Tuesday, October 27, 2009

Judges, Elections, and State Courts

For state high courts in Kansas, the state holds uncontested retention elections after an elected official's initial appointment. The same uncontested retention elections after the initial appointment are used in the intermediate appellate courts. Kansas selects trial court judges through different methods for different counties/districts - partisan, nonpartisan, or retention (American Bar Association).

Selecting judges through popular elections gives the people more of a say in the judicial system compared to judges being appointed. It is more democratic, and judges can't reach public office purely due to friendship with a high-ranking official that has the power to appoint someone to a position. By appointing judges through elections, the judge has to use discretion in his rulings - if he or she makes unfavorable rulings, re-election becomes much more difficult. Through election, the people are entitled to have a say in who does or does not become a judge, although this can also backfire - some voters might not be able to distinguish who is and is not a qualified and potentially effective candidate. Additionally, running for office can be very expensive, which can prevent some candidates from entering the election.

Kansas has a "basic" set up for its court systems. They have every standard method of courts and it flows normally as apposed to states like Nevada which do not have an Intermediate Appellate Court. Kansas has two trial level courts - Municipal and District - and two levels of appeals - Court of Appeals and the Kansas Supreme Court.

The locally funded Municipal Court handles most traffic infractions. There are no jury trials for the cases they oversee. The Municipal Court can be appealed to the District Court. There the bulk of cases are handled in the state. 243 judges oversee civil disputes and appeals, small claims, domestic relations, criminal felonies, misdemeanors and criminal appeals as well as several traffic infractions as well. Jury trials are held for most cases in this level, and generally just skipped in minor claims or the traffic violations. If appealed, it goes to the court of Appeals. There, the court review case that was previously in the District level. They don't normally hold trials, but instead go over the briefs of the previous trial to look for any fouls of conduct anywhere, research the law and publish their thoughts and ruling on the case. They can deny to hear a case for others of more importance or because they would not have the jurisdiction to give a ruling on it. In the latter, it'll be sent to the Supreme Court or the "Court of Last Resort." It's the highest ruling court in the state that has a large power of jurisdiction baring the state. Unless it expressly challenges one of the fundamental rulings of federal law, the court can hear it.

Aside from the municipal courts, the judicial branch of Kansas provides a website and overview to them. You can visit them here:

District Courts
Court of Appeals
Supreme Court


(Chart taken from the National Center for State Courts)

Chart Guide

A = Appeal from Administrative Agency

LJC = Limited Jurisdiction Court

GJC = General Jurisdiction Court

IAS = Intermediate Appellate Court

COLR = Court of Last Resort

Arrows = Route of Appeal

A 61 year old delivery man was kidnapped while delivering pizzas for Pizza Hut in northeast Kansas City. On the evening of October 12, 2009, the man went into an apartment complex where a woman in a towel answered. The man was then pushed in the back, forcing him to go into the apartment. While there he was robbed of twenty dollars while tape was applied to his eyes and mouth by the woman. The kidnappers later put him in the trunk of his own delivery car and dumped him, alive. Two males were taken into custody. One was an unnamed 18 year old Kansas City resident and the other was identified as Devon Wood. Vanesha Dillard was also arrested three days later. All three suspects are charged with robbery, kidnapping, auto tampering and armed criminal action (Swobota, 2009). This case will be heard in a court of general jurisdiction, more specifically the District Court which hears misdemeanor cases as well as exclusive felony cases.

A 66-year-old woman was arrested and charged with seven years in prison in November of 2006. Linda Kaufman and her husband, Arlan, were found guilty of forcing residents of their group home to do their work naked and also perform sex acts. During this abuse, the victims’ families were being billed for “therapy.” A U.S. District Judge in Wichita, KS, heard arguments on whether the sentence for the woman should be extended. An appellate court threw out the original sentence, claiming the trial judge should consider more factors of the case in the decision (New Vision Television).


American Bar Association. (n.d.). Fact sheet on judicial selection methods in the states. Retrieved October 26, 2009, from American Bar Association Website:
http://www.abanet.org/leadership/fact_sheet.pdf

New Vision Television. (n.d.). Judge mulls sentence of nurse over 'nude therapy'. Retrieved Octobe 26, 2009, from http://www.ksn.com/news/local/story/Judge-mulls-sentence-of-nurse-over-nude-therapy/KFUOXxjl1kiUYGsNjtTfqA.cspx

Swobota, V. (2009, October 20). Two charged in pizza delivery man's kidnapping. Retrieved Octobetr 26, 2009, from http://www.nbcactionnews.com/content/news/crime/story/Two-Charged-in-Pizza-Delivery-Man-s-Kidnapping/7h4mRU_Mmk-QTmT23XT0mA.cspx

Tuesday, October 13, 2009

The exclusionary rule, warrantless searches, and the Miranda warning

In 2004, Bradley Harrison was caught transporting 77 pounds of cocaine by a Canadian police officer. Although clearly guilty, it was ruled that the officer violated Harrison's rights for the stop and search he conducted, which he tried to justify by claiming there were issues with Harrison's license plate. Despite the improper procedure, it was decided that the exclusion of the evidence was unnecessary, and Harrison was sentenced to 5 years in prison in a ruling that would not have been possible in the American legal system (New York Times, 2008).

Although the exclusionary rule, which disallows evidence to be used if the evidence was collected improperly, seems to be a deterrent to police misconduct, it seems to be far too harsh and has the potential to be too large an impact on cases. The idea is appropriate, but its implementation is poor - something that could be easily supported by the fact that the United States has the only legal system of any country that immediately throws out evidence in the event of police misconduct. The exclusionary rule is important in that it provides protection from warrantless searches, but can also interfere with the justice system. It is an imperfect solution to the problem of violations with search and seizure - it can shield those who are guilty, but it also has no benefit to those who are innocent and have done nothing wrong in the first place.

On October 9, a federal judge ruled that evidence was obtained illegally in a case in which a van was caught illegally trafficking tobacco. The van was stopped by Kansas Highway Patrol to inspect for a commercial load, but the judge ruled that the search was not legal. The incident was examined and it was determined that the wholesale business was attempting to avoid paying cigarette taxes (Associated Press, 2009). The type of search was an automobile search, and it was most likely performed without a warrant because the highway patrol officer recognized something about the van and stopped the van at that moment to avoid missing the opportunity (Siegel, 2008). In the end, though, because the evidence was dismissed, the officer's efforts were not enough. (Image from tobaccocampaign.com)

The purpose of a Miranda warning is to protect a criminal suspect. After the court case of Miranda v. The State of Arizona in 1966, when arresting a criminal suspect, the party must be informed of all of his and her rights before an interrogation begins. Generally speaking, if a suspect is not informed of these rights before-hand then testimony given cannot be admissible in court cases. There are several exceptions of course which predominately were stated in case law later on, some of which include:

A witness becomes discovered by a criminal suspect’s testimony, which was not done properly or was ill-informed of their rights of interrogation can still be brought up in court.

Fairly straightforward, but think of Fred and Kelly going out shopping. Fred goes to the food court for thirty minutes, while Kelly continues browsing the stores. Kelly gets “caught” trying to steal $1500 USD worth of electronics and gets taken away by the police. When asked where she was, Kelly states she was with Fred the entire time. Kelly was never informed of her rights, but the prosecution has discovered a witness and that witnesses testimony is not affected by the failure to read off Kelly’s rights.

A witness must make an assertive claim of their rights in-order to stop questioning themselves. This ties in with two rules. The person must make the claim themselves and it must not be ambiguous.

Using the same scenario above, Kelly was now informed of all of her rights properly. She phones her parents about the arrest and they come down to the station where she is being questioned right away. They inform the police that they have hired an attorney for Kelly, however she did not specify that she wants it yet and so the questioning may continue. Down the line, she states, “Maybe I should speak to an attorney before I answer that” and the police coheres her saying it isn’t necessary. Because it was an ambiguous question/claim, she’s still forsaking her rights and not requesting an attorney at that time.

According to the Public Safety Doctrine, any suspect can be questioned on the field without a Miranda warning if the information sought for is relevant to public safety.

A robber goes into a supermarket and holds up a register. As he tries to leave the store, he’s tackled and padded down. During the pad down, the weapon he used was not found on his person, so it was discarded somewhere in the store. Since anybody in the store can find it, even children, it could endanger a lot more people. They may also contaminate the evidence, so the police may question the robber on the spot regarding it (Siegel, 2008). Information on the history of the Miranda warning can be found here.

References

Associated Press (2009). Judge tosses key evidence in Kan. tobacco trafficking case, rules search illegal. Retrieved October 20, 2009, from http://www.kfsm.com/sns-ap-ks--tobaccoindictment,0,7159605.story

New York Times (2008). American Exception - U.S. Is Alone in Rejecting All Evidence if Police Err. Retrieved October 13, 2009, from http://www.nytimes.com/2008/07/19/us/19exclude.html

Siegel, Larry J. (2008). Introduction to Criminal Justice. Belmont, CA: Wadsworth.