Chapter 1 The Court System Section 2 Chapter 1 The Court System Section 2

Chapter 1Chapter 1The Court SystemThe Court SystemSection 2 Section 2

ObjectivesObjectives

I. Discuss our use of the Dual Court System (State v. Federal)

II. Civil and Criminal Trial ProceduresIII. Juvenile Court System and

Procedures

I. Dual Court System: Federal I. Dual Court System: Federal and State Courtsand State Courts

Federal Court SystemFederal Court System

Supreme Court

Appellate Court

US District Courts

Tier 1 US District Courts

Tier 2 US Appellate Courts

Tier 3 US Supreme Court

US District CourtsUS District Courts

Each State has at least 1 District Court.

US District CourtsUS District Courts

Each State has at least 1 District Court.

MA has 3- Worcester, Boston, Springfield

US District CourtsUS District Courts

Each State has at least 1 District Court.

MA has 3- Worcester, Boston, Springfield

US District Courts have original jurisdiction, meaning they hear cases first◦This is the Federal

Courthouse in Boston

Random Riddle 1Random Riddle 1

What gets whiter the dirtier it gets?

Random Riddle 1Random Riddle 1

What gets whiter the dirtier it gets?

US Court of AppealsUS Court of AppealsAppellate Court -

hears appeals and reviews cases from lower courts.

US Court of AppealsUS Court of AppealsAppellate Court -

hears appeals and reviews cases from lower courts.

Does not listen to witness testimony

No Jury

US Court of AppealsUS Court of AppealsAppellate Court -

hears appeals and reviews cases from lower courts.

Does not listen to witness testimony

No JuryDecide if lower

courts applied the law accurately

US Supreme CourtUS Supreme Court

The highest Court in the country.

Consists of the Chief Justice (John Roberts) and 8 associate justices.

Hear Cases that:◦Affect a wide range

of people.

Hear Cases that:◦Affect a wide range

of people.◦Involve the

Constitution

Hear Cases that:◦Affect a wide range

of people.◦Involve the

Constitution◦Lower courts

couldn’t agree.

Hear Cases that:◦Affect a wide range

of people.◦Involve the

Constitution◦Lower courts

couldn’t agree.◦Involve a State

Federal JurisdictionFederal Jurisdiction

Jurisdiction-a court’s power to hear a case and make a judgment.

Federal JurisdictionFederal Jurisdiction

Jurisdiction-a court’s power to hear a case and make a judgment.

The Federal Courts have jurisdiction in a number of cases.

Federal JurisdictionFederal Jurisdiction

Jurisdiction-a court’s power to hear a case and make a judgment.

The Federal Courts have jurisdiction in a number of cases.

Refer to page 16 in book

Random RiddleRandom Riddle

Q: Mary’s father has 5 daughters – Nana, Nene, Nini, Nono. What is the fifth daughters name?

Random RiddleRandom Riddle

Q: Mary’s father has 5 daughters – Nana, Nene, Nini, Nono. What is the fifth daughters name?

Interpreting the ConstitutionInterpreting the Constitution◦Plessy v. Ferguson- argued that segregation was against the 13th and 14th amendment.

Interpreting the ConstitutionInterpreting the Constitution◦Plessy v. Ferguson- argued that segregation was against the 13th and 14th amendment.

◦Roe v. Wade - argued that laws against abortion violated the 14th amendment which protects our rights to privacy under the due process clause. Jane Roe is a fictitious name.Norma Leah McCorvey.Henry Wade- Texas DA

Cases between Citizens in Cases between Citizens in Different StatesDifferent States

Money amount must be over $75,000

US or State is involvedUS or State is involved

This does not include actions between a state or citizen.

Illinois V. Caballes

State Court SystemState Court System

State Supreme Court

Appellate Court

Trial Courts•Local

•General•Juvenile

Tier 1◦Local Trial Courts◦General Trial Courts◦Juvenile Trial Courts

Tier 2◦Court of Appeals

Tier 3 ◦State Supreme Court

Random Thoughts by Mitch Random Thoughts by Mitch HedbergHedberg

 “An escalator can never break: it can only become stairs. You would never see an Escalator Temporarily Out Of Order sign, just Escalator Temporarily Stairs. Sorry for the convenience.”

Local and General Trial CourtsLocal and General Trial Courts

Local Trial Courts- hear small cases like traffic offenses and money disputes

Local and General Trial CourtsLocal and General Trial Courts

Local Trial Courts- hear small cases like traffic offenses and money disputes

General Trial Courts- hear state criminal cases.

Local and General Trial CourtsLocal and General Trial Courts

Local Trial Courts- hear small cases like traffic offenses and money disputes

General Trial Courts- hear state criminal cases.

Juvenile Courts- hear cases of minors

State Appellate and Supreme Courts

Jurisdictions are similar to Federal Appellate and Supreme courts.

Check your IQCheck your IQ

I'm a male. If Albert's son is my son's father, what is the relationship between Albert and me

Check your IQCheck your IQ

I'm a male. If Albert's son is my son's father, what is the relationship between Albert and me

Albert is my Father

II. Criminal v. Civil TrialsII. Criminal v. Civil TrialsCriminal Trials◦ Government v.

Defendant

Civil Trials◦ Plaintiff (citizen) v.

Defendant

II. Criminal v. Civil TrialsII. Criminal v. Civil TrialsCriminal Trials◦ Government v.

Defendant◦ More Protection for

Defendant.

Civil Trials◦ Plaintiff (citizen) v.

Defendant◦ Less Protection for

Defendant

II. Criminal v. Civil TrialsII. Criminal v. Civil TrialsCriminal Trials◦ Government v.

Defendant◦ More Protection for

Defendant. Stricter rules of evidence Burden of Proof-

Beyond a shadow of a doubt.

Civil Trials◦ Plaintiff (citizen) v.

Defendant◦ Less Protection for

Defendant Burden of Proof- By a

preponderance of evidence.

Is evidence more likely true then not

II. Criminal v. Civil TrialsII. Criminal v. Civil TrialsCriminal Trials◦ Government v.

Defendant◦ More Protection for

Defendant. Stricter rules of evidence Burden of Proof-

Beyond a shadow of a doubt.

◦ Verdict- Guilt or Innocence.

Civil Trials◦ Plaintiff (citizen) v.

Defendant◦ Less Protection for

Defendant Stricter rules of evidence Burden of Proof- By a

preponderance of evidence. (more likely true then not)

◦ Verdict- Liable or not Liable

II. Criminal v. Civil TrialsII. Criminal v. Civil TrialsCriminal Trials◦ Government v.

Defendant◦ More Protection for

Defendant. Stricter rules of evidence Burden of Proof-

Beyond a shadow of a doubt.

◦ Verdict- Guilt or Innocence.

◦ Consequences-Fines, Incarceration, Court Supervision

Civil Trials◦ Plaintiff (citizen) v.

Defendant◦ Less Protection for

Defendant Stricter rules of evidence Burden of Proof- By a

preponderance of evidence. (more likely true then not)

◦ Verdict- Liable or not Liable

◦ Consequences-money damages, injunctions

III. Criminal Trial Procedure: III. Criminal Trial Procedure: 1. Arrest1. Arrest

Arrest-when a person is legally deprived of their freedom.

III. Criminal Trial Procedure: III. Criminal Trial Procedure: 1. Arrest1. Arrest

Arrest-when a person is legally deprived of their freedom.

Officer can arrest if:◦ They have a

warrant

III. Criminal Trial Procedure: III. Criminal Trial Procedure: 1. Arrest1. Arrest

Arrest-when a person is legally deprived of their freedom.

Officer can arrest if:◦ They have a

warrant.◦ Officer has a reason

to believe that the defendant is committing a crime

2. Rights of a Defendant2. Rights of a Defendant

Miranda RightsRight to Remain

Silent

2. Rights of a Defendant2. Rights of a Defendant

Miranda RightsRight to Remain

Silent

2. Rights of a Defendant2. Rights of a Defendant

Miranda RightsRight to Remain

SilentTo Know Reason

for arrest

2. Rights of a Defendant2. Rights of a Defendant

Miranda RightsRight to Remain

SilentTo Know Reason

for arrestName of Officer

2. Rights of a Defendant2. Rights of a Defendant

Miranda RightsRight to Remain

SilentTo Know Reason

for arrestName of OfficerTelephone use

2. Rights of a Defendant2. Rights of a Defendant

Miranda RightsRight to Remain

SilentTo Know Reason

for arrestName of OfficerTelephone useTalk with an

Attorney

2. Rights of a Defendant2. Rights of a DefendantMiranda RightsRight to Remain

SilentTo Know Reason for

arrestName of OfficerTelephone useTalk with an

AttorneyFair Trial and

presumed innocent

3. Search and Seizure3. Search and SeizureOfficer may search a

person or dwelling if:◦ Permission is given

3. Search and Seizure3. Search and SeizureOfficer may search a

person or dwelling if:◦ Permission is given◦ Search Warrant

3. Search and Seizure3. Search and SeizureOfficer may search a

person or dwelling if:◦ Permission is given◦ Search Warrant◦ Person is arrested (limited

search)

3. Search and Seizure3. Search and SeizureOfficer may search a

person or dwelling if:◦ Permission is given◦ Search Warrant◦ Person is arrested (limited

search)◦ Illegal items are in plain

view

3. Search and Seizure3. Search and SeizureOfficer may search a

person or dwelling if:◦ Permission is given◦ Search Warrant◦ Person is arrested (limited

search)◦ Illegal items are in plain

view◦ Schools officials can

conduct searches if it affects the safety and well being of those in the school.

4. Arraignment4. Arraignment

Arraignment-When defendant is read the indictment and is asked to enter their plea.

4. Arraignment4. Arraignment

Arraignment-When defendant is read the indictment and is asked to enter their plea.◦Indictment-A set of official charges◦Indictment can be determined by a prosecutor

or a Grand Jury

4. Arraignment4. Arraignment

Arraignment-When defendant is read the indictment and is asked to enter their plea.◦Indictment-A set of official charges◦Indictment can be determined by a prosecutor

or a Grand Jury◦Grand Jury-16-23 citizens called together to

determine if there is enough evidence to bring a case to trial

Random Riddle 2Random Riddle 2

Tom and his younger sister were fighting. Their mother was tired of the fighting, and decided to punish them by making them stand on the same piece of newspaper in such a way that they couldn't touch each other.

How did she accomplish this?

Random Riddle 2Random Riddle 2

Tom and his younger sister were fighting. Their mother was tired of the fighting, and decided to punish them by making them stand on the same piece of newspaper in such a way that they couldn't touch each other.

How did she accomplish this?

5. Trial5. Trial

1. Selection of Jury

5. Trial5. Trial

1. Selection of Jury2. Opening Statement

5. Trial5. Trial

1. Selection of Jury2. Opening Statement3. Introduction of Evidence

◦ Witness Testimonies◦ Deposition- out of court witness testimony

in written form◦ Bulk of Trial

5. Trial5. Trial

1. Selection of Jury2. Opening Statement3. Introduction of Evidence

◦ Witness Testimonies◦ Deposition- out of court witness testimony

in written form◦ Bulk of Trial

4. Closing Arguments

5. Trial5. Trial

1. Selection of Jury2. Opening Statement3. Introduction of Evidence

◦ Witness Testimonies◦ Deposition- out of court witness testimony

in written form◦ Bulk of Trial

4. Closing Arguments5. Instructions to the Jury

5. Trial5. Trial

1. Selection of Jury2. Opening Statement3. Introduction of Evidence

◦ Witness Testimonies◦ Deposition- out of court witness testimony

in written form◦ Bulk of Trial

4. Closing Arguments5. Instructions to the Jury6. Verdict

◦ Jury must be unanimous ◦ If not then it’s considered a “Hung Jury”

5. Trial5. Trial

1. Selection of Jury2. Opening Statement3. Introduction of Evidence

◦ Witness Testimonies◦ Deposition- out of court witness testimony

in written form◦ Bulk of Trial

4. Closing Arguments5. Instructions to the Jury6. Verdict

◦ Jury must be unanimous ◦ If not then it’s considered a “Hung Jury”

7. Sentencing

Random RiddleRandom Riddle

 If I have it, I don’t share it. If I share it, I don’t have it. What is it?

Random RiddleRandom Riddle

 If I have it, I don’t share it. If I share it, I don’t have it. What is it?

SentencingSentencing

Sentence- An appropriate punishment.

SentencingSentencing

Sentence- An appropriate punishment.

a. Fines

SentencingSentencing

Sentence- An appropriate punishment.

a. Finesb. Imprisonment

a. Mandatoryb. Indefinite: ex 5-10 yrs

SentencingSentencing

Sentence- An appropriate punishment.

a. Finesb. Imprisonment

a. Mandatoryb. Indefinite: ex 5-10 yrs

c. Death Penalty◦ 38 States carry it◦ Defendant cannot be

executed if: Under 18 Mentally Ill

Sentencing ContinuedSentencing Continued

d. Mitigating Factors◦ Information about the

defendant that can be presented to reduce the sentence

Sentencing ContinuedSentencing Continued

d. Mitigating Factors◦ Information about the

defendant that can be presented to reduce the sentence

Addictions Abused No prior history Nature of Criminal Act

Sentencing ContinuedSentencing Continued

e. Aggravating FactorsAny fact or circumstance that increases the severity or culpability of a criminal act.

Sentencing ContinuedSentencing Continued

e. Aggravating FactorsAny fact or circumstance that increases the severity or culpability of a criminal act.

Criminal Record (Recidivism)

Lack of Remorse Nature of Criminal Act

IV. Civil Trial ProceduresIV. Civil Trial Procedures1. Pleadings- the filing

of a complaint and summons by the plaintiff and defendant.

IV. Civil Trial ProceduresIV. Civil Trial Procedures1. Pleadings- the filing

of a complaint and summons by the plaintiff and defendant.◦ Complaint- A legal

document containing a short plain statement of plaintiff’s claim against the defendant.

IV. Civil Trial ProceduresIV. Civil Trial Procedures1. Pleadings- the filing

of a complaint and summons by the plaintiff and defendant.◦ Complaint- A legal

document containing a short plain statement of plaintiff’s claim against the defendant.

◦ Summons- informs the accused that a lawsuit has begun.

And the rest…..And the rest…..2. Methods of Discovery- Where all facts are

disclosed and issues in dispute become clearly identified.

And the rest…..And the rest…..2. Methods of Discovery- Where all facts are

disclosed and issues in dispute become clearly identified.

3. Pretrial Hearing- Judge meets with parties to go over the case in hopes of disposing of it before trial.

And the rest…..And the rest…..2. Methods of Discovery- Where all facts are

disclosed and issues in dispute become clearly identified.

3. Pretrial Hearing- Judge meets with parties to go over the case in hopes of disposing of it before trial.

4. Trial Procedures- Similar to Criminal Trial with these exceptions:

And the rest…..And the rest…..2. Methods of Discovery- Where all facts are

disclosed and issues in dispute become clearly identified.

3. Pretrial Hearing- Judge meets with parties to go over the case in hopes of disposing of it before trial.

4. Trial Procedures- Similar to Criminal Trial with these exceptions:◦Verdict-In Massachusetts, guilty verdict does not

have to be unanimous (5/6ths of the jury members must agree.

And the rest…..And the rest…..2. Methods of Discovery- Where all facts are

disclosed and issues in dispute become clearly identified.

3. Pretrial Hearing- Judge meets with parties to go over the case in hopes of disposing of it before trial.

4. Trial Procedures- Similar to Criminal Trial with these exceptions:◦Verdict-In Massachusetts, guilty verdict does not

have to be unanimous (5/6ths of the jury members must agree.

◦ Instead of Sentencing it’s a Judgment◦ Judgment- The courts determination of liability in a

case.

And the rest…..And the rest…..2. Methods of Discovery- Where all facts are

disclosed and issues in dispute become clearly identified.

3. Pretrial Hearing- Judge meets with parties to go over the case in hopes of disposing of it before trial.

4. Trial Procedures- Similar to Criminal Trial with these exceptions:◦Verdict-In Massachusetts, guilty verdict does not

have to be unanimous (5/6ths of the jury members must agree.

◦ Instead of Sentencing it’s a Judgment◦ Judgment- The courts determination of liability in a

case.

5. Execution of Judgment

Execution of Judgment- the carrying out of the judgment.

5. Execution of Judgment

Execution of Judgment- the carrying out of the judgment.

◦ The judge may order a sheriff to go claim property if that was the judgment.

V. Juvenile CourtV. Juvenile Court

1. Detention Hearing -a court hearing where the judge decides if there is reason to keep the accused in custody.

V. Juvenile CourtV. Juvenile Court

1. Detention Hearing -a court hearing where the judge decides if there is reason to keep the accused in custody.

2. Adjudicatory Hearing -Where the judge questions the offender, parents, witnesses, probation officer etc to determine the guilt or innocence of the juvenile.

Sentences for MinorsSentences for Minors Judge may impose 4

types of sentences:1. Probation

Sentences for MinorsSentences for Minors Judge may impose 4

types of sentences:1. Probation2. Foster home, reform

school or training where parents may be required to pay for the support.

Sentences for MinorsSentences for Minors Judge may impose 4

types of sentences:1. Probation2. Foster home, reform

school or training where parents may be required to pay for the support.

3. Juvenile Detention

Sentences for MinorsSentences for Minors Judge may impose 4

types of sentences:1. Probation2. Foster home, reform

school or training where parents may be required to pay for the support.

3. Juvenile Detention4. Community Service or

pay victims back for damage