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Unit 3-Chapter 9
Chapter 9: Courts and the Case Process

The Two Systems of Criminal Courts | Judges and Judicial Independence | Criminal Lawyers | The Rights of Criminal Defendants | The Criminal Case Process | Using This Unit

The Two Systems of Criminal Courts

History of the Federal Judiciary Reference information about the judges, courts, and history of the federal judiciary since 1789. (Federal Judicial Center)
U.S. Courts Federal court information and links. It includes A Journalist’s Guide to the Federal Courts, which explains the court process.
Exploring Constitutional Conflicts: The Supreme Court in the American System of Government
State Court Web Sites Links to the home pages of state courts. (National Center for State Courts)
State Court Organization 1998 Detailed comparative data about state trial and appellate courts in the United States, including information on the number of courts and judges, judicial procedures, jury qualifications, and sentencing procedures of criminal cases. (Bureau of Justice Statistics)
Certiorari Explanation of certiorari.

Judges and Judicial Independence

Judicial Independence A short explanation and links. (Colorado State Courts)
Independence of the Judiciary Three articles on judicial independence. (CRF’s Bill of Rights in Action)
Code of Conduct For U.S. Judges The canons of ethics with commentary. (U.S. Courts)

Criminal Lawyers

Law Schools A listing of links to law schools. (HierosGamos)
American Legal Ethics Library Rules of conduct for lawyers. The library can be accessed by jurisdiction or by topic. (Legal Information Institute)
Bar Associations A listing of bar associations in North America. (HierosGamos)
Prosecuting Attorneys, District Attorneys, Attorneys General, and U.S. Attorneys Links to more than a thousand home pages of prosecutors’ offices. (Eaton County Prosecuting Attorney)
Yahoo Directory: District Attorneys
Google Directory: U.S. Prosecuting Attorneys
United States Attorneys A listing of the names, addresses, and web sites of U.S. attorneys and their offices. (U.S. Department of Justice)
Los Angeles County District Attorney The largest district attorney office in the nation.
U.S. Department of Justice Home page for the U.S. Department of Justice.
National Association of Criminal Defense Lawyers The major national organization of criminal defense attorneys.
Bad Lawyers in the Movies Long article by UCLA law professor Michael Asimow on how badly attorneys are portrayed in films. (Nova Law Review)
Escobedo v. Illinois (1964) U.S. Supreme Court case ruling that a criminal defendant has the right to have a lawyer present during police interrogation.
U.S. v. Wade (1967) U.S. Supreme Court case ruling that a criminal defendant has the right to have a lawyer present during a post-indictment lineup.
Indigent Defense: FAQs Questions and answers about indigent defense. (National Center for State Courts)
U.S. Supreme Court Cases on Indigent’s Right to Counsel:

Powell v. Alabama (1932) Death penalty cases.
Johnson v. Zerbst (1938) All federal cases.
Gideon v. Wainwright (1963) All felony cases in state court.
Argersinger v. Hamlin (1972) Any misdemeanor that could result in jail time.

The Crime Beat: The Right to an Attorney A short summary of the Gideon case and its impact. (Justice and Journalism)
Landmark Supreme Court Cases: Gideon v. Wainwright Resources and curriculum on the case. (Street Law)
Clarence Gideon Story A full-length examination of the Gideon case and its impact. (Court TV’s Crime Library)
Gideon at 40 Curriculum, resources, and links on the Gideon case. (National Association of Criminal Defense Lawyers)
Nix v. Whiteside (1986) U.S. Supreme Court case upholding rule that defense attorneys must report to the court if a defendant lies on the stand.
Wikipedia: Public Defender
Public Defenders on the Web A listing of public defender offices. (County of Orange)
n Guilty Men A 1997 University of Pennsylvania Law Review article exploring the philosophical quandaries of Blackstone’s famous maxim: “Better that 10 guilty persons escape than that one innocent suffer.”

The Rights of Criminal Defendants

Clause 2. Habeas Corpus Suspension Detailed explanation of this part of the Constitution and how cases have developed the law. (FindLaw)
Clause 3. No Bill of Attainder or ex post facto Law shall be passed Detailed explanation of this part of the Constitution and how cases have developed the law. (FindLaw)
Bill of Attainder A short explanation and links.
Wikipedia: Ex Post Facto Law
Oyez: Stogner v. California (2003)
Fourth Amendment The text of the Fourth Amendment along with links to all aspects of search and seizure law. (FindLaw)
“Search and Seizure” and the Fourth Amendment (FindLaw)
Wikipedia: Fourth Amendment
Encyclopedia of Everyday Law: Search and Seizure
Indictment by Grand Jury An explanation of this right under the Fifth Amendment and how cases have developed the law. (FindLaw)
Hurtado v. California (1884)
Double Jeopardy: A full explanation of this protection under the Fifth Amendment, including:

Development and Scope
Reprosecution Following Mistrial
Reprosecution Following Acquittal
Reprosecution Following Conviction
‘’For the Same Offence’‘

Wikipedia: Double jeopardy
Encyclopedia of Everyday Law: Double Jeopardy
Smith v. Massachusetts (2005)
Oyez: Smith v. Massachusetts
U.S. v. Lanza (1922)
Self-Incrimination: A full explanation of this protection under the Fifth Amendment, including:

Development and Scope
Confessions: Police Interrogation, Due Process, and Self- Incrimination

Fifth Amendment Right Against Self-Incrimination Short explanation. (FindLaw)
Griffin v. California (1965)
Wikipedia: Sixth Amendment
FindLaw: Sixth Amendment
FindLaw: Speedy Trial
Right to a Speedy Jury Trial Short explanation. (FindLaw)
Barker v. Wingo (1972)
FindLaw: Public Trial
Waller v. Georgia (1984)
Constitutional Conflicts: The Sixth Amendment Right to a Jury
FindLaw: Jury Trial
FindLaw: Impartial Jury
FindLaw: Place of Trial—Jury of the Vicinage
FindLaw: Notice of Accusation
FindLaw: Confrontation
Wikipedia: Crawford v. Washington
The Confrontation Clause Re-Rooted and Transformed (PDF file) Commentary on Crawford v. Washington. (Cato Institute)
FindLaw: Compulsory Process
FindLaw: Development of an Absolute Right to Counsel at Trial
FindLaw: Right to Assistance of Counsel in Nontrial Situations
The Crime Beat: The Right to an Attorney
FindLaw: The Right to Counsel
Encyclopedia of Everyday Law: Right To Counsel
Wikipedia: Eighth Amendment
FindLaw: Eighth Amendment
FindLaw: Excessive Bail
Stack v. Boyle (1951)
FindLaw: Excessive Fines
FindLaw: Cruel and Unusual Punishments

Style of Interpretation
“Cruel and Unusual Punishments”
Capital Punishment
Proportionality
Prisons and Punishment
Limitation of Clause to Criminal Punishment

Wilkerson v. Utah (1878)

FindLaw: Equal Protection of the Laws

Scope and Application
Judging Classifications by Law
Testing Facially Neutral Classifications Which Impact on Minorities
Police Power Regulation
Other Business and Employment Relations
Equal Protection and Race

Education
Juries
Capital Punishment

Poverty and Fundamental Interests

FindLaw: Due Process

Fifth Amendment

History and Scope
Procedural Due Process
Substantive Due Process

14th Amendment: Procedural Due Process—Criminal

Guilty Pleas; Prosecutorial Misconduct; Proof, Burden of Proof, and Presumptions; Sentencing; Problem of the Incompetent or Insane Defendant or Convict; Corrective Process: Appeals and Other Remedies

Rights of Prisoners; Probation and Parole; The Problem of the Juvenile Offender; The Problem of Civil Commitment

Encyclopedia of Everyday Law: Fifth Amendment

The Criminal Case Process

Wikipedia: Adversarial system An overview of the adversarial system, its history and features, and a comparison with the inquisitorial system.

Using This Unit

Anatomy of a Murder: A Trip Through Our Nation’s Legal Justice System A chronicle of a fictional defendant who faces murder charges. (ThinkQuest)
The Criminal Justice Process Summary of the process in New Jersey. (NJ Courts Online)
Anatomy of a Michigan Prosecution Step-by-step guide to a criminal case. (Eaton County Prosecuting Attorney )
Federal Rules of Criminal Procedure The rules for all stages of a criminal case in the federal system. (Legal Information Institute)