all

what fed gov can do

what state can do

• Pre-emption
• fed law always triumphs state

• Tax
• Interstate commerce
• Federal property

• Murder
• Rape
• Kidnapping

District  District court of appeal  Supreme Court

Trial Court  Appellee Court  Supreme Court

• Interpreting fed law for constitution
• Most important case in the US

• go against standards of conduct; can go after money, justice, liberty
• Create dangerous situation you know about

• someone is suing to get money- want finality; lower stakes
• unintentional (negligent) conduct (tort, slip and falls, breach of contract, auto)- monetary

the rules that everyone has to follow (Practice book- “play book”)

Bill of Rights

• 1. Deterrence
• 2. Incapacitation
• 3. Rehabilitation (cure)
• 4. Retribution

• Specific- punishment- imprisonment
• General

Going to jail

• Domestic violence
• Narcotics
• Alcohol
• AR (accelerated rehab)

Don’t commit crimes again s

Statues (2 or 3 books), common law (cases)

If not decided by fed gov, states get police power

power granted to states for the health of their citizens

intent- determines severity in any case

act

• Purpose
• Knowledge
• Recklessness
• Negligence

4 levels of intent, do exactly what you intended to do (want to hit head and hit head)

4 levels of intent, acted knowing that the result was extremely likely to occur (want to kill, want to shoot in head but hit chest)

4 levels of intent, conscious risk creation (didn’t intend to do it but when drive too fast cant prevent anything bad that is going to happen)- conscious decision you are made didn’t think anything bad was going to happen (know you think it is pretty likely something will happen and do it anyways)

4 levels of intent, unconscious risk creation- weren’t consciously aware of the risk you were creating but you should have- rarely considered criminal – sometimes homicide (usually civil)

Don’t want an innocent person to be jailed

• By Severity
• Misdemeanor
• Felony
• By Degrees- same type of act in the case but doing something in case that makes it more severe

Uniform crime report (UCR)

• take all categories and types to get more accurate picture of crime in the US
• police officers get info and FBI take info and make report

• Not all crimes recorded
• under reporting by victims- sexual assault; undocumented person
• Under reporting by police department- to make their town look better

• self defense
• police officers use gun is certain circumstances

intentionally taking a person’s life

• from common law
• Unlawful killing another using degrees-
• 1st Degree- Intentional, deliberate, premeditated
• 2nd Degree- Heat of Passion (just snapped)

• 1. Commit certain felony
• 2.While committing felony innocent person dies
• Robbery most common
• No intent for someone to die needed
• Ex: commit armed robbery and guy dies of heart attack before gun shot
• Ex: you commit robbery and accomplice kills person
• Usually punished just as severely as murder

• 1. Intent to wound/injure somebody OR recklessly create case
• 2. When wound/injure you kill the
• Didn’t intend to kill but did

• 1. Intent- criminal negligence
• 2. Cause death

• 1. Intent- intentionally threaten the use/show of force
• 2. Places a reasonable person in fear
• 3. Of imminent attack

• 1. Intent- intentional contact that is
• 2. Non consensual
• 3. With another person
• 4. Causes pain or injury
• o Ex: fight
• Sexual Assault
• 1. Non consensual
• 2. Sexual intercourse
• 3. With another person
• 4. Accomplished by the use of force or threat of use of force
•  More serious- weapon, age (child/ elderly)
•  Less serious- not intercourse but touching (grabbing of sexual parts)

• 1. Member of protected class(minor, mentally challenged/incompetent, doctor, priest, therapist, high school teacher)
• 2. Have sexual intercourse with that person
•  Against children more severe
•  Doesn’t matter if person says “yes”
•  Megan’s Law- sex offenders must be registered
• Kidnapping
• 1. Unlawful, taking or holding
• 2. With movement (asportation)
• 3. Of another person
• 4. With the use of force or deception (can you help me find my dog?)

• 1. Intentional
• 2. Burning (explosions)
• 3. Property (that destroyed)
• Makes it more serious
• 4. Dwelling (bc people can get hurt)
• 5. Insurance Proceeds (to get money)
• 6. If someone gets hurt

• 1. Unlawful entry or unlawful remaining (hide)
• 2. In a building
• 3. Intend to commit a crime inside
• a. Larceny
• b. Robbery

• 1. Unlawful taking of holding
• 2. Of property
• 3. Of another
• 4. With the intent to permanently deprive that person of property (have to explain why)

• 1. Unlawful taking of holding
• 2. Of property
• 3. Of another
• 4. With the intent to permanently deprive that person of property
• 5. Use of threat of force (can be bee bee gun)

• both sides want to win and both sides do their best to win (justice system)
• making it a fair trial

• Government has better resources than normal person
• Criminals have lots of rights bc government (have strong preferably rights)

What fed gov, state gov, and no gov can do

• Protect individual rights
• Freedom of press, speech (protect from bad government)

assures that both sides get a fair trial; chooses punishment

• Usually used
• Protect Civil liberties (focus on individual rights) -> lim gov
• Bill of rights
• Instead of looking at everyone’s info just look at potential criminals’ info
• Not intended to be efficient- want to get it right
• • Make it difficult to enforce law and get you locked up
• o Jury has to make decision
•  Prevent bias
•  Represent the community
• o Legal and factual guilty

Not only proved crime and but also the gov played by the rules in order to convict you

• Used by fed law
• Primary goal to catch and convict criminals
• The end justifies the means
• Efficiently
• Stalk everyone

Lawyers or attorneys that represent the government of the people in the community

• top law enforcement- US attorney general – Eric Holder
• • Appointed by president but confirmed by the senate (need 51 “yeses”)
• • Leave with president (political)
• Each district (of states)has a top prosecutor- US Attorney
• • Appointed by president and confirmed by the senate
• • political
• Assistant US Attorney
• • Taken from law school (not by president)
• • Not political (apolitical)

• Have 95% of crimes to prosecute
• Each state system is different

• States Attorney- chief law enforcement officer
• • 13 Judicial District
• o 1 per district, Appointed by committee
• Assistant States Attorney
• • Try to make apolitical

• Judicial D (jd)- less than in geographic
• • Murder rape, arson
• Geographic area
• • violence, minor drug, DUI (low time in prison)

• educate the police and public about the legal system
• decide who should be prosecuted, what the charges should be and try the cases
• • if high price then decide not to take plea bargain and then have case with judge
• to do justice

• seriousness offence- how serious case
• offender- how often have been arrested
• strength of case- good case or bad case
• • decide to drop case, fine, put on probation, request go to jail, rehab program
• • decide what is worth their time to prosecute (lower level courts) and priority in community

95%

Have to give info even if go against their side (exculpatory evidence)

Info that helps the defendant

• Represent the defendant (∆) to the best of the attorney’s ability; not society at large; whether they did it or not
• Everyone has the right to a great defendant

• Private Defense Attorney
• Public Defender

• Works for themselves, law firm, don’t work for gov
• Represent in criminal court
• Hired by client and decides if want to represent you
• If accept case, file an appearance (in CT) they cannot quit
• Paid by hr or flat fee(most common)

• Attorneys hired by the gov to represent people who are indigent (poor)
• Appointed by court
• Client has no say in who they get
• Cannot quit; unless they the defendant makes too much money and they can buy their own
• Have to face the possibility of jail to receive lawyer

• Appeal to supreme court
• Saying that constitution requires to give you an attorney if you are poor
• Created public defender system

• Educate client to make informed decision
• Make sure factually guilty
• Legally guilty
• 95% of work negotiation of charges or sentence
• If trial- make prosecution earn the accusation

Gov can prove each charge beyond reasonable doubt

• Make sure gov played by the rules to arrest you
• Did break into house w/o warrant?
• Can file motion for suppress?

Info the Jury cant see bc police didn’t play by the rules to get it

• Plead guilty and reduction in charges and/or sentence
• Convince the prosecutor of the judge that the person is actually good

• Any communication between attorney and client are confidential
• So the client think they can trust the person and don’t lie about this

• so don’t ask what you did; ask what you are accused of- bc then cant put your client on the stand bc you know they are going to lie
• o Unless Secretary, investigator, or if they think a crime is about to be committed

Hold something of a client bc it is illegal for them to have it