Seminar: Introduction to the
US Legal System
Sari Laitinen | US Legal Counsel
September 15, 2015
US Legal System
•  Federalism = 50 state +1 federal legal
systems
US Political Science 101: Federalism
Themes: Separation of Powers & Checks and Balances
US Federal
Government
Legislative
Branch
Executive
Branch
Judicial Branch
Congress
President
US Supreme
Court
House of
Representatives
& Senate
(Statutes)
Cabinet &
Agencies
(Regulations)
State & Federal
Courts (case
law)
The Legislative Branch
US Supreme
Court
State
Supreme
Courts
State
Appellate
Courts
State
District
Courts
Federal
Appellate
Courts
Federal
District
Courts
•  Interpretation of
statutes & regs:
−  State and federal
−  Declare invalid?
•  Interpretation and
creation of case law
(precedent):
−  State and federal
−  COMMON LAW
Where do laws come from?
•  Case law precedent: federal court system and
50 state court systems.
•  Constitutions: federal and 50 state
constitutions
•  Statutes: federal legislature and 50 state
legislatures.
•  Regulations: federal executive branch agencies
and 50 state executive branch agencies.
Common Law – What does it mean?
•  Courts create new law.
•  Courts may declare statutes & regulations (by
legislative/executive branches) AND
government acts unconstitutional (=invalid) à
judicial review.
•  Stare Decisis: Courts are bound by how other
courts of equal or superior rank have
interpreted the law.
−  Unless something has changed to warrant
overruling a previous decision.
Federalism: Who gets to decide, state
or federal government?
•  US Constitution: Article I, Section 8:
−  Federal government has enumerated (=limited)
powers. It can do only what it is authorized to
do.
•  à Federal government: Limited powers.
•  à State governments: All other powers (except
federal powers).
•  Why do you think it was structured this way?
Federalism: Who gets to decide, state
or federal government?
•  Heart of Atlanta,
1964.
•  US v Windsor, 2013.
Federalism: Who gets to decide, state
or federal government?
•  Schechter Poultry
Corp v. US, 1935.
−  The Sick Chicken Case.
−  Federal Act regulated
slaughterhouses and
working conditions
under Commerce Clause.
• 
Among the eighteen charges against Schechter
Poultry were "the sale to a butcher of an unfit chicken”
and the sale of 2 uninspected chickens. Ten charges
were for violating codes requiring "straight killing."
Straight killing prohibited customers from selecting the
chickens they wanted; instead a customer had to
place his hand in the coop and select the first chicken
that came to hand. There was laughter during oral
arguments when Justice Sutherland asked, "Well
suppose however that all the chickens have gone over
to one end of the coop?
•  Katzenbach v
McClung, 1964.
−  Ollie’s Barbeque,
Alabama.
−  Served white customers
but only allowed take-out
orders for AfricanAmericans.
−  Federal Civil Rights Act
regulated discrimination
in places like restaurants
under Commerce Clause.
US Supreme Court (SCOTUS) US Supreme Court (SCOTUS)
•  Appointed by POTUS, with advice & consent of the Senate. •  Appointed for life. Why? •  Personal background widely known. •  Judicial review (Marbury v Madison, 1803). −  Power of the SCOTUS to declare government acts and laws invalid if they violate the US Constitution. −  All courts have this power. −  Conversely, individuals may challenge government acts and laws. −  Result: a “dynamic” & living Constitution. −  SCOTUS is the Pinal say on what the Constitution means.
Bill of Rights •  = First 10 amendments to the US Constitution. •  Purpose: Prevent government abuse of individuals. •  About half of the rights have to do with criminal procedure. Why? −  Belief that the greatest risk of government abuse lies in criminal matters: Police powers, indePinite detentions, police intimidation, torture, police brutality. •  Frequent judicial review of police actions. Bill of Rights – Due Process
•  5th Amendment: “No person shall …be deprived of life, liberty or property without due process of law. “ •  Due process: −  Court created common law. −  How government is permitted to exercise its power over individuals. −  Mechanism to prevent government abuse. −  Provides a check & balance against the executive branch under separation of powers. •  Procedural due process & substantive due process. −  Key concepts in constitutional analysis. Bill of Rights – Due Process Analysis
Is LLP
deprived?
Yes
No
What kind of
LLP interest?
The end.
Normal
Fundamental
Matthews
balancing
test
Need
compelling
state interest
Bill of Rights – Due Process Analysis
•  Crime control model: −  Tendency to limit due process rights. −  Results in more guilty and innocent being sent to jail? Crime
control
model
Due process
model
•  Due process model: −  Tendency to expand due process rights. −  Results in more guilty and innocent being set free? Bill of Rights – Due Process Analysis
•  Which model works better to advance goals of criminal justice system: − 
− 
− 
− 
− 
− 
Retain trust in the system? Deter crime? Get criminals off the street? Punish the guilty and not the innocent? Maintain public safety? Rehabilitate criminals? Do you agree: It is better that a guilty man be set free than to have 10 innocent men sit in jail. Bill of Rights – Criminal Procedure •  5th Amendment: “No person shall…be compelled in any criminal case to be a witness against himself.” •  Miranda v Arizona, 1964. Bill of Rights – Criminal Procedure •  Lessons from Miranda: −  A person cannot be compelled to incriminate himself or herself. −  When a person is in custody and being interrogated, procedural safeguards must be followed. −  Balancing of government interest against government abuse (coercion, intimidation, torture, force). −  Custody+interrogation=Miranda+voluntariness −  What happens to a confession obtained in violation of Miranda? −  BUT WAIT: Why is the right to an attorney included? Where did that come from? Bill of Rights – Criminal Procedure •  Miranda hypotheticals: −  Berghuis, 2010, & Salinas, 2014: −  Evidence that SCOTUS getting closer to crime control model. Bill of Rights – Criminal Procedure
•  Due process requires: −  The exclusionary rule. •  “The criminal will go free if the constable has blundered.” •  Evidence that police obtains in violation of a person’s constitutional rights cannot be used against the accused. −  Miranda violation. −  Illegal searches. −  Prosecution must turn over to defendant all exculpatory evidence in his/her possession (Brady motion). Bill of Rights – Criminal Procedure
Other rights in the Bill of Rights or created by the courts on criminal procedure: •  Right to a jury trial. •  Must prove guilt beyond a reasonable doubt. −  Innocent until proven guilty, utmost certainty. •  Right to a public trial. •  Right to confront accusers. •  Evidentiary rules on character evidence and hearsay. Bill of Rights – Plea Bargaining
•  NOT in the Bill of Rights, but SCOTUS has ruled it constitutional. •  Criminal process: Defendant is informed of the charges against him or her, and ask to plead guilty or not guilty. −  Not guilty: Goes to trial. −  Guilty: Likely the result of a plea bargain. •  Plea bargain = Agree to plead guilty if prosecutor agrees to reduced charges or not to recommend maximum sentence. •  Pros and cons? Bill of Rights – Freedom of Religion
•  First Amendment: “Congress shall make no law…
respecting an establishment of religion or prohibiting the free exercise thereof.” −  Establishment Clause. •  Focus on what government can and cannot do on religious matters. −  Free Exercise Clause. •  Focus on the rights of an individual to exercise their religion. •  Role of religion in American life (Table. Source: Pew Research Center.) Bill of Rights -­‐ Free Exercise Clause: Substantive Due Process Analysis
Is LLP
deprived?
Yes
No
What kind of
LLP interest?
The end.
Normal
Fundamental
Matthews
balancing
test
Need
compelling
state interest
Bill of Rights – Free Exercise Clause.
•  Church of Lukumi Babalu Aye v City of Hialeah, 1993 −  Facts. −  Analysis in light of the general rule. •  General Rule: •  So long as the purpose of the law is not to burden the exercise of a religion, a generally applicable valid law is OK regardless of its incidental effects on religion. •  However, if the purpose is found to burden the exercise of religion, courts will require a compelling state interest to uphold the law or government action. •  Hypotheticals. Bill of Rights – Establishment Clause.
•  Focus on what the government may and may not do with respect to religious matters. −  Separation of church and state. •  Lemon Test: •  Government action or law must have a secular legislative purpose; •  The primary or principal effect of the government action or law must be one that neither advances or inhibits religion (=neutrality); and •  The government action or law must not foster an excessive entanglement with religion. •  Hypotheticals. Thanks! •  Questions? (c) Sari Laitinen 2015.
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