Criminal Law and Procedure Fifth Edition docx

Preface to the Fifth Edition xiiiAcknowledgments xvii About the Author xix Table of Cases xxi PART I CRIMINAL LAW 1 Introduction to the Legal System of the United States 3 Federalism

Criminal Law

Fifth Edition

Accounting and Financials for the Law Office • Administrative Law • Alternative Dispute Resolution • Bankruptcy Business Organizations/Corporations • Careers and Employment • Civil Litigation and Procedure • CLA Exam Preparation • Computer Applications in the Law Office • Constitutional Law • Contract Law • Court ReportingCriminal Law and Procedure • Document Preparation • Elder Law • Employment Law • Environmental Law • Ethics Evidence Law • Family Law • Health Care Law • Immigration Law • Intellectual Property • InternshipsInterviewing and Investigation • Introduction to Law • Introduction to Paralegalism • Juvenile Law • Law Office Management • Law Office Procedures • Legal Nurse Consulting • Legal Research, Writing, and Analysis • Legal Terminology • Legal Transcription • Media and Entertainment Law • Medical Malpractice LawProduct Liability • Real Estate Law • Reference Materials • Social Security • Sports Law • Torts and Personal Injury Law • Wills, Trusts, and Estate Administration • Workers' Compensation Law

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Criminal Law

Fifth Edition

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Preface to the Fifth Edition xiii

Acknowledgments xvii

About the Author xix

Table of Cases xxi

PART I

CRIMINAL LAW

1 Introduction to the Legal System

of the United States 3

Federalism 4

Separation of Powers 7

The Structure of the Court System 9

Duties and Powers of the Judicial Branch 14

Comparing Civil Law and Criminal Law 15

2 Introduction to Criminal Law 23

The Distinction between Criminal Law

and Criminal Procedure 24

The Authority of Government

Sources of Criminal Law 30

The Common Law 30 Statutory Law 37 Ordinances 37 Administrative Law 38 Court Rules 42 The Model Penal Code 42 Constitutional Law 43

Web Links 46Key Terms 46Review Questions 46Problems & Critical Thinking Exercises 47End Notes 47

3 The Two Essential Elements 49Mens Rea 50

Mens Rea and the Common Law 50 Strict Liability 56

Vicarious Liability 60 Current Approaches to Mens Rea 62 Proving Mens Rea 64

Motive 65

vii

Contents

Actus Reus 66

Voluntariness 66

Thoughts and Statements as Acts 68

Personal Status as an Act 68

Homicide and the Common Law 87

Statutory Approaches to Homicide 90

Manslaughter 95

The Model Penal Code Approach to Homicide 98

Life, Death, and Homicide 99

Suicide 100

Corpus Delicti 101

Assault and Battery 101

Aggravated Assault and Battery 102

Sex Offenses Against Children 107

Megan’s Laws, Commitment, and Castration 109

Kidnapping and False Imprisonment 110

5 Crimes Against Property and Habitation 121Arson 122

Burglary 123Theft Crimes 125

Introduction to Theft Crimes 125 Larceny 126

Embezzlement 128 False Pretenses 129 Receiving Stolen Property 132 Robbery 133

Extortion 135 Consolidated Theft Statutes 136 Identity Theft 137

The Model Penal Code Consolidation 139 Destruction of Property 140

Computer Crimes 141

Web Links 145Key Terms 146Review Questions 146Problems & Critical Thinking Exercises 146End Notes 147

6 Crimes Against the Public 149Defining a “Crime Against the Public” 150Crimes Against Public Morality 151

Prostitution and Solicitation 151 Deviate Sexual Conduct 151 Indecent Exposure and Lewdness 156 Obscenity 156

Regulating the Internet 159

Crimes Against the Public Order 163

Riot and Unlawful Assembly 164 Disturbing the Peace 164 Incitement/Advocacy of Unlawful Conduct 166

Threats 166

Vagrancy and Panhandling 168

Crimes Involving Firearms 168

Drug and Alcohol Crimes 171

Crimes Against the Administration

Crimes Against the Environment 200

Clean Water Act 201

Clean Air Act 201

Comprehensive Environmental Response,

Compensation and Liability Act 202

Resource Conservation and Recovery Act 202

Occupational Safety and Health Act 202

Toxic Substances Control Act 202

Federal Insecticide, Fungicide,

and Rodenticide Act 203

Emergency Planning and Community

Right-to-Know Act 203

Endangered Species Act 203

Marine Mammal Protection Act 203

8 Factual and Statutory Defenses 223

“Defense” Defined 224Affirmative Defenses 224Insanity 225

M’Naghten 226 Irresistible Impulse 227 Durham 227 The Model Penal Code Test 227 Guilty But Mentally Ill 228 Procedures of the Insanity Defense 228 Disposition of the Criminally Insane 229 Insanity at the Time of Trial 231

Duress and Necessity 232Use-of-Force Defenses 233

Self-Defense 233 Defense of Others 234 Defense of Property and Habitation 235 Imperfect Self-Defense 236

Arrests 236

Infancy 243Intoxication 244Mistake 244Entrapment 245Alibi and Consent 246Statutes of Limitation 246Web Links 248

Key Terms 249Review Questions 249Problems & Critical Thinking Exercises 249End Notes 250

9 Constitutional Defenses 251Introduction 252

Double Jeopardy 252

Self-incrimination and Immunity 255

Due Process and Equal Protection 256

Vagueness and Overbreadth 258

Ex Post Facto and Bills of Attainder 258

First Amendment and Religion 259

First Amendment and Speech 266

Privacy and other Unenumerated

10 Introduction and Participants 283

Criminal Procedure Defined 284

A Common-law, Adversarial, and Accusatorial

Exclusionary Rule and Exceptions 313

Fruit of the Poisonous Tree 313Standing 314

State Constitutions and the

“New Federalism” 315Web Links 322

Key Terms 322Review Questions 322Problems & Critical Thinking Exercises 323End Notes 323

12 Searches, Seizures, and Arrests 325The Fourth Amendment 326

Privacy 327 Probable Cause 336

Searches and Seizures 341

The Warrant Requirement 341 Exceptions to the Search Warrant Requirement 347

Arrest 373

Defining Arrest 373 The Warrant Preference 376 Arrests in Protected Areas 378 Search Incident to Arrest and the Protective Sweep 381 Executing Arrest Warrants 383

Illegal Arrests 384 Analyzing Fourth Amendment Problems 384

Web Links 388Key Terms 388Review Questions 388Problems & Critical Thinking Exercises 389End Notes 390

13 Interrogation and Other Law Enforcement Practices 393

Interrogations, Confessions, and Admissions 394

Miranda 394 Sixth Amendment 405 Voluntariness Requirement 405

Electronic Surveillance 405

Governing Statutes 407

Wiretaps 408

Tracking Devices 410

Stored Communications and Subscriber Records 419

Pen Registers and Trap Devices 420

Pretrial Identification Procedures 425

Lineups and One-Man Showups 426

The Fairness Right 426

Photographs 428

Scientific Identification Procedures 428

Exclusion of Improper Identifications 433

The Formal Charge 447

Indictment and Grand Jury 447

15 Trial 467Trial Rights of Defendants 468

The Right to a Jury Trial 468 The Right to a Public Trial 469 The Right to Confrontation and Cross-Examination 472 The Presumption of Innocence/Burden

of Proof 473 The Right to Speedy Trial 474 The Right to Counsel 476

Trial Procedure 480

Voir Dire 480 Preliminary Instructions 481 Opening Statements 482 The Prosecution’s Case in Chief 482 The Defense Case 482

Rebuttal 483 Closing Arguments 483 Final Instructions 483 Jury Deliberations and Verdict 483 JNOV/New Trial 484

Web Links 486Key Terms 486Review Questions 486Problems & Critical Thinking Exercises 487End Notes 487

16 Sentencing and Appeal 489Sentencing 490

Sentencing Procedure 490 Forms of Punishment 496 Habitual Offender Statutes 524

Postconviction Remedies 525

Appeal 525 Habeas Corpus 528

Index 591

Preface to the Fifth Edition

Like its four previous editions, Criminal Law and Procedure, 5th Edition, is a

comprehen-sive text covering both substantive criminal law and criminal procedure The importance of

constitutional law to these fields is emphasized, as are practical insights This book has been

designed for use in undergraduate programs in both legal studies and criminal justice

Organization of the Text

Because I don’t believe in fixing things that are not broken and because the reviewers and

users of this book have told me that it isn’t broken, I have retained the original

organiza-tion, content, and pedagogy in this edition This remains a combination textbook and

casebook The cases are edited and the text written with the undergraduate student in

mind It is my hope that the writing level of this book will challenge undergraduate

stu-dents without overwhelming them

All of the pedagogical features of the earlier editions have been retained,

includ-ing highlighted definitions, glossary of terms, table of cases, and a thorough index The

distinction between chapter questions and chapter problems continues in this text, the

former testing content knowledge and the latter testing the students’ problem-solving and

analytical skills

Keeping in mind the diverse audience of students and instructors who use this text, I

have designed two general methods of use The first is as a combination text and casebook

The second method is to omit the cases and use the text alone Both methods are possible

because I do not use any case to exclusively teach a point of law Instead, the cases are used

to illustrate a point in practice and to develop the cognitive skills of students Accordingly,

if time does not permit it or the educational goals of an instructor are focused elsewhere,

the cases may be omitted without losing substantive content

The first half of the text covers substantive criminal law, while the second half of the

text discusses both the constitutional dimensions of criminal procedure and the practical

dimensions of the criminal justice process

Key Features

Ethical Considerations that expose students to ethical questions in criminal law and general

ethical principles and laws that apply to players in the criminal justice system

Writing Style that challenges but does not overwhelm undergraduate students.

Key Terms that are in bold on first use and clearly defined in the margin.

Cases that reinforce content and promote the development of case analysis skills

Sidebars that can be used to spark class discussion and student interest in issues involving

the criminal justice system and criminal law

Exhibits that reinforce textual material and help illustrate important ideas.

Web Links that highlight websites that are germane to chapter materials.

Review Questions that call for content-related answers to reinforce and retain chapter

concepts

Chapter Problems that are intended to develop critical thinking and problem-solving

skills

Changes to the Fifth Edition

I have added new material and updated existing material to keep abreast of changes in both the law and the criminal justice disciplines The changes and additions include, inter alia, the following:

• Ethical Considerations is a new feature that appears in every chapter In this feature,

students are exposed to an ethical question in criminal law or a general ethical ciple or law that applies to a player in the criminal justice system

prin-• Recent developments in Fourth Amendment law are discussed, including the law

of seizure of passengers of stopped automobiles, high-speed police chases, and taps A discussion of how technology is impacting electronic searches, including the FBI’s new programs (Magic Lantern, Keystroke) aimed at preventing terrorism, was added

wire-• The Supreme Court’s decisions through early 2008 are covered, including, for

example, the lethal injection case (Baze v Rees [2008])

• New information on wiretaps, as well as a graph, has been added to the section on

terrorism, treason, and national security

• The discussion of terrorism (crimes and procedural questions) has been expanded in

several locations in the text

• All the data, including crime, courts, and law enforcement, has been updated.

• New illustrations and charts have been added to facilitate the students’ understanding

of the readings

• A note about case excerpts: To this author, there are three objectives of including

judicial opinions in a textbook The first is doctrinal: to teach the law The second is purely cognitive: to develop a reader’s analytical, and more specifically, legal reasoning skills The third is to develop the reader’s familiarity with the language and structure

of legal writing I consider all of these purposes when selecting cases, knowing that not every case will accomplish all three objectives In addition, the importance and impact

of a case, its age, the clarity of its language, and my ability to successfully edit it are considered I have taken some liberties in my editing Because ellipses can be distract-ing to the reader, many citations and footnotes were redacted without any indication

in the text The reader is advised to consult the appropriate official reporter for the

complete text

Please share any ideas you have for improvement of this book with either the publisher

or me

Ancillary Materials

• New to this edition, the accompanying Student CD-ROM provides additional material

to help students master the important concepts in the course

• Web page—Come visit our website at www.paralegal.delmar.cengage.com, where you

will find valuable information such as hot links and sample materials to download, as

well as other Delmar Cengage Learning products

paralegal.delmar.cengage.com in the Online CompanionTM section of the Website

accom-pany Introduction to Law allows you, as the instructor, to take learning beyond the

classroom This Online Courseware is designed to complement the text and benefit

students and instructors alike by helping to better manage your time, prepare for exams,

organize your notes, and more WebTutorTM allows you to extend your reach beyond the

classroom

• The new Instructor’s eResource CD-ROM provides instructors with all the tools they

need in one convenient CD-ROM Instructors will find that this resource provides them

with a turnkey solution to help them teach by making available PowerPoint® slides for

each chapter, an updated Computerized Test Bank and an updated Instructor’s Guide

that includes an outline of the material, answers to chapter questions and chapter

prob-lems, and a test bank of true/false and multiple choice questions All of these instructor

materials are also posted on our website, www.paralegal.delmar.cengage.com

Please note the Internet resources are of a time-sensitive nature and URL addresses

may often change or be deleted Contact us at delmar.paralegal@cengage.com

Acknowledgments

I would like to thank the acquisitions editor, Shelley Esposito and the developmental

editor, Anne Orgren, in seeing this project through to fruition The project has also

ben-efited from the outstanding editorial work of Deepti Narwat of International Typesetting

and Composition

Many of the changes in this edition are the result of the insightful and thoughtful

comments of the reviewers Thanks to each of the following individuals for taking the time

to review and comment on the text:

Robert Diotalevi, Esq., LL.M

Florida Gulf Coast University

Kay Rute, JD

Washburn University Topeka, KS

About the Author

A native of Indiana, Daniel E Hall is Dean of the Hamilton Campus and Professor of

Political Science at Miami University He was formerly chairperson of the Department of

Criminal Justice at the University of Toledo and Associate Professor of Criminal Justice

and Legal Studies at the University of Central Florida He has also held adjunct faculty

positions at the Barry University School of Law and the University of Evansville He earned

his B.S at Indiana University, J.D at Washburn University, and Ed.D at the University

of Central Florida In addition to experience as a defense attorney in the United States and

assistant attorney general of the Federated States of Micronesia, he has 13 years of

experi-ence teaching criminal law and procedure in higher education He has authored a dozen

journal articles and another dozen books, all on public law subjects Daniel has been

mar-ried to Stacey Lynn Hall since 1991 They live in Ross, Ohio, with their daughters, Grace

Kathryn and Eva Joan, and their golden retriever Atticus

Allen v United States, 483

American Library Association v Pataki, 163

Atwater v City of Lago Vista, et al., 379–381

Austin v United States, 518–519

Baldwin v New York, 487

Berkemer v McCarty, 398Betts v Brady, 479Bivens v Six Unknown Fed Narcotics Agents, 310, 390Blakely v Washington, 511

Blockburger v United States, 278Bolling v Sharpe, ?

Bond v United States, 333, 367Booth v Maryland, 492Bordenkircher v Hayes, 292Bouie v City of Columbia, 77Bowers v Hardwick, 119, 153, 155, 276Boykin v Alabama, 453

Brady v Maryland, 205, 303, 458–459Brandenburg v Ohio, 208

Brendlin v California, 373, 374–375Briggs v Maryland, 142–144Brigham City v Stuart, 359Broadrick v Oklahoma, 161Brooks v Tennessee, 487Brower v County of Inyo, [ch 8], ?Brown v Allen, 528

Brown v Mississippi, 436Brown v Texas, 390Browning-Ferris Industries of Vt., Inc v Kelco Disposal, Inc., 521Burch v Louisiana, 487

Burdeau v McDowell, 323Burgett v Texas, 487Burns v Reed, 304

California v Acevedo, 369–370California v Ciraolo, 390California v Greenwood, 320Callins v Collins, 399, 497–498Camara v Municipal Court of City and County of San Francisco, 365Campbell v Sundquist, 154

Capitol News Co v Metropolitan Government, 207Carey v Musladin, 487

Carroll v United States, 368, 390Carson v United States, 53–54Casey v Planned Parenthood of Southeastern Pennsylvania, 274–275Chambers v Mahoney, 390

Champlinsky v New Hampshire, 208Chandler v Miller, 365

Cheek v United States, 180Chimel v California, 357, 358–359

Church of Lukumi Babalu Aye, Inc v Hialeah, 259–262

City of Indianapolis v Edmond, 364–367

City of Little Falls v Edwin George Witucki, 165–166

Connally v General Construction Co., 279

Coolidge v New Hampshire, 351–352, 390

Cooper v California, 320

Cooper v Oklahoma, 231

County of Riverside v McLaughlin, 441, 447

County of Sacramento v Lewis, 374

Cumbie v Singletary, 487

Cunningham v California, 487

Cuyler v Sullivan, 478

Daubert v Merrell Dow Pharmaceuticals, 428

Davis v United States, 436

Dudgeon v United Kingdom, 155

Dunaway v New York, 381

Durham v United States, 227

Dusky v United States, 250

Earl of Devonshire’s Case, 522

Escobedo v Illinois, 394Estelle v Williams, 487Estes v Texas, 469

Faretta v California, 479Fay v NOIA, 533Florida v Bostick, [ch 12], ?Florida v J.L., 337–339Florida v Royer, 354Florida v Wells, 367Florida v White, 390Ford v Wainwright, 250, 505Foucha v Louisiana, 231Frisbie v Collins, 391, 459Frye v United States, 428Furman v Georgia, 496

Gajewski v United States, 248Gargliano v State, 143Gebhard v State, 82Georgia v Randolph, 390Gerstein v Pugh, 466Gideon v Wainwright, 477, 478–479Ginsberg v New York, 163

Godfrey v Georgia, 505Goldschmitt v State, 533Gonzales v O Centro Espirita Beneficente Uniao do Vegetal, 262–264Gonzales v Raich, 7

Gore v United States, 522Graham v Connor, 237–238, 241Gregg v Georgia, 496, 505Griffin v Wisconsin, 533Griswold v Connecticut, 272, 323Gryczan v State, 154

Harmelin v Michigan, 504Harris v Coweta County, 239Helms v American Security Co., 48Hensley v Municipal Court, 533Henson, In re, 219

Herrera v Collins, 533Hiibel v Sixth Judicial District, 354Hill v California, 238

H.J., Inc v Northwestern Bell Telephone Co., 131–132

Jencks v United States, 422

“John Cleland’s Memoirs of a Woman of Pleasure” v Attorney General

Katz v United States, 327–328, 329, 331, 388

Keeler v Superior Court, 34–36

Labelle v State, 94–95, 119Lambert v California, 82Lawrence v Texas, 119, 152–155, 276Little Falls, City of v Witucki, 165–166Locket v Ohio, 496

Loving v Virginia, 279

Manson v Braithwaite, 436Manual Enterprises, Inc v Day, 207Mapp v Ohio, 308, 312–313Marbury v Madison, 7, 15Marsillett v State, 47Martin v Bissonette, 471Maryland v Buie, 357, 382–383Maryland v Craig, 487

Maryland v Dyson, 390Maryland v Garrison, 238Maryland v Wilson, 375, 390Massiah v United States, 436McCleskey v Kemp, 499McDonald v United States, 390McKane v Durston, 533McKeiver v Pennsylvania, 487Mempa v Rhay, 516

Michael M v Superior Court, 119Michigan State Police v Sitz, 363–364, 365Michigan v Chesternut, 398

Michigan v DeFillippo, 390Michigan v Jackson, 405Michigan v Long, 318, 356, 390Michigan v Sitz, 369

Michigan v Summers, 390Michigan v Tyler, 365Miller v California, 157, 160Mincey v Arizona, 359Minnesota v Carter, 330–332, 334, 335Minnesota v Dickerson, 355–357Minnesota v Johns, 331

Minnesota v Murphy, 398Minnesota v Olson, 330, 331, 332, 390Minnick v Mississippi, 401–402Miranda v Arizona, 308, 395–396, 481Missouri v Seibert, 402

M’Naghten’s Case, 250Monell v Department of Social Services, 304

Monell v New York City Department of Social Services, 304

Monge v California, 278

Mooney v Holohan, 466

Morissette v United States, 58

Nardone v United States, 323

New York v Belton, 390

New York v Burger, 332, 335, 365, 390

New York v Ferber, 160, 207

New York v Quarles, 436

North Carolina v Butler, 403

North v Walsh, 466

N.O.W v Scheidler, 147

O’Connor v Ortega, 332

Oliver v United States, 390

One 1958 Plymouth v Pennsylvania, 533

People v Superior Court, 119

People v Warner-Lambert Co., 61, 74–75

Porth v Templar, 533Posters ‘N’ Things, Ltd v United States, 175, 208Powell v Alabama, 476

Powell v Georgia, 152

Rakas v Illinois, 332, 334, 374R.A.V and Mitchell, 268R.A.V v City of St Paul, 269–270Rawlings v Kentucky, 331

Reno v ACLU, 159Rex v Higgins, 221Rex v Scofield, 221Reynolds v United States, 279Rhode Island v Innis, 399Richards v Wisconsin, 309, 347–349Richardson v United States, 134Richmond Newspapers, Inc v Virginia, 466Ring v Arizona, 512

Riverside, County of v McLaughlin, 441, 447Robinson v California, 68, 208, 501

Roe v Wade, 21, 99, 273–274, 279, 323Rogers v Tennessee, 75, 76–77

Romer v Evans, 155Roper v Simmons, 533Rosenberger v Rector and Visitors of Univ of Va, 161Roth v United States, 157, 207

Rummel v Estelle, 504, 522Ryder, In re, 78–79

Samson v California, 373San Juan Star Co., In re, 472Santobello v New York, 453Saucier v Katz, 240Schechter Poultry Corp v United States, 48Schmerber v California, 390, 430

Schneckloth v Bustamonte, 390Scott v Harris, 239–242Scott v Illinois, 477Scott v United States, 436Seling v Young, 109Shadwick v Tampa, 390Sherman v United States, 250Silverman v United States, 328Simmons v United States, 314Skinner v Railway Labor Executives’ Association, 365

Stealgald v United States, 391

Steve Jackson Games, Inc v United States Secret Service, 412–413

Thomas v Commonwealth of Kentucky, 167

Thornton v United States, 390

Torres v McLaughlin, 423

Touby v United States, 39, 40–41, 263

Treasury Employees v Von Raab, 365

Trop v Dulles, 504

Tucker v Fireman’s Fund Inc Co., 143

Union Pacific Railroad v Botsford, 279

United States ex rel Lujan v Gengler, 391

United States Telecom Ass’n v FCC, 419

United States v Armstrong, 290–294United States v Arvizu, 390

United States v Aulicino, 470United States v Avery, 487United States v Bajakajian, 520–523United States v Banks, 309

United States v Bassford, 390United States v Berrios, 293United States v Birkenstock, 82United States v Booker, 496, 511–512United States v Brantley, 208

United States v Brawner, 250United States v Brignoni-Ponce, 361–363United States v Broadhurst, 390

United States v Brooks, 472United States v Calandra, 466United States v Calley, 232, 233United States v Cardiff, 279United States v Carmany, 423United States v Carr, 334United States v Christine, 424United States v Clipper, 338United States v Conley, 423United States v Consuelo-Gonzalez, 514–515United States v Councilman, 436

United States v Cox, 466United States v DeBerry, 338United States v DeLuca, 469–472United States v Diecidue, 466United States v DiRe, 390United States v Dotterweich, 82United States v Drayton, 375, 390United States v Dreitzler, 278United States v Dunn, 360United States v Edmond, 470United States v Fawole, 423United States v Flores-Montano, 390United States v Forest, 411, 413, 414–416United States v Gaudin, 511

United States v Gordon, 333–336United States v Green, 533United States v Grimaud, 39–40United States v Grubbs, 390United States v Guglielmi, 207United States v Havens, 323

United States v Hernandez-Cuartas, 390

United States v Issacs, 424

United States v Jackson, 469

United States v Jacobsen, 390

United States v James Daniel Good Real Property, 517–518

United States v Kampbell, 390

United States v Knights, 372–373

United States v Knotts, 415

United States v Knowles, 82

United States v Leon, 309, 317–318, 340, 342, 389

United States v Lewis, 169

United States v Llerla Plaza, 436

United States v Locascio, 487

United States v Lopez, 7

United States v Ludwig, 339–340

United States v Mandujano, 466

United States v Marion, 487

United States v Martin Linen Supply Co., 278

United States v Martinez-Fuerte, 364, 375, 390

United States v Matlock, 350

United States v Mendenhall, 375, 390, 398

United States v Mezzanatto, 291

United States v Miller, 169

United States v Moore, 95

United States v Morrison, 7

United States v Newman, 487

United States v Ortiz, 390

United States v Patane, 403–404

United States v Place, 241, 365–366, 390

United States v Pompanio, 82

United States v Ramsey, 390

United States v Robinson, 357

United States v Rogers, 532

United States v Ross, 390

United States v Santarelli, 423–424

United States v Scarfo, 421–425

United States v Scheffer, 432–433

United States v Sturgill, 167

United States v Sun Myong Moon, 181

United States v Toscanino, 386–387

United States v Turpin, 366

United States v Tutino, 470

United States v Wade, 426–427

United States v Watson, 376

United States v Watts, 494

Vermont v Tonzola, 250Vernonia School Dist 47J v Acton, 365Virginia v Black, 272

Virginia v Moore, 319–320

Walder v United States, 323Washington v Glucksberg, 101Webster v Reproductive Health Services, 279Weeks v United States, 323

Weems v United States, 504Whack v State, 143Whren v United States, 320, 367, 368Williams v Florida, 250

Williams v Illinois, 517Wilson v Arkansas, 347, 380Wing Wong v United States, 533Winston v Lee, 431

Wisconsin v Mitchell, 270–272Wooley v Maynard, 161Wyoming v Houghton, 369

Ybarra v Illinois, 390Yick Wo v Hopkins, 292–293Young v Callahan, 475

Zemel v Rusk, 279Zurcher v Stanford Daily, 390

CHAPTER 1

Introduction to the Legal

System of the United States

Introduction

to the Legal System

of the United States

Federalism

Separation of Powers

The Structure of the Court System

Duties and Powers of the Judicial

• become familiar with the basic

consti-tutional structure of state and federal

governments with an emphasis on

how structure affects criminal law and

criminal justice administration

• become familiar with both civil and

criminal law with an emphasis on their

differing objectives and procedures

• examine the third branch of

govern-ment, the judiciary, in greater detail than the executive and legislative, including the structure of U.S courts and the authorities and duties of courts in criminal justice

C HAPTER O BJECTIVES

In this chapter, you should:

FEDERALISMBefore one can undertake learning criminal law or criminal procedure, a basic understand-ing of the legal system of the United States is necessary This can be a complex task, as criminal law and procedure are significantly influenced by federal and state constitutional law, the common law, and statutory law at both the federal and state levels It will be easier

to understand how these areas of law affect criminal law if we first explore the basic ture of American government

struc-The United States is divided into two sovereign forms of government—the ment of the United States and the governments of the many states This division of power

govern-is commonly known as federalgovern-ism It govern-is also common to refer to thgovern-is divgovern-ision as the vertical

division of power, as the national government rests above the state governments in chy in those areas where the constitution grants supremacy to the federal government The framers of the Constitution of the United States established these two levels of government

hierar-in an attempt to prevent the centralization of power, that is, too much power behierar-ing vested

in one group The belief that “absolute power corrupts absolutely” was the catalyst for the division of governmental power

At trial, a sidebar is a meeting between the judge and the attorneys, at

the judge’s bench, outside the hearing of the jury Sidebars are used to discuss issues that the jury is not permitted to hear In this text, sidebars will appear periodically These features contain information relevant to the subject being studied

In theory, the national government, commonly referred to as the federal government, and

the state governments each possess authority over citizens, as well as over particular policy areas, free from the interference of the other government (dual sovereignty) Most crimes fall into the jurisdiction of a state court alone, but there are small zones of authority that are exclusively federal as well In many instances when the authorities of both a state and the federal govern-ment are implicated, the two coordinate their investigations and prosecution This process, commonly known as cooperative federalism, is discussed more fully later in this chapter Determining what powers belong to the national government, as opposed to the states, is not always an easy task The framers of the Constitution intended to establish a limited federal (national) government That is, most governmental powers were to reside

in the states, with the federal government being limited to the powers expressly delegated

to it in the federal Constitution This principle is found in the Tenth Amendment, which reads, “The powers not delegated to the United States by the Constitution, nor prohibited

to it by the States, are reserved to the States respectively, or the people.”

What powers are delegated to the United States by the Constitution? There are several, including, but not limited to, the power to take the following actions:

1. Coin money, punish counterfeiters, and fix standards of weights and measures

2. Establish a post office and post roads

3. Promote the progress of science and useful arts by providing artists and scientists exclusive rights to their discoveries and writings

federalism

A system of political organization

with several different levels of

government (for example, city,

state, and national) coexisting

in the same area with the lower

levels having some independent

powers

s i d e b a r

4. Punish piracy and other crimes on the high seas.

5. Declare war and raise armies

6. Conduct diplomacy and foreign affairs

7. Regulate interstate and foreign commerce

8. Make laws necessary and proper for carrying into execution other powers expressly

granted in the Constitution

The last two of these powers—the regulation of interstate commerce and the making

of all necessary and proper laws—have proven to be significant sources of federal authority

Also important is the Supremacy Clause of Article VI, which provides that

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;

and all Treaties made, or which shall be made, under the Authority of the United States, shall be

the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing

in the Constitution or Laws of any State to the Contrary notwithstanding

Simply stated, the Supremacy Clause declares federal law, if valid, to be a higher form

of law than state law Of course, if the federal government attempts to regulate an area

belonging to the states, its law is invalid and the state law is controlling But if the federal

government possesses jurisdiction and a state enacts a conflicting law, the state law is

invalid This is not a common issue in criminal law, because state and federal laws rarely

conflict; rather, they are more likely to be parallel or complementary In such cases, a state

government and the federal government have concurrent jurisdiction (see Exhibit 1–1).

Keep in mind that the United States Constitution is the highest form of law in the

land It is the federal constitution that establishes the structure of our government You will

learn later the various duties of the judicial branch of government One duty is the

inter-pretation (determining what written law means) of statutes and constitutions The highest

court in the United States is the United States Supreme Court; as such, that Court is the

EXHIBIT 1–1 Federal and State Criminal Jurisdiction

Jurisdiction Jurisdiction Jurisdiction

1 States may regulate

for the health, safety,

and morals of their

citizens

2 Those acts that

involve a state

govern-ment, its officials and

property

Example: Murder; rape;

theft; driving under the

influence of a drug;

gambling

1 Those acts that fall into both federal and state jurisdictions Examples: Bank robbery

of a federally insured institution; an act of terrorism against the U.S that harms an individual, state property, or individual property

1 Crimes that are interstate in character

2 Crimes involving the government of the United States, including its officials and propertyExample: Murder of a federal official or murder

on federal land; state transportation of illegal item; interstate flight of a felon

inter-jurisdictionThe geographical area within which a court (or a public official) has the right and power to operate Or, the persons about whom and the subject matters about which a court has the right and power to make decisions that are legally binding.concurrent jurisdictionTwo or more courts having the power to adjudicate the same class of cases or the same matter

final word on what powers are exclusively federal or state, or concurrently held However, once the Supreme Court decides that an issue is exclusively under the control of state gov-ernments, then each state, through their judiciaries, has the final word on that issue.During the past 200 years, the Supreme Court has differed in its approach to federal-

ism Two general models can be identified, though Dual federalism refers to an approach

under which the states and federal government are viewed as coequals Under this approach, the Tenth Amendment is interpreted broadly and the Commerce Clause and the Necessary and Proper Clause are read narrowly The Tenth Amendment is interpreted

as an independent source of state powers, staking out policy areas upon which the national government cannot encroach

Another model, heirarchical federalism, positions the national government a supreme

Under this approach, the Commerce and Necessary and Proper Clauses are construed broadly The Tenth Amendment becomes a truism; that is, it reserves to the states only those powers the national government does not possess Accordingly, state jurisdiction decreases as federal jurisdiction expands

Cooperative federalism, which is not a third jurisdictional model, but instead a relational descriptor, is characterized by significant interaction between the states and federal govern-ment (and local forms of government) in an effort to effectively regulate and administer laws and programs Cooperative federalism is a product of the political branches, the executive and legislative, not legal (federalism) mandate The increased cooperation between state and fed-eral law enforcement agencies to fight the war against drugs in the 1980s and 1990s and the war against domestic terrorism in the 2000s are good examples of cooperative federalism.The Court has vacillated between the two models The dominant approach in recent decades has been heirarchical federalism This is not to say that the states are powerless In fact, one policy area over which the states have maintained considerable control is criminal law More than 90 percent of all crimes fall within the jurisdiction of the states, not the federal government However, the sphere of federal government power in criminal law is increasing This is because more acts are committed in, or are committed using an item that has traveled in, interstate commerce Acts that have traditionally been state-law crimes may today be federal crimes as well, if there is an interstate component to the act For example,

if carjacking, which is the state crime of robbery, is committed with a gun that has traveled

in interstate commerce, it is also a federal crime An act that harms an individual or erty invokes state jurisdiction If the same act can be characterized as terroristic, as defined

prop-by federal law, then federal jurisdiction and separate federal criminal liability may exist as well Drug trafficking, if interstate, is a violation of federal law and possibly multiple state laws Certain violations of civil liberties also invoke concurrent federal and state jurisdic-tion Which government will bring charges in these situations is more a political question than a legal one It is not a violation of double jeopardy for an individual to be tried and punished by both federal and state governments, even for the same act

Regardless of the expansion of federal jurisdiction, most crimes continue to fall within the exclusive jurisdiction of the states This is because one of the responsibilities of the states

is to regulate for the health and safety of its citizens This is known as the police power

Most murders, rapes, and thefts are state-law crimes A few policy areas belong exclusively

to the federal government Punishing counterfeiters is an example Although the expansion

of federal authority is likely to continue to increase, as people and goods become more national and international in character, the Supreme Court has reaffirmed the central role of

police power

The government’s right and

power to set up and enforce

laws to provide for the safety,

health, and general welfare of

the people

states in protecting people (police power) and it has conversely made it clear that a genuine

connection to interstate commerce or other federal authorities must exist for the federal

government to criminalize behavior

For example, the Supreme Court invalidated the Gun-Free Zone Act of 1990 because

it found no genuine connection between guns around schools and interstate commerce in

United States v Lopez, 514 U.S 549 (1995) and it invalidated the federal Violence Against

Women Act of 1994 in United States v Morrison because it found insufficient connection

between interstate commerce and rape However, a connection was found in the 2005 case

Gonzales v Raich, 545 U.S 1 (2005) In that case, the federal government’s prohibition of

the possession of marijuana, although state law allowed its possession and use for medical

purposes, was upheld The interstate nature of marijuana production and sales made for an

easy case of federal jurisdiction In fact, the plaintiffs conceded this point Their theory that

California’s law permitting limited use of marijuana should trump federal law failed, largely

because the federal government had a “rational basis” to believe that the state law would

undermine the intention of the federal law by providing a stream through which interstate

drug trafficing could occur

Note that local governments have not been mentioned so far This is because the

Constitution does not recognize the existence of local governments However, state

consti-tutions and laws establish local forms of government, such as counties, cities, and districts

These local entities are often empowered by state law with limited authority to create

crimi-nal law These laws, usually in the form of ordinances, are discussed in Chapter 2

The result of this division of power is that the states (as well as other jurisdictions, such

as the District of Columbia), the federal government, and local governments each have a

separate set of criminal laws For this reason, you must keep in mind that the principles you

will learn from this book are general in nature It is both impossible and pointless to teach

the specific laws of every jurisdiction of the United States in this textbook

SEPARATION OF POWERS

Another division of governmental power is known as separation of powers This is the

division of governmental power into three branches—the executive, legislative, and

judicial—making a horizontal division of power, just as federalism is the vertical

divi-sion (see Exhibit 1–2) Each branch is delegated certain functions that the other two may

not encroach upon The executive branch consists of the president of the United States,

the president’s staff, and the various administrative agencies that the president oversees

Generally, it is the duty of the executive branch to enforce the laws of the federal

govern-ment In criminal law, the executive branch investigates alleged violations of the law,

gath-ers the evidence necessary to prove that a violation has occurred, and brings violators before

the judicial branch for disposition The president does this through the various federal law

enforcement and administrative agencies

The legislative branch consists of the United States Congress, which creates the laws of

the United States Congressionally created laws are known as statutes Finally, the judicial

branch comprises the various federal courts of the land That branch is charged with the

administration of justice A more comprehensive discussion of the judicial branch follows

later in this chapter

separation of powersDivision of the federal government (and state governments) into legislative (lawmaking), judicial (law interpreting), and executive (law carrying out) branches

statute

A law passed by a legislature