203. It’s also a federal crime under US 18-1111. The individual can be tried on state and federal charges for an alleged murder without prosecutors violating the Double Jeopardy law. If a person allegedly commits a felony on federal land within a state’s boundaries, he/she can be legally brought to trial by both state and federal prosecutors for the same crime. These are not considered double jeopardy cases. They do not violate the U.S. Constitution’s Double Jeopardy Clause under the Fifth Amendment because, under the separate sovereigns doctrine, the state and federal governments are independent authorities. This maintenance of separate legal authority makes it possible for a person to be tried twice for the same crime without constitutional protection. Other Double Jeopardy Exceptions In addition to being tried for the same crime twice, once in state and once in federal court, there are other circumstances in which the Double Jeopardy law does not protect someone from being charged with the same crime twice or even more times. For example: Identical crime: A person charged with a car theft from a parking lot could be charged several years later with theft of another car from the same place without violating the Double Jeopardy law. Absence of acquittal: If a jury in a criminal trial does not reach a unanimous verdict, the judge declares a mistrial, and a new trial or multiple new trials may be necessary to achieve justice. Until the defendant is acquitted in a trial, he/she may be forced to endure additional trials for the same charges. Separate offenses: There are cases in which a person’s alleged conduct during a crime constitutes additional and separate offenses. It can happen that those various offenses are not within the jurisdiction of the same court and are not all known to the prosecutor at the time of the defendant’s arraignment on the original charge(s). So, prosecuting for these offenses does not violate laws restricting prosecutors to either prosecute for the primary offense or one or more of its included offenses. (Utah 76-1-402.2) Concurrent jurisdiction: Prosecution for the same offense is not legally barred if a defendant has committed one or more crimes in multiple concurrent state and/or state and federal jurisdictions if the earlier prosecution did not result in a conviction, acquittal, or termination of prosecution. (Utah Code 76-1.403-404)
- 3. 3/3 Manipulation of prosecution: Prosecution subsequent to the original trial is legally allowed if the previous prosecution was deliberately caused by the defendant in an attempt to avoid the sentence that might have been imposed. This applies if the prosecutor in the subsequent trial is unaware of the previous case. (Utah 76-1-405) Best Criminal Defense in Utah – Wasatch Defense Lawyers We are criminal defense attorneys in Salt Lake City, Utah. We will start to work for you immediately to have charges dropped or substantially reduced and prevent you from going to jail. If you or a loved one is arrested in the Salt Lake area, you will need an experienced and aggressive criminal defense lawyer to ensure that all your rights are protected and fight for your freedom in state or federal court. If you face criminal charges, call Wasatch Defense Lawyers at (801) 980-9965, or contact us on our website to discuss the details of your situation.