Test Bank & Solution Manual for 1st edition By Robert M. Donley

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Test Bank & Solution Manual for Criminal Evidence, 1st edition By Robert M. Donley Chapter overview This chapter introduces the student to the basic structure and functions of courts in the federal an ... d state systems. This understanding is required to provide context for the law of evidence. The chapter begins with a general discussion of the four levels of court: minor courts, trial courts, intermediate appellate courts, and courts of final appeal. It then focuses on federal courts, explaining federal criminal jurisdiction and the structure of the federal District, Circuit, and Supreme Courts. After a brief discussion of state courts and a resource identifying the specific courts in each state, the chapter turns to the question of how federal and state jurisdiction interact. This discussion addresses what happens when a single act violates both federal and state laws, crosses state lines, and violates the laws of multiple state jurisdictions. The chapter also looks at what happens when there is a conflict between federal and state criminal laws, and concludes with a brief discussion of court rules and the Rules of Evidence. Chapter objectives 1. Explain the general structure of state and federal court systems. 2. Identify the four main levels of courts and describe the functions of each. 3. Explain the path of appeal in the federal and state court systems 4. Distinguish between the criminal jurisdiction of federal and state court systems. 5. Describe the options open to an appellate court ruling on a trial judge’s decisions. 6. Explain the interplay between federal and state court jurisdiction. 7. Contrast the scope and purpose of federal/state and local rules of court. 8. Identify the keys subject areas of the Federal Rules of Evidence. Lecture outline ● Introduction 6 o Evidence law is procedural, not substantive o The law of evidence only has meaning in proceedings before courts and other tribunals o To understand evidence law, students must understand how courts work. ● General Structure of Court Systems o In general o Two main levels of courts ▪ Federal ● Federal courts are separate from but not “superior” to state court systems ● In criminal cases, federal courts apply federal criminal law only ● Federal courts have no power over how state laws are applied ● Federal courts have final say in interpreting the U.S. Constitution ● All state courts must comply with federal constitutional law ▪ State ● State courts hear cases involving violations of state criminal law ● Each state has its own criminal court system ● States hear many more criminal cases than federal courts ● Four levels of court within each system o Minor courts ▪ Often called “magistrates” or “justices of the peace” ▪ Issue arrest and search warrants 7 ▪ Conduct preliminary criminal proceedings (such as preliminary arraignments) ▪ Conduct low-level criminal trials (i.e., summary offenses) ▪ Federal magistrates are appointed by the President and confirmed by Senate ▪ State minor court judges are usually elected by the public o Trial courts ▪ Conduct most criminal trials and sentencing proceedings at federal and state level ▪ Actively involved in pre-trial processes ▪ Make rulings on the admissibility of evidence before trial ▪ Most criminal proceedings happen before a trial court o Appellate courts ▪ Appellate courts provide opportunity to review trial court decisions for errors in law ▪ Intermediate appellate courts ● In federal system and states that have them, these courts hear appeals directly from trial courts 8 ● Defendants have an absolute right to an appeal a conviction ● Prosecutors are generally not allowed to appeal an acquittal ▪ Court of final appeal ● May hear appeals directly from trial court in states with no intermediate appellate court ● Death penalty cases will be appealed directly to this court in federal and state jurisdictions. ● Where there is an intermediate appellate court, appeal to a court of final appeal is a matter of permission, not right. [Show More]

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