1. Important Aspects of the American Criminal Justice System
Chapter Two
Important Aspects of the American Criminal Justice System

2. FEDERALISM IN THE UNITED STATES
THE UNITED STATES USES A FORM OF GOVERNMENT CALLED FEDERALISM, WHICH WAS CREATED AT THE 1787 CONSTITUTIONAL CONVENTION IN PHILADELPHIA
What this means is that the Central Government has the power and authority to handle national problems and the STATES have the power to regulate local needs.

3. FEDERALISM IN THE UNITED STATES (Cont.)
FEDERALISM ALLOWS FOR DIVERSTIY AND FLEXABILITY AT STATE AND LOCAL LEVELS OF GOVERNMENT
UNDER AMERICAN FEDERALISM, STATES ARE RESPONSIBLE FOR PUBLIC SAFETY AND CAN ENACT LAWS THAT THEY BELIEVE ARE MOST EFFECTIVE IN PROVIDING FOR PUBLIC ORDER AND AN EFFICIENT, EFFECTIVE CRIMINAL JUSTICE SYSTEM

4. FEDERALISM AND THE LAW OF EVIDENCE
THE POWERS OF THE U.S. CONGRESS, THE PRESIDENT AND THE U.S. SUPREME COURT ARE LIMITED TO THOSE POWERS GRANTED IN THE CONSTITUTION
EACH STATE IS SOVEREIGN, AND THE OFFICIALS OF EACH STATE HAVE THE POWERS GRANTED TO THEM BY THE CONSTITUTION OF THAT STATE
EACH STATE HAS ITS OWN CRIMINAL CODES, AND EACH HAS ENACTED A CODE OF CRIMINAL PROCEDURE AND EVIDENCE

5. FEDERALISM AND THE LAW OF EVIDENCE (Cont.)
THESE CODES AND THE RULINGS OF STATE COURTS MUST CONFORM TO THE REQUIREMENTS OF THE U.S. CONSTITUTION
STATE LAWS AND STATE COURT RULINGS MAY PROVIDE ADDITIONAL RIGHTS TO THE PEOPLE OF THE STATE AND TO CRIMINAL DEFENDANTS WITHIN THE STATE, BEYOND THOSE EXTENDED BY THE CONSTITUTION
THE FEDERAL RULES OF EVIDENCE WAS ENACTED IN 1975 BY CONGRESS
MOST STATES HAVE ADOPTED RULES OF EVIDENCE ALMOST IDENTICAL TO THE FEDERAL RULES, WITH LOCAL MODIFICATIONS

6. FEDERALISM AND THE LAW OF EVIDENCE (Cont.)
EACH STATE RETAINS THE POWER TO INTERPRET AND MODIFY THOSE RULES OF EVIDENCE
THE MEANING AND APPLICATION OF THE FEDERAL RULES OF EVIDENCE CAN VARY BETWEEN FEDERAL COURTS AND STATE COURTS AND BETWEEN THE STATES
THE FEDERAL RULES OF EVIDENCE AND MOST STATE RULES OF EVIDENCE APPLY IN BOTH CIVIL AND CRIMINAL TRIALS
SOME RULES OR PARTS OF RULES MAY APPLY DIFFERENTLY IN CRIMINAL CASES

7. STATE AND FEDERAL JURISDICTION OVER CRIMES IN THE UNITED STATES
THE GREAT MAJORITY OF CRIMES COMMITTED IN THE UNITED STATES ARE VIOLATIONS OF STATE CRIMINAL CODES
SOME CRIMES ARE FEDERAL OFFENSES IN VIOLATION OF THE FEDERAL CRIMINAL CODE
A SMALL PERCENTAGE OF CRIMINAL OFFENSES ARE VIOLATIONS OF BOTH THE FEDERAL CRIMINAL CODE AND A STATE CRIMINAL CODE
THE U.S. CONSTITUTION DOES NOT GRANT TO THE FEDERAL GOVERNMENT A GENERAL POLICE POWER, NOR HAS THERE EVER BEEN FEDERAL CRIMINAL COMMON LAW

8. ALL FEDERAL CRIMES HAVE TO BE STATUTORY CRIMES ENACTED BY CONGRESS
STATE AND FEDERAL JURISDICTION OVER CRIMES IN THE UNITED STATES (Cont.)
ALL FEDERAL CRIMES HAVE TO BE STATUTORY CRIMES ENACTED BY CONGRESS
STATES HAVE GENERAL POLICE POWER TO REGULATE IN PROVIDING FOR DOMESTIC TRANQUILITY
COMMON LAW REFERS TO THE RULES DEVELOPED OVER YEARS BY COURTS AND JUDGES
CRIMINAL LAWS MAY BE ENACTED BY THE FEDERAL GOVERNMENT IN THE FOLLOWING AREAS:

9. TO REGULATE INTERSTATE AND FOREIGN COMMERCE TO PROTECT CIVIL RIGHTS
STATE AND FEDERAL JURISDICTION OVER CRIMES IN THE UNITED STATES (Cont.)
TO PROTECT ITSELF, ITS OFFICIALS AND EMPLOYEES, ITS PROPERTY AND THE ADMINISTRATION OF ITS AUTHORIZED FUNCTIONS
TO REGULATE INTERSTATE AND FOREIGN COMMERCE
TO PROTECT CIVIL RIGHTS
TO ENACT CRIMINAL LAWS FOR PLACES BEYOND THE JURISDICTION OF ANY STATE, SUCH AS THE DISTRICT OF COLUMBIA, FEDERAL TERRITORIES, AND FEDERAL ENCLAVES SUCH AS MILITARY BASES AND NATIONAL PARKS

10. LAW ENFORCEMENT IN THE AMERICAN FEDERAL SYSTEM
IN THE UNITED STATES, THERE ARE 17,000 LAW ENFORCEMENT AGENCIES
MOST ARE AT THE LOCAL LEVELS OF GOVERNMENT (CITIES, COUNTIES, TOWNS, ETC.)
LOCAL LAW ENFORCEMENT AGENCIES ENFORCE CITY AND COUNTY ORDINANCES IN ADDITION TO THE CRIMINAL LAWS OF THEIR STATE
STATE RULES OF EVIDENCE ARE USED IN BOTH MUNICIPAL AND STATE COURTS

11. LAW ENFORCEMENT IN THE AMERICAN FEDERAL SYSTEM (Cont.)
LAW ENFORCEMENT AGENCIES WORKING AT THE STATE LEVEL OF GOVERNMENT ARE GENERALLY CREATED BY STATE LAW TO ENFORCE STATE CRIMINAL LAWS OR TO ENFORCE HUNTING, FISHING, HEALTH, SANITITATION, FIRE AND OTHER STATE CODES

12. THE ADVERSARIAL SYSTEM
THE FUNCTION OF THE CRIMINAL TRIAL, IN THE AMERICAN COURT SYSTE, IS TO PROVIDE A VENUE (Location) FOR DETERMINING THE FACTS UPON WHICH THE GUILT OR INNOCENCE OF THE ACCUSED IS BASED
THE MAIN ACTORS AT THE TRIAL ARE THE JUDGE, THE JURY, THE PROSECUTOR AND THE DEFENSE ATTORNEY
IN THE AMERICAN ADVERSARY SYSTEM, THE PROSECUTOR AND THE DEFENSE ATTORNEY ASSUME AN ADVERSARIAL ROLE

13. THE AMERICAN ADVERSARY SYSTEM (Cont.)
EACH ADVERSARY (Prosecutor or Defense) HAS TWO GOALS:
TO PRESENT THE FACTS MOST ADVANTAGEOUS TO THEIR POSITION
TO PREVENT AND MAKE IT DIFFICULT FOR THEIR OPPONENT TO DO THE SAME
THE PROSECUTOR ATTEMPTS TO HAVE THE DEFENDANT FOUND GUILTY BEYOND A REASONABLE DOUBT BY A UNANIMOUS JURY
THE DEFENSE COUNSEL’S DUTY IS TO REPRESENT HIS CLIENT ZEALOUSLY WITHIN THE BOUNDS OF LAW
THE TRIAL JUDGE AND THE JURY COME TO THE TRIAL UNCOMMITTED and UNBIASED

14. THE AMERICAN ADVERSARY SYSTEM (Cont.)
WITNESSES AND EVIDENCE ARE PRESENTED WITHING THE FRAMEWORK OF THE RULES OF EVIDENCE AND THE RULES OF COURT PROCEDURE
WITNESSES ARE CROSS-EXAMINED AND EVIDENCE IS CHALLENGED
THE TRIAL JUDGE PRESIDES NEUTRALLY AT THE CRIMINALTRIAL AND HAS THE RESPONSIBILITY FOR SAFEGUARDING BOTH THE RIGHTS OF THE ACCUSED AND THE INTERESTS OF THE PUBLIC IN THE ADMINISTRATION OF CRIMINAL JUSTICE

15. THE AMERICAN ADVERSARY SYSTEM (Cont.)
THE DETERMINATION OF TRUTH IS THE FUCTION OF THE JURY
THE PURPOSE OF THE RULES OF EVIDENCE ARE TO ENSURE THAT EACH ADVERSARY’S VERSION OF THE TRUTH IS PUT BEFORE THE JURY BY RELEVENT, RELIABLE AND COMPETENT EVIDENCE

16. RELEVANT, RELIABLE AND COMPETENT
EACH ADVERSARY SEEKS TO PRESENT THE FACTS THAT ARE MOST ADVANTAGEOUS TO THEIR POSITION WHILE MAKING IT DIFFICULT FOR THEIR OPPONENT TO DO THE SAME
TO BE ADMISSIBLE IN COURT, EVIDENCE MUST BE:
RELEVANT, RELIABLE AND COMPETENT

17. RELEVANT EVIDENCE
RELEVANT EVIDENCE IS DIRECTED OR CIRCUMSTANTIAL EVIDENCE THAT HAS IS OF CONSEQUENCE TO THE DETERMINATION OF THE ACTION MORE PROBATIVE OR LESS PROBATIVE THAN IT WOULD BE WITHOUT THE EVIDENCE
RULE 403 OF THE FEDERAL RULES, SOMETIMES REFERRED TO AS THE LEGALLY RELEVANT TEST, ALLOWS FOR RELEVANT EVIDENCE TO BE EXCLUDED IF IT MAY (1) UNFAIRLY PREJUDICE A PARTY, (2) CONFUSE THE JURY OR (3) WASTE THE COURT’S TIME

18. RELIABLE EVIDENCE
RELIABLE EVIDENCE IS EVIDENCE THAT POSSESSES A SUFFICIENT DEGREE OF BELIEVABILITY
UNRELIABLE EVIDENCE IS INADMISSIBLE
RELIABLE AND ADMISSIBLE EVIDENCE IS NEEDED TO JUSTIFY CHARGING A PERSON WITH A CRIME
EACH STATE HAS AUTHORITY TO COMMENCE A CRIMINAL PROSECUTION IF SUFFICIENT EVIDENCE IS AVAILABLE TO JUSTIFY THE CRIMINAL CHARGE

19. RELIABLE EVIDENCE (Cont.)
EACH STATE HAS THE POWER TO DETERMINE WHAT SHALL BE AN OFFENSE AGAINST ITS AUTHORITY AND TO PUNISH SUCH OFFENSES
EACH STATE HAS ITS OWN CONSTITUTION, COURT SYSTEM AND OTHER GOVERNAMENTAL UNITS
STATES HAVE THE PRINCIPAL RESPONSIBILITY OF MAINTAINING PUBLIC ORDER WITHIN THEIR BOUNDARIES

20. COMPETENT EVIDENCE
COMPETENT EVIDENCE INCLUDES RELEVANT, RELIABLE EVIDENCE THAT IS NOT OTHERWISE RENDERED INADMISSIBLE
THE RULES OF EVIDENCE ARE DESIGNED AS COMPLEMENTS TO THE ADVERSARY SYSTEM
THE RULES OF EVIDENCE LIMITS THE TACTICS IN THE ADVERSARY SYSTEM SO THAT THE JURY WILL SEE AND HEAR ONLY THAT EVIDENCE WHICH PROPERLY SHOULD INFLUENCE ITS DELIBERATIONS

21. THE AMERICAN ACCUSATORIAL SYSTEM
THE UNITED STATES AND MOST OF THE ENGLISH-SPEAKING DEMOCRACIES IN THE WORLD USE THE ACCUSATORIAL SYSTEM IN CRIMINAL INVESTIGATIONS AND IN CRIMINAL TRIALS
UNDER THE ACCUSATORIAL SYSTEM, SUSPECTS AND DEFENDANTS HAVE AN ABSOLUTE RIGHT TO REMAIN SILENT ABOUT MATTERS THAT COULD INCRIMINATE THEM
MOST EUROPEAN COUNTRIES AND OTHER DEMOCRACIES OF THE WORLD USE THE INQUISITORIAL SYSTEM

22. THE INQUISITION!
UNDER THE INQUISITORIAL SYSTEM, DEFENDANTS DO NOT HAVE AN ABSOLUTE RIGHT TO REMAIN SILENT
CONTRIES USING THE INQUISITORIAL SYSTEM RELY MORE HEAVILY ON THE OBTAINING OF CONFESSIONS IN THE SOLVING OF CRIMES
In the past, as well as in some countries even today, the use of torture was used to induce confessions!

23. DISCLOSING INFORMATION IN THE ADVERSARY SYSTEM
WHEN A CRIMINAL CHARGE HAS BEEN MADE, THE PROSECUTION AND THE DEFENSE BEGIN SEPARATE INVESTIGATIONS OF THE FACTS
NEITHER THE PROSECUTION NOR THE DEFENSE IS INCLINED TO SHARE INFORMATION WITH THE OTHER SIDE DUE TO THEIR ADVERSARY POSITIONS
THE U.S. SUPREME COURT HAS PLACED LIMITS ON THIS UNWILLINGNESS TO SHARE INFORMATION
MANY OF THE RULES COMPELLING DISCLOSURE APPLY TO THE PROSECUTION, BUT SOME COMPEL A DEFENDANT TO DISCLOSE INFORMATION TO THE PROSECUTION – This is referred to as “Discovery”

24. NOTICE OF ALIBI STATUTES
BY USING THE ALIBI DEFENSE, THE DEFENDANT IS ALLEGING THAT HE OR SHE PHYSICALLY COULD NOT HAVE COMMITTED THE CRIME THAT IS CHARGED BECAUSE THE DEFENDANT WAS AT ANOTHER PLACE AT THE TIME THE CRIME WAS COMMITTED
MOST LIKELY ALL STATES HAVE NOTICE OF ALIBI STATUTES THAT REQUIRE DEFENDANTS WHO PLAN TO USE AN ALIBI DEFENSE TO SERVE NOTICE ON THE PROSECUTOR BEFORE TRIAL

25. NOTICE OF ALIBI STATUTES (Cont.)
IN 1973 THE U.S. SUPREME COURT HELD THAT IF A DEFENDANT IS COMPELLED TO DISCLOSE INFORMATION, THE STATE MUST MAKE SIMILAR DISCLOSURES SO THAT THE DISCOVERY IS A “TWO-WAY STREET.” (WARDIUS V. OREGON)
This is referred to also as “reciprocal Discovery”

26. EXCULPATORY EVIDENCE IS EVIDENCE THAT TENDS TO SHOW INNOCENCE
This is THE DUTY TO DISCLOSE EVIDENCE TENDING TO SHOW THE INNOCENCE OF AN ACCUSED
A PROSECUTOR HAS A DUTY TO DISCLOSE EVIDENCE FAVORABLE TO AN ACCUSED UPON REQUEST, WHERE THE EVIDENCE IS MATERIAL TO GUILT OR INNOCENCE
LAW ENFORCEMENT OFFICERS ARE PART OF THE PROSECUTION AND ALSO HAVE A DUTY OF DISCLOSURE

27. THE DUTY TO DISCLOSE EVIDENCE TENDING TO SHOW THE INNOCENCE OF AN ACCUSED (Cont.)
ALL STATES HAVE ENACTED STATUTES PROVIDING FOR THE DISCOVERY OF INFORMATION AND EVIDENCE BY DEFENSE LAWYERS
THE ACCUSED DOES NOT HAVE A RIGHT TO ALL INFORMATION AVAILABLE TO THE PROSECUTOR BUT DOES HAVE THE RIGHT TO INFORMATION AS PROVIDED BY THE STATUTES OF THE STATE AND TO INFORMATION REQUIRED UNDER THE BRADY RULE

28. The BRADY RULE
This defines the DUTY of the Prosecution and Police to DISCLOSE…
ANY EVIDENCE THAT WOULD TEND TO SHOW THE “INNOCENCE” of an Accused.
This is referred to as…
EXCULPATORY EVIDENCE

29. Impact of the Brady Rule
Brady v. Maryland
United States Supreme Court, 373, U.S. 83
83 S. Ct (1963)
Despite a “discovery” request from the defense, the prosecution withheld a statement by an accomplice admitting the killing of the victim, claiming that the defendant wanted to strangle the victim, and the accomplice wanted to shoot him.
The real issue was the “suppression” of the statement favorable to the accused upon request that information, violated due process since the evidence was material either to guilt or punishment

30. LOST, MISPLACED AND DESTROYED EVIDENCE
SOMETIMES EVIDENCE IS LOST, MISPLACED OR ACCIDENTALLY DESTROYED
For Example: AN ITEM OF CLOTHING OR OTHER POTENTIAL EVIDENCE CAN BE OVERLOOKED IN THE CONCERN TO RENDER MEDICAL ASSISTANCE TO THE VICTIM OR TO APPREHEND THE OFFENDER
THE U.S. SUPREME COURT ESTABLISHED RULES CONCERNING THE GOVERNMENT’S DUTY TO PRESERVE EVIDENCE

31. LOST, MISPLACED AND DESTROYED EVIDENCE (Cont.)
THE SUPREME COURT HELD THAT A VIOLATION OF DUE PROCESS HAS NOT OCCURRED UNLESS THE FOLLOWING IS SHOWN:
BAD FAITH ON THE PART OF THE POLICE OR OTHER LAW ENFORCEMENT OFFICIAL
THE EVIDENCE ALSO WOULD BE OF LIKELY SIGNIFICANCE TO THE DEFENDANT’S DEFENSE
IF A BRADY VIOLATION OCCURS, THE PENALTY WILL BE MORE SEVERE AND WILL PROBABLY LEAD TO A NEW TRIAL OR TO COMPLETE DISMISSAL OF THE CRIMINAL CHARGES

32. USE OF FALSE OR PERJURED EVIDENCE
THE DELIBERATE USE OF FALSE OR PERJURED EVIDENCE IN AN ATTEMPT TO OBTAIN A CRIMINAL CONVICTION IS A CRIME IN ITSELF
THIS CONDUCT COULD ALSO BE THE BASIS FOR A CIVIL LAWSUIT IN WHICH LARGE COMPENSATORY AND PUNITIVE DAMAGES COULD BE AWARDED
Mooney v Holohan 294 U.S. 103 (1935)
Miller v Pate 386 U.S. 1 (1967)