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CHAPTER 2
Important Aspects of the American Criminal Justice System
CHAPTER OUTLINE
I. Federalism
A. Shared power between states and federal government
B. Results in diversity of laws between jurisdictions
C. The Tenth Amendment and Individual Rights
II. Federalism and Evidence Law
A. Each state and federal government has its own separate law of evidence
B. The U.S. Constitution is the supreme law of the land
C. Federal rules of evidence have influenced state rules
III. State and Federal Criminal Jurisdiction
A. State and federal jurisdiction are separate
B. The Sex Offender Registration and Notification Act (SORNA)
C. Interstate Commerce Clause
D. Most crime is state crime
IV. Law Enforcement in American Federalism
A. America has federal, state, and local law enforcement agencies
B. America has over 16,000 separate law enforcement agencies
C. Prisoners of war and enemy combatants
V. American adversary system of justice
A. Courtroom battle between two sides
B. Trial judge is referee
VI. Adversarial conflict over what evidence is reliable, relevant, and competent
A. To be admissible, evidence must be reliable, relevant, and competent
B. Parties challenge the admissibility of an adversary’s evidence frequently on these three grounds
VII. The American criminal justice system is “accusatorial”
A. The state must establish guilt without coercing the defendant
B. Many countries use an “inquisitorial” system
VIII. Disclosing Information to the Adversary
A. Although the U.S. has an adversary system, under some circumstances, adversaries must provide their opponent with information about the case
B. The government must provide the defense with evidence tending to show the innocence of the accused (Brady Rule)
C. In certain situations, the defense must provide the prosecution with information (i.e., notice of alibi or insanity defense)
IX. Lost, Misplaced, or Destroyed Evidence
A. Government loss, misplacing, or destroying of important evidence can violate due process
B. Due process violated only when government has acted in bad faith and evidence was significant
X. Use of Perjured or False Evidence
A. If done by either side, it can result in civil or criminal liability and professional discipline if done by an attorney
B. Will result in a new trial if done by prosecution
XI. Civil Commitment: Evidence Needed to Commit a Person Who Might Be Violent
A. How commitment relates to criminal punishment
B. How civil commitments are used
C. The procedures used in commitments
CHAPTER SUMMARY
The U.S. Constitution establishes a form of government known as federalism. Government power is divided between the states and the federal government. This results in 51 separate sets of criminal laws, rules of evidence, courts, and law enforcement agencies. In spite of the variety of laws, the U.S. Constitution is the supreme law of the land, and any other law (including a rule of evidence) or government action that is inconsistent with the Constitution is null and void.
The federal courts utilize the Federal Rules of Evidence, which were initially adopted in 1975. Many state rules of evidence are modeled on the federal rules. The exception to the state and federal systems being separate is most evident in the Interstate Commerce Clause. The Supreme Court has held that Congress may even regulate production of certain products (e.g., Gonzales v. Reich) or activities (e.g., sex offender registration) often considered to be a state’s function.
America has over 16,000 law enforcement agencies; many of these are at the local level which investigates most of the crimes committed. Twenty-four million violent and property felonies are reported annually; it is estimated that 50 percent of violent crimes, such as rape, are underreported.
The American system of justice (both civil and criminal) is an adversary system. The two sides do not cooperate but actively challenge each other. The trial judge is the umpire or referee and enforces the rules of evidence and procedure. Each side attempts to present evidence favorable to its position and critical of the opponent’s position. Each side uses the rules of evidence to attempt to prevent the opponent from getting its evidence admitted. If evidence is admitted, the jury or judge is allowed to consider it. If it is not admitted, the judge or jury is not allowed to learn of it. The American criminal justice system is also accusatorial. The government must prove guilt but may not coerce the defendant to confess or provide incriminating evidence.
In the adversary system, each side challenges the admissibility of evidence offered by the other side. They object to their opponent’s evidence primarily on the basis of three requirements for admissibility—relevance, reliability, and competence. Non-relevant evidence is not admissible, even though in some circumstances, relevant evidence can be excluded. Reliable evidence is evidence that is reasonably thought to be valid or true.
The Fry v. Pliler (2007) and Holmes v. South Carolina (2006) decisions established that persons have a Constitution right to present a complete defense. Even if evidence is relevant or reliable, it can still be excluded if it is deemed incompetent because some other rule makes it inadmissible
Although the system is an adversary one, under certain circumstances the law requires parties to disclose evidence to the opponent. For instance, the government must disclose evidence suggesting the defendant is innocent (Brady Rule). If the government loses, misplaces, or destroys important evidence, this can be a violation of due process if the government acted in bad faith and the evidence was significant to the defense.
If the government uses false or perjured testimony, this can result in civil or criminal liability for those involved. Such action will also require that the defendant get a new trial.
The American justice system has a number of characteristics not found in other countries, including the election of judges (only in America) and plea bargaining (very limited elsewhere).
KEY TERMS AND CONCEPTS
Federalism
State and federal jurisdiction
Adversary system
Accusatorial system
Inquisitorial system
Federal Rules of Evidence
Relevant evidence
Reliable evidence
Competent evidence
Admissible
Inadmissible
Brady rule
Exculpatory evidence
Sexual Offender Registration and Notification Act (SORNA)
Civil Commitment
DISCUSSION QUESTIONS
- These questions can be used for in-class group projects or online assignments.
1. Federalism is generally regarded as a compromise between the competing ideas of a strong central government and independently run state governments. Which government should have the ultimate decision power over disagreements between state a federal government? In your group, come to consensus on this issue and be able to articulate the rationale behind your decision. What were the determining factors that you considered?
2. State laws and state court rulings may provide additional rights to people of the state and to criminal defendants within that state, beyond those extended by the Constitution. In your group decide if you agree or disagree with additional rights beyond the Constitution being granted to people within a state. What do you see as the issues associated with people being treated differently within a criminal justice system based on which state they are in? What is the rationale behind your decision?
3. Under section 16913, all persons convicted under state sex offender laws are required to register in the state where they were convicted and any state to which they travel. Section 2250(a) then makes it a federal crime for a sex offender to travel to another state and fail to register as a sex offender in the arrival state. Do you feel that it is an unfair stigmatization and punishment for sexual offenders to have to continue to register with authorities (and the subsequent community notification requirements based on offender level) for the rest of their life? Why or why not? What factors did you take into consideration?
4. All fifty states have law enforcement agencies working at the state level of government. At the federal level are the federal law enforcement agencies created by Congress to enforce specific federal laws. If you had the authority to make such changes, would you prefer to operate under one set of laws, nation-wide, and eliminate the need for the various federal, state, county and city law enforcement agencies? Why or why not? What would be the advantages and disadvantages to such an arrangement?
5. Each adversary (prosecution and defense) seeks to present the facts that are most advantageous to its position. Each adversary also seeks to prevent and make it difficult for the opponent to do the same. Do you feel that this adversarial system may actually hinder the finding of the truth? Why or why not? Provide examples that support your decision.
STUDENT ACTIVITIES
- These projects can be used as class projects or online homework assignments.
1. Research the history of common law in the United States. Include in your research how it has influenced today’s criminal justice system and whether common law is still used today, and if so, in what capacity. List examples and provide at least three references.
2. Most European countries and other democracies of the world do not use the accusatorial system but use instead an inquisitorial system. Under the inquisitorial system, defendants do not have an absolute right to remain silent. Research the European system of criminal justice and respond to the following. List the benefits and drawbacks of using such a system in the United States. Which would be better at finding the truth? Why?
3. Many of the rules that compel disclosure apply to the prosecution, but some compel a defendant to disclose information to the prosecution. Do you feel that the rules of disclosure should be the same for both the prosecution and defense? Why or why not? What rationale are you basing your decision on? Provide three points for both sides of the question.
4. Under some circumstances civil commitment is authorized under state or federal statutes. Persons who present danger to themselves or others because of mental health problems or sexual predator histories are among those for whom statutory, civil commitment is authorized. Research your state’s requirements for civil commitment and contrast that with the requirements under federal law. Do you find significant differences? Which system, state or federal, do you feel is most appropriate? Why?
OTHER RESOURCES
1. For a more recent U.S. Supreme Court case on lost or destroyed evidence (that is consistent with Youngblood), see Illinois v. Fisher (2004): http://www.supremecourtus.gov/opinions/03pdf/03-374.pdf
2. For historical background, case decisions, Constitutional conflicts, and analyses of the Interstate Commerce Clause, see the University of Missouri-Kansas City website at: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/statecommerce.
3. For updated Federal Rules of Evidence, and the U.S. government Federal Court website ( www.uscourts.gov/rules/newrules4.html) or for decisions interpreting these rules see the Cornell University website (www.cornell.edu/rules/fre/rules.html)
4. For an overview of federal civil commitment requirements and case law, see the state of Virginia’s website at: http://dls.virginia.gov/GROUPS/HWI/meetings/061807/OVERVIEW.pdf
5. For information on the history and application of common law, see the Onecle article and the article listed at the Lectric Law Library site at: http://law.onecle.com/constitution/amendment-05/10-common-law-rule.html
http://www.lectlaw.com/def/c070.htm
6. For information on disclosure in criminal cases, see the information provided at the Citizens Information website (Provided by the Citizens Information Board) at: http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/disclosure_in_criminal_cases.html
7. For information on the inquisitorial justice system, see the Legal Articles Directory website at:
http://legal-articles.deysot.com/education-law/inquisitorial-vs.adversarial-systems.html
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