The full dataset viewer is not available (click to read why). Only showing a preview of the rows.
Server error '504 Gateway Time-out' for url 'https://huggingface.co/api/datasets/bowang0911/LegalRAGQAChunkRetrieval/revision/refs%2Fconvert%2Fparquet'
For more information check: https://developer.mozilla.org/en-US/docs/Web/HTTP/Status/504
Error code: UnexpectedError
Need help to make the dataset viewer work? Make sure to review how to configure the dataset viewer, and open a discussion for direct support.
chunk_id string | chunk string | source_url string | title string | chunk_idx int64 | chunk_start_char int64 | chunk_end_char int64 |
|---|---|---|---|---|---|---|
1-1.0::0 | *Elementary notions of fairness enshrined in our constitutional jurisprudence dictate that a person receive fair notice not only of the conduct that will subject him to punishment but also of the severity of the penalty that a State may impose.*
**-* *[BMW of North America, Inc. v. Gore](http://scholar.google.com/scho... | 1-1.0 | 1.0: Prelude to Introduction to Criminal Law | 0 | 0 | 411 |
1-1.0::1 | [A row of parked police cars with visible logos on the doors, situated in a parking area during dusk with building lights in the background.](https://biz.libretexts.org/@api/deki/files/8789/7e11ba9b27a8fc4a39d614e92337c85c.jpg?revision=1&size=bestfit&width=802&height=534)*
*Source: Image courtesy of Tara Storm.* | 1-1.0 | 1.0: Prelude to Introduction to Criminal Law | 1 | 411 | 725 |
2-2.4::0 | ##### Learning Objectives
1. Define the burden of proof.
2. Distinguish between the burden of production and the burden of persuasion.
3. Compare the civil and criminal burden of proof.
4. Compare inference and presumption.
5. Compare circumstantial and direct evidence.
The key to the success of a civil or criminal t... | 2-2.4 | 2.4: The Burden of Proof | 0 | 0 | 659 |
2-2.4::1 | ## Definition of the Burden of Proof
The burden of proof is a party’s responsibility to prove a disputed charge, allegation, or defense.Yourdictionary.com, “Definition of Burden of Proof,” accessed September 26, 2010, <http://www.yourdictionary.com/burden-of-proof>. The burden of proof has two components: the **burden... | 2-2.4 | 2.4: The Burden of Proof | 1 | 661 | 1,118 |
2-2.4::2 | The burden of persuasion is the duty to *convince* the judge or jury to a certain standard, such as **beyond a reasonable doubt**, which is defined shortly. This standard is simply a measuring point and is determined by examining the quantity and quality of the evidence presented. “Meeting the burden of proof” means th... | 2-2.4 | 2.4: The Burden of Proof | 2 | 1,119 | 1,794 |
2-2.4::3 | The trier of fact would be a judge in a nonjury or **bench trial**. In a *criminal* case, the trier of fact is almost always a jury because of the right to a jury trial in the Sixth Amendment. Jurors are not legal experts, so the judge explains the burden of proof in jury instructions, which are a common source of appe... | 2-2.4 | 2.4: The Burden of Proof | 3 | 1,795 | 2,310 |
2-2.4::4 | Preponderance of evidence requires the plaintiff to introduce slightly more or slightly better evidence than the defense. This can be as low as 51 percent plaintiff to 49 percent defendant. When preponderance of evidence is the burden of proof, the judge or jury must be convinced that it is “more likely than not” that ... | 2-2.4 | 2.4: The Burden of Proof | 4 | 2,311 | 2,971 |
2-2.4::5 | The defendant’s burden of proof when proving a defense in a civil case is also preponderance of evidence. For example, in the O. J. Simpson civil case discussed in Chapter 1, O. J. Simpson failed to meet the burden of proving the defense of *alibi*. The defendant does not always have to prove a defense in a civil case.... | 2-2.4 | 2.4: The Burden of Proof | 5 | 2,973 | 3,422 |
2-2.4::6 | ## Burden of Proof in a Criminal Prosecution
The prosecution’s burden of proof in a criminal case is the most challenging burden of proof in law; it is **beyond a reasonable doubt**. Judges have struggled with a definition for this burden of proof. As Chief Justice Shaw stated nearly a century ago,
[w]hat is reasonab... | 2-2.4 | 2.4: The Burden of Proof | 6 | 3,424 | 3,991 |
2-2.4::7 | It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.*Commonwealth v. Webster*, 59 Mass. 295, 320 (1850), accessed Septem... | 2-2.4 | 2.4: The Burden of Proof | 7 | 3,992 | 4,377 |
2-2.4::8 | In general, the prosecution’s evidence must overcome the defendant’s **presumption of innocence**, which the Constitution guarantees as due process of law.*In re Winship*, 397 U.S. 358 (1970), accessed September 26, 2010, <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0397_0358_ZO.html>. This fulfills the pol... | 2-2.4 | 2.4: The Burden of Proof | 8 | 4,379 | 4,777 |
2-2.4::9 | If even a slight chance exists that the defendant is innocent, the case most likely lacks convincing and credible evidence, and the trier of fact should acquit the defendant.
States vary as to their requirements for the defendant’s burden of proof when asserting a defense in a criminal prosecution.Findlaw.com, “The In... | 2-2.4 | 2.4: The Burden of Proof | 9 | 4,778 | 5,297 |
2-2.4::10 | Different defenses also have different burdens of proof, as is discussed in detail in Chapter 5 and Chapter 6. Some states require the defendant to meet the burden of production, but require the prosecution to thereafter meet the burden of persuasion, *disproving* the defense to a preponderance of evidence or, in some ... | 2-2.4 | 2.4: The Burden of Proof | 10 | 5,298 | 5,948 |
2-2.4::11 | If the prosecution does not meet the burden of proof, the defendant is acquitted without having to present any evidence at all.
## Example of a Failure to Meet the Burden of Proof
Ann is on trial for first-degree murder. The only key piece of evidence in Ann’s trial is the murder weapon, which was discovered in Ann’s... | 2-2.4 | 2.4: The Burden of Proof | 11 | 5,949 | 6,511 |
2-2.4::12 | The defense is successful with this motion, and the judge rules that the murder weapon is *inadmissible* at trial. The prosecution decides to proceed anyway. If there is no other convincing and credible evidence of Ann’s guilt, Ann does not need to put on a defense in this case. The prosecution will fail to meet the bu... | 2-2.4 | 2.4: The Burden of Proof | 12 | 6,512 | 7,062 |
2-2.4::13 | ](https://biz.libretexts.org/@api/deki/files/8688/434a1e5ad595acf7e93a66e36a3b42c0.jpg?revision=1&size=bestfit&width=784&height=852)
Figure 2.8 Diagram of the Criminal Burden of Proof
## Inference and Presumption
Parties can use two tools to help meet the burden of proof: **inference** and **presumption**. | 2-2.4 | 2.4: The Burden of Proof | 13 | 7,062 | 7,373 |
2-2.4::14 | Jury instructions can include inferences and presumptions and are often instrumental in the successful outcome of a case.
An inference is a conclusion that the judge or jury *may* make under the circumstances. An inference is never mandatory but is a choice. For example, if the prosecution proves that the defendant pu... | 2-2.4 | 2.4: The Burden of Proof | 14 | 7,374 | 7,982 |
2-2.4::15 | Thus the judge or jury *must* begin any criminal trial concluding that the defendant is not guilty.
Presumptions can be **rebuttable** or **irrebuttable**. A party can disprove a *rebuttable* presumption. The prosecution can rebut the presumption of innocence with evidence proving beyond a reasonable doubt that the de... | 2-2.4 | 2.4: The Burden of Proof | 15 | 7,983 | 8,527 |
2-2.4::16 | Thus in these jurisdictions children under the age of seven cannot be criminally prosecuted (although they may be subject to a juvenile adjudication proceeding).
## Circumstantial and Direct Evidence
Two primary classifications are used for evidence: **circumstantial evidence** or **direct evidence**.
Circumstantial... | 2-2.4 | 2.4: The Burden of Proof | 16 | 8,528 | 9,191 |
2-2.4::17 | Common examples of circumstantial evidence are fingerprint evidence, DNA evidence, and blood evidence. Criminal cases relying on circumstantial evidence are more difficult for the prosecution because circumstantial evidence leaves room for doubt in a judge’s or juror’s mind. However, circumstantial evidence such as DNA... | 2-2.4 | 2.4: The Burden of Proof | 17 | 9,192 | 9,893 |
2-2.4::18 | Common examples of direct evidence are eyewitness testimony, a defendant’s confession, or a video or photograph of the defendant committing the crime. Criminal cases relying on direct evidence are easier to prove because there is less potential for reasonable doubt. However, direct evidence can be unreliable and is not... | 2-2.4 | 2.4: The Burden of Proof | 18 | 9,894 | 10,451 |
2-2.4::19 | Table 2.2 Comparison of Circumstantial and Direct Evidence in a Burglary Case
| Evidence | Circumstantial | Direct |
| --- | --- | --- |
| Fiber from the defendant’s coat found in a residence that has been burglarized | Yes | No—directly proves **presence at the scene**, not that the defendant committed burglary |
| G... | 2-2.4 | 2.4: The Burden of Proof | 19 | 10,453 | 11,012 |
2-2.4::20 | could prove trespassing because it directly proves **presence at the scene**, but it does not directly prove burglary |
| Surveillance camera footage of the defendant purchasing burglar tools | Yes | No—does not directly prove they were used on the residence |
| Cell phone photograph of the defendant burglarizing the r... | 2-2.4 | 2.4: The Burden of Proof | 20 | 11,012 | 11,654 |
2-2.4::21 | —directly proves that the items were pawned, not stolen |
### Casey Anthony Trial Video
Casey Anthony Verdict: Found Not Guilty of Murder
In this video, the jury foreperson in the Casey Anthony trial reads the trial verdict. | 2-2.4 | 2.4: The Burden of Proof | 21 | 11,654 | 11,881 |
2-2.4::22 | Casey Anthony was acquitted of murder, manslaughter, and child abuse of her daughter, Caylee Anthony. | 2-2.4 | 2.4: The Burden of Proof | 22 | 11,882 | 11,983 |
2-2.4::23 | The evidence in the case was all *circumstantial*, and the coroner did not determine the cause of the victim’s death.David Lohr, “Casey Anthony Verdict: NOT GUILTY of First-Degree Murder,” Huffingtonpost.com website, accessed August 24, 2011, www.huffingtonpost.com/2011/07/05/casey-anthony-trial-verdict\_n\_890173.html... | 2-2.4 | 2.4: The Burden of Proof | 23 | 11,984 | 12,343 |
3-3.7::0 | ## Summary
The US Constitution protects criminal defendants from certain statutes and procedures. State constitutions usually mirror the federal and occasionally provide more protection to criminal defendants than the federal Constitution, as long as the state constitutions do not violate federal supremacy. Statutes c... | 3-3.7 | 3.7: End-of-Chapter Material | 0 | 0 | 603 |
3-3.7::1 | Other constitutional protections are in the Bill of Rights, which is the first ten amendments, and the Fourteenth Amendment, which contains the due process clause and the equal protection clause.
The due process clause prohibits the government from taking an individual’s life, liberty, or property arbitrarily, without... | 3-3.7 | 3.7: End-of-Chapter Material | 1 | 604 | 1,215 |
3-3.7::2 | The Fourteenth Amendment due process clause also selectively incorporates fundamental rights from the Bill of Rights and applies them to the states. Rights incorporated and applied to the states are the right to free speech, the right to privacy, the right to bear arms, the right to be free from cruel and unusual punis... | 3-3.7 | 3.7: End-of-Chapter Material | 2 | 1,216 | 1,954 |
3-3.7::3 | Some exceptions to the First Amendment are precise statutes targeting fighting words, incitement to riot, hate crimes, obscenity, and nude dancing. The First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments also create a right to privacy that prevents the government from criminalizing the use of birth control, a... | 3-3.7 | 3.7: End-of-Chapter Material | 3 | 1,955 | 2,674 |
3-3.7::4 | The Sixth Amendment ensures that all facts used to extend a criminal defendant’s sentencing beyond the statutory maximum must be determined by a jury beyond a reasonable doubt.
## YOU BE THE LEGISLATIVE ANALYST
You are an expert on *constitutional law*. Your state’s legislature has hired you to analyze some proposed ... | 3-3.7 | 3.7: End-of-Chapter Material | 4 | 2,675 | 3,297 |
3-3.7::5 | The proposed statute increases penalties for overdue state income tax **retroactively**. Is the proposed statute constitutional?
2. The proposed statute makes it a misdemeanor to display **nude art** in a public place. Is the proposed statute constitutional?
3. The proposed statute enhances the sentence for rape by thr... | 3-3.7 | 3.7: End-of-Chapter Material | 5 | 3,298 | 3,903 |
3-3.7::6 | The proposed statute mandates fifteen years of **solitary confinement** in prison if the defendant is convicted of forcible rape. Is the proposed statute constitutional? | 3-3.7 | 3.7: End-of-Chapter Material | 6 | 3,904 | 4,073 |
3-3.7::7 | ## Cases of Interest
* *South Dakota v. Asmussen*, 668 N.W.2d 725 (2003), discusses void for vagueness and overbreadth: www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format= FULL&sourceID=beehfd&searchTerm=ejDa.ecea.aadj.eddQ&searchFlag=y&l1loc=FCLOW.
* *Christian Legal Society v. Martinez*, 130 S. ... | 3-3.7 | 3.7: End-of-Chapter Material | 7 | 4,075 | 4,398 |
3-3.7::8 | 2971 (2010), discusses the First Amendment: [http://scholar.google.com/scholar\_case?case=10772194664096336702&q= Christian+Legal+Society+v.+Martinez&hl=en&as\_sdt=2,5](http://scholar.google.com/scholar_case?case=10772194664096336702&q=Christian+Legal+Society+v.+Martinez&hl=en&as_sdt=2, | 3-3.7 | 3.7: End-of-Chapter Material | 8 | 4,399 | 4,686 |
3-3.7::9 | 5). | 3-3.7 | 3.7: End-of-Chapter Material | 9 | 4,686 | 4,689 |
3-3.7::10 | * *U.S. | 3-3.7 | 3.7: End-of-Chapter Material | 10 | 4,690 | 4,697 |
3-3.7::11 | . Alvarez*, 617 F.3d 1198 (2010), discusses freedom of speech: [http://scholar.google.com/scholar\_case?case=3332503989513069132&q= U.S.+v.+Alvarez&hl=en&as\_sdt=2,5&as\_ylo=2010](http://scholar.google.com/scholar_case?case=3332503989513069132&q=U | 3-3.7 | 3.7: End-of-Chapter Material | 11 | 4,699 | 4,946 |
3-3.7::12 | .S.+v.+Alvarez&hl=en&as_sdt=2,5&as_ylo=2010). | 3-3.7 | 3.7: End-of-Chapter Material | 12 | 4,946 | 4,991 |
3-3.7::13 | * *Snyder v. Phelps*, No. 09-751 (2011), discusses the First Amendment: <http://www.law.cornell.edu/supct/html/09-751.ZO.html>.
* *Robinson v. California*, 370 U.S. 660 (1962), discusses cruel and unusual punishment: caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=370&invol=660. | 3-3.7 | 3.7: End-of-Chapter Material | 13 | 4,992 | 5,278 |
3-3.7::14 | ## Articles of Interest
* Selective incorporation: www.law.umkc.edu/faculty/projects/ftrials/conlaw/incorp.htm
* Violent video games and the First Amendment: <http://www.huffingtonpost.com/2011/06/27/supreme-court-violent-video-games_n_884991.html>
* Ohio abortion bill: [http://abcnews.go.com/Politics/ohio-heartbeat-b... | 3-3.7 | 3.7: End-of-Chapter Material | 14 | 5,280 | 5,680 |
3-3.7::15 | Politics/ohio-heartbeat-bill-abortion-paves-roe-wade-challenge/story?id=12876224)
* Second Amendment and gun control: [http://usgovinfo.about.com/od/guncontrol/Gun\_Control \_and\_the\_Second\_Amendment.htm](http://usgovinfo.about.com/od/guncontrol/Gun_Control_and_the_Second_Amendment.htm)
* Recent US Supreme Court cas... | 3-3.7 | 3.7: End-of-Chapter Material | 15 | 5,680 | 6,118 |
3-3.7::16 | 9-High-Court-Calif-can-apply-3-strikes-law-to-juveniles>
## Websites of Interest
* First Amendment information: www.firstamendmentcenter.org/default.aspx
* Hate crimes: www.fbi.gov/about-us/investigate/civilrights/hate\_crimes/hate\_crimes
* Death penalty information: [http://www.deathpenaltyinfo.org](http://www.deat... | 3-3.7 | 3.7: End-of-Chapter Material | 16 | 6,118 | 6,583 |
3-3.7::17 | the death penalty: [http://www.deathpenaltyinfo.org/number-executions -state-and-region-1976](http://www.deathpenaltyinfo.org/number-executions-state-and-region-1976)
## Answers to You Be the Legislative Analyst
1. | 3-3.7 | 3.7: End-of-Chapter Material | 17 | 6,583 | 6,800 |
3-3.7::18 | (1) The **ex post facto clause** is relevant. (2) The statute is most likely **constitutional**. (3) Even though the statute is retroactive, the statute is not a criminal law, but a tax increase, so there is no violation of the ex post facto clause.
2. (1) The **First Amendment** and the **due process clause** in the F... | 3-3.7 | 3.7: End-of-Chapter Material | 18 | 6,801 | 7,278 |
3-3.7::19 | The word “art” can be interpreted differently by different people, so it leads to uneven application by law enforcement. The statute also fails to give the public notice of what is criminal. In addition, because the statute criminalizes the display of “art,” it is overbroad and includes expressive works that may have a... | 3-3.7 | 3.7: End-of-Chapter Material | 19 | 7,279 | 7,928 |
3-3.7::20 | However, this classification has a rational basis and is not arbitrary. The state government has an interest in preventing the spread of AIDS, so the statute will probably be upheld under the equal protection clause, even though it is discriminatory.
4. (1) The **Second Amendment** and the **due process clause** in the... | 3-3.7 | 3.7: End-of-Chapter Material | 20 | 7,929 | 8,555 |
3-3.7::21 | Although the Court held that an exception could be made for convicted felons, the proposed statute covers *any* crime that involves alcohol, including misdemeanors (such as misdemeanor DUI). Thus it is overbroad and encroaches on the Second Amendment’s guarantee of the right to bear arms.
5. (1) The **Eighth Amendment*... | 3-3.7 | 3.7: End-of-Chapter Material | 21 | 8,556 | 9,134 |
2-2.3::0 | ##### Learning Objectives
1. Compare federal and state courts.
2. Define jurisdiction.
3. Compare original and appellate jurisdiction.
4. Identify the federal courts and determine each court’s jurisdiction.
5. Identify the state courts and determine each court’s jurisdiction.
Every state has *two* court systems: the ... | 2-2.3 | 2.3: The Court System | 0 | 0 | 503 |
2-2.3::1 | Because of the Tenth Amendment, discussed earlier in Section 2.1.2 "The Scope of State Law", most laws are state laws and therefore most legal disputes go through the state court system.
Federal courts are exclusive; they adjudicate only *federal* matters. This means that a case can go through the federal court system... | 2-2.3 | 2.3: The Court System | 1 | 504 | 961 |
2-2.3::2 | § 1332, accessed August 30, 2010, <http://www.law.cornell.edu/uscode/28/1332.html>. If citizens from different states are involved in a civil lawsuit and the amount in controversy exceeds $75,000, the lawsuit can take place in federal court. All federal *criminal prosecutions* take place in federal courts.
State court... | 2-2.3 | 2.3: The Court System | 2 | 962 | 1,468 |
2-2.3::3 | In addition, someone involved in a lawsuit based on a federal statute or the federal Constitution can remove a lawsuit filed in state court to federal court.28 U.S.C. § 1441 et. seq., accessed August 30, 2010, <http://www.law.cornell.edu/uscode/28/1441.html>. All state *criminal prosecutions* take place in state courts... | 2-2.3 | 2.3: The Court System | 3 | 1,469 | 1,947 |
2-2.3::4 | A court’s jurisdiction is the power or authority to hear the case in front of it. If a court does not have jurisdiction, it cannot hear the case. Jurisdiction can also be a geographic area over which the court’s authority extends.
There are two prominent types of court jurisdiction. **Original jurisdiction** means tha... | 2-2.3 | 2.3: The Court System | 4 | 1,948 | 2,567 |
2-2.3::5 | The trier of fact determines the facts of a dispute and decides which party prevails at trial by applying the law to those facts. Once the trial has concluded, the next step is an appeal. During an appeal, *no evidence is presented*; the appellate court simply reviews what took place at trial and determines whether or ... | 2-2.3 | 2.3: The Court System | 5 | 2,568 | 3,206 |
2-2.3::6 | In general, with exceptions, appellate courts cannot review a trial record until the trial has ended with a *final judgment*. Once the appellate court has made its review, it has the ability to take three actions. If it finds no compelling or prejudicial errors, it can **affirm** the judgment of the trial court, which ... | 2-2.3 | 2.3: The Court System | 6 | 3,207 | 3,834 |
2-2.3::7 | After remand, the trial court can take action that the appellate court cannot, such as adjust a sentence or order a new trial.
Some courts have only original jurisdiction, but most courts have a little of original and appellate jurisdiction. The US Supreme Court, for example, is primarily an appellate court with appel... | 2-2.3 | 2.3: The Court System | 7 | 3,835 | 4,458 |
2-2.3::8 | In all the other Cases before mentioned, the supreme Court shall have appellate jurisdiction.”
## Example of Original and Appellate Jurisdiction
Paulina is prosecuted for the attempted murder of Ariana. Paulina is represented by public defender Pedro. At Paulina’s trial, in spite of Pedro’s objections, the judge rule... | 2-2.3 | 2.3: The Court System | 8 | 4,459 | 5,106 |
2-2.3::9 | Pedro *can include* the case precedent in his appellate brief but *not the prohibited witness testimony*. The appellate court has the jurisdiction to hold that the objection was improperly overruled by the trial court, but is limited to reviewing the trial record for error. The appellate court *lacks* the jurisdiction ... | 2-2.3 | 2.3: The Court System | 9 | 5,107 | 5,709 |
2-2.3::10 | Other federal specialty courts do exist but are not discussed, such as bankruptcy court, tax court, and the court of military appeals.
The federal trial court is called the **United States District Court**. Large states like California have more than one district court, while smaller states may have only one. District... | 2-2.3 | 2.3: The Court System | 10 | 5,710 | 6,389 |
2-2.3::11 | This means that the intermediate appellate federal court *must* hear an appeal of the district court trial if there are sufficient grounds. The intermediate appellate court in the federal system is the **United States Court of Appeals**. There is less federal law than state law, so only thirteen US Courts of Appeals ex... | 2-2.3 | 2.3: The Court System | 11 | 6,390 | 7,131 |
2-2.3::12 | As noted in Chapter 1, the federal Constitution governs criminal trials, so *only a guilty defendant* can appeal. In general, with exceptions, appeal of a not-guilty verdict (also called an **acquittal**) violates a defendant’s double jeopardy protection.
After a Circuit Court appeal, the loser has one more opportunit... | 2-2.3 | 2.3: The Court System | 12 | 7,132 | 7,775 |
2-2.3::13 | The US Supreme Court is a **discretionary court**, meaning it does not have to hear appeals. Unlike the Circuit Courts, the US Supreme Court can pick and choose which appeals it wants to review. The method of applying for review with the US Supreme Court is called filing a petition for a **writ of certiorari**.
Any ca... | 2-2.3 | 2.3: The Court System | 13 | 7,777 | 8,314 |
2-2.3::14 | If the writ is denied, which it is the majority of the time, the ruling of the Circuit Court or state high court is the final ruling. For this reason, the US Supreme Court reverses many cases that are accepted for review. If the US Supreme Court wants to “affirm” the intermediate appellate court ruling, all it has to d... | 2-2.3 | 2.3: The Court System | 14 | 8,315 | 8,951 |
2-2.3::15 | **Small claims court** is a civil court designed to provide state citizens with a low-cost option to resolve disputes where the amount in controversy is minimal. A traditional small claims court only has the jurisdiction to award money damages. This means that it cannot adjudicate criminal matters or family court matte... | 2-2.3 | 2.3: The Court System | 15 | 8,952 | 9,640 |
2-2.3::16 | Small claims court proceedings are generally informal, and usually no court reporter types what is said. Therefore, no court record exits for appeal. Small claims court *appeals* are the exception to the general rule and are usually new trials where evidence is accepted.
States generally have a **state trial court** t... | 2-2.3 | 2.3: The Court System | 16 | 9,641 | 10,321 |
2-2.3::17 | States can, however, create “specialty courts” to hear special matters and free up the trial courts for basic criminal prosecutions and civil litigation trials. Some states divide their trial courts into lower and higher levels. The lower-level trial court adjudicates infractions and misdemeanors, along with civil laws... | 2-2.3 | 2.3: The Court System | 17 | 10,322 | 11,020 |
2-2.3::18 | The state courts of appeal provide appeals of right, meaning they *must* hear an appeal coming from the state’s trial court if adequate grounds are present. Appeals can be of any case adjudicated in the state trial court. In state criminal prosecutions, as stated earlier in the discussion of federal appeals, only a gui... | 2-2.3 | 2.3: The Court System | 18 | 11,021 | 11,698 |
2-2.3::19 | In states that have both intermediate and high-level appellate courts, the state supreme court is a discretionary court that gets to select the appeals it hears, very similar to the US Supreme Court. The state supreme court generally grants a petition for writ of certiorari, or a **petition for review**, if it decides ... | 2-2.3 | 2.3: The Court System | 19 | 11,699 | 12,179 |
2-2.3::20 | If review is granted and the state supreme court rules on the case, the loser has one more chance to appeal, *if there is a federal matter*, to the US Supreme Court.
Figure 2.7 Diagram of the Court System | 2-2.3 | 2.3: The Court System | 21 | 12,541 | 12,714 |
5-5.0::0 | *A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence…*
*- Fla. Stat. Ann. §776.013(4), cited in Section 5.3.3 "Defense of Habitation"*
*! | 5-5.0 | 5.0: Prelude to Criminal Defenses, Part 1 | 0 | 0 | 301 |
5-5.0::1 | [31630461f41c1ebdd9e9631294d00acd.jpg](https://biz.libretexts.org/@api/deki/files/8793/31630461f41c1ebdd9e9631294d00acd.jpg?revision=1)*
*Source: Image courtesy of Tara Storm.* | 5-5.0 | 5.0: Prelude to Criminal Defenses, Part 1 | 1 | 301 | 478 |
1-1.2::0 | ##### Learning Objective
1. Compare criminal law and criminal procedure.
This book focuses on **criminal law**, but it occasionally touches on issues of **criminal procedure**, so it is important to differentiate between the two.
Criminal law generally defines the *rights* and *obligations* of individuals in society... | 1-1.2 | 1.2: Criminal Law and Criminal Procedure | 0 | 0 | 685 |
1-1.2::1 | ## Example of Criminal Law Issues
Clara and Linda go on a shopping spree. Linda insists that they browse an expensive department store. Moments after they enter the lingerie department, Linda surreptitiously places a bra in her purse. Clara watches, horrified, but does not say anything, even though a security guard is... | 1-1.2 | 1.2: Criminal Law and Criminal Procedure | 1 | 687 | 1,236 |
1-1.2::2 | You learn the answer to issue (1) in Chapter 11 and issue (2) in Chapter 4 and Chapter 7.
## Example of Criminal Procedure Issues
Review the example in Section 1.2.1 "Example of Criminal Law Issues". Assume that Linda and Clara attempt to leave the store and an alarm is activated. Linda begins sprinting down the stre... | 1-1.2 | 1.2: Criminal Law and Criminal Procedure | 2 | 1,237 | 1,784 |
1-1.2::3 | Linda is treated at the hospital for her injury, and when she is released, Colin arrests her and transports her to the police station. He brings her to an isolated room and leaves her there alone. Twelve hours later, he reenters the room and begins questioning Linda. Linda immediately requests an attorney. Colin ignore... | 1-1.2 | 1.2: Criminal Law and Criminal Procedure | 3 | 1,785 | 2,445 |
1-1.2::4 | You learn the answer to this question in Chapter 5.
Figure 1.1 Criminal Law and Criminal Procedure
### KEY TAKEAWAY
* Criminal law generally defines the rights and obligations of individuals in society. Criminal procedure generally con... | 1-1.2 | 1.2: Criminal Law and Criminal Procedure | 5 | 2,656 | 3,049 |
3-3.6::0 | ##### Learning Objectives
1. Compare an inhumane procedure with disproportionate punishment under the Eighth Amendment.
2. Identify the most prevalent method of execution pursuant to the death penalty.
3. Ascertain crime(s) that merit capital punishment.
4. Identify three classifications of criminal defendants who can... | 3-3.6 | 3.6: Excessive Punishment | 0 | 0 | 603 |
3-3.6::1 | The prohibition against cruel and unusual punishment comes from the **Eighth Amendment**, which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” State constitutions often have similar provisions.Texas Constitution, art. I, § 13, accessed October 2... | 3-3.6 | 3.6: Excessive Punishment | 1 | 605 | 999 |
3-3.6::2 | Although the ban on cruel and unusual punishment relates directly to *sentencing*, which is a criminal *procedure* issue, criminal statutes mandating various penalties can be held unconstitutional under the Eighth Amendment just like statutes offending the due process clause, so a brief discussion is relevant to this c... | 3-3.6 | 3.6: Excessive Punishment | 2 | 1,000 | 1,472 |
3-3.6::3 | This has been held to violate the **Sixth Amendment**, which states, “In all criminal prosecutions, the accused shall enjoy the right to a…trial, by an impartial jury of the State and district wherein the crime shall have been committed.”
In this section, three issues are analyzed and discussed: the infliction of *cru... | 3-3.6 | 3.6: Excessive Punishment | 3 | 1,473 | 1,925 |
3-3.6::4 | ## Infliction of Cruel Punishment
In general, the government must refrain from inflicting cruel or barbaric punishments on criminal defendants in violation of the Eighth Amendment. In particular, cases asserting that a criminal punishment is inhumane often focus on **capital punishment**, which is the death penalty.
... | 3-3.6 | 3.6: Excessive Punishment | 4 | 1,927 | 2,561 |
3-3.6::5 | The first execution in America took place in 1608, for spying.Death Penalty Information Center, “Introduction to the Death Penalty,” deathpenaltyinfo.org website, accessed October 17, 2010, <http://www.deathpenaltyinfo.org/part-i-history-death-penalty>. Methods of execution and capital crimes varied from colony to colo... | 3-3.6 | 3.6: Excessive Punishment | 5 | 2,562 | 2,885 |
3-3.6::6 | In the late 1700s, a movement to abolish the death penalty began, and in 1846 Michigan was the first state to eliminate the death penalty for all crimes except treason.Death Penalty Information Center, “Introduction to the Death Penalty,” deathpenaltyinfo.org website, accessed October 17, 2010, <http://www.deathpenalty... | 3-3.6 | 3.6: Excessive Punishment | 6 | 2,886 | 3,368 |
3-3.6::7 | Executions were at an all-time high in the 1930s.Death Penalty Information Center, “Introduction to the Death Penalty,” deathpenaltyinfo.org website, accessed October 17, 2010, <http://www.deathpenaltyinfo.org/part-i-history-death-penalty>. | 3-3.6 | 3.6: Excessive Punishment | 7 | 3,369 | 3,609 |
3-3.6::8 | However, in 1972, in the landmark decision of [*Furman v. Georgia*](http://scholar.google.com/scholar_case?case=3510234117314043073&q=Furman+v.+Georgia&hl=en&as_sdt=2,5&as_vis=1), 408 U.S. | 3-3.6 | 3.6: Excessive Punishment | 8 | 3,610 | 3,798 |
3-3.6::9 | 238 (1972), the US Supreme Court held that Georgia’s death penalty statute, which gave the jury complete discretion to sentence a criminal defendant to death, was *arbitrary* and therefore authorized *cruel and unusual* punishment in violation of the Eighth Amendment. This decision invalidated death penalty statutes in... | 3-3.6 | 3.6: Excessive Punishment | 9 | 3,799 | 4,133 |
3-3.6::10 | Later, in 1976, the US Supreme Court case of [*Gregg v. Georgia*](http://scholar.google.com/scholar_case?case=15950556903605745543&q=Gregg+v.+Georgia&hl=en&as_sdt=2,5&as_vis=1), 428 U.S. 153 (1976), affirmed the procedure of a bifurcated trial, separating the guilt phase from the penalty phase for death penalty cases. | 3-3.6 | 3.6: Excessive Punishment | 10 | 4,134 | 4,453 |
3-3.6::11 | *Gregg* also affirmed the death penalty’s constitutionality under the Eighth Amendment. Currently, thirty-four states and the federal government authorize the death penalty, while sixteen states and the District of Columbia do not.Death Penalty Information Center, “States with and without the Death Penalty,” deathpenal... | 3-3.6 | 3.6: Excessive Punishment | 11 | 4,454 | 5,063 |
3-3.6::12 | Throughout the history of the death penalty, many methods of execution have been employed, including shooting, hanging, electrocution, the gas chamber, and lethal injection. At the time of this writing, the law is in a state of flux as to which methods of execution are constitutional because many state and federal deci... | 3-3.6 | 3.6: Excessive Punishment | 12 | 5,064 | 5,679 |
3-3.6::13 | In a recent statement on this issue, the US Supreme Court in [*Baze v. Rees*](http://scholar.google.com/scholar_case?case=10752510346595419167&q=Baze+v.+Rees&hl=en&as_sdt=2,5), 128 S. Ct. 1520 (2008), held that Kentucky’s four-drug lethal injection procedure was *not* cruel and unusual punishment under the Eighth Amend... | 3-3.6 | 3.6: Excessive Punishment | 13 | 5,680 | 6,005 |
3-3.6::14 | In other states, including Missouri and Tennessee, federal courts using different facts have ruled the multidrug procedure *unconstitutional*.Death Penalty Information Center, “Lethal Injection: Constitutional Issue,” deathpenaltyinfo.org website, accessed October 14, 2010, <http://www.deathpenaltyinfo.org/lethal-injec... | 3-3.6 | 3.6: Excessive Punishment | 14 | 6,006 | 6,520 |
3-3.6::15 | However, it is clear that the law in this area is ripe for a definitive statement of constitutionality under the Eighth Amendment’s cruel and unusual punishment clause.
## Disproportionate Punishment
*Disproportionate punishment* is a different issue than inhumane punishment, but it is still within the parameters of ... | 3-3.6 | 3.6: Excessive Punishment | 15 | 6,521 | 7,107 |
3-3.6::16 | ## Capital Punishment as Disproportionate
Capital punishment can be disproportionate because it is too severe for the *crime* or because it is too severe for the *criminal defendant*.
## Examples of Capital Punishment That Is Disproportionate to the Crime
Death is the ultimate punishment, so it must be equivalent to... | 3-3.6 | 3.6: Excessive Punishment | 16 | 7,109 | 7,716 |
3-3.6::17 | In [*Coker v. Georgia*](http://scholar.google.com/scholar_case?case=13789703704209593383&q=Coker+v.+Georgia&hl=en&as_sdt=2,5), 433 U.S. 584 (1977), the Court held that capital punishment is disproportionate for the crime of raping an adult woman. | 3-3.6 | 3.6: Excessive Punishment | 17 | 7,717 | 7,963 |
3-3.6::18 | Many years later in [*Kennedy v. Louisiana*](http://scholar.google.com/scholar_case?case=12878561891643794711&q=Kennedy+v.+Louisiana&hl=en&as_sdt=2,5), 128 S. Ct. 2641 (2008), the Court extended the disproportionality principle to invalidate the death penalty for child rape. *Kennedy* maintained the distinction between... | 3-3.6 | 3.6: Excessive Punishment | 18 | 7,964 | 8,384 |
3-3.6::19 | The only crime against an individual that currently merits the death penalty is criminal homicide, which is the unlawful killing of one human being by another. Criminal homicide is discussed in detail in Chapter 9.
Figure 3.8 Crack the Code
## Examples of Capital Punishment That Are Disproportionate to the Criminal Defendant
Recent US Supreme Court precedent has targeted specific classification... | 3-3.6 | 3.6: Excessive Punishment | 20 | 8,796 | 9,186 |
3-3.6::21 | Recent cases hold that the death penalty is cruel and unusual punishment for a criminal defendant who was a *juvenile* when the crime was committed,*Roper v. Simmons*, 543 U.S. 551 (2005), accessed October 15, 2010, <http://scholar.google.com/scholar_case?case=16987406842050815187&hl=en&as_sdt=2&as_vis=1&oi=scholarr>. | 3-3.6 | 3.6: Excessive Punishment | 21 | 9,187 | 9,506 |
End of preview.
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.