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The Judicial Branch Unit 8 Part 1 The Judicial Branch

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I.Purpose of Courts A. Resolve legal disputes by applying the law to individual situations 1. Criminal law: the people vs. an individual 2. Civil law: an individual vs. an individual ***Please note that a legal individual does NOT have to be a human being. A legal individual can be an individual, a business, a corporation, a government agency.***

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B. Major players 1. Criminal law a. Prosecutorrepresents the people b. Defendant individual accused of breaking law 2. Civil law a. Plaintiff individual who was wronged b. Defendantindividual accused of wrongdoing 3. Judge a. Applies the law b. Instructs the jury c. Keeps proceedings fair and neutral d. May decide case if no jury 4. Jury a. Decides facts of case b. Determines innocence or guilt

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C.Precedent A ruling that sets guidelines for future similar cases D.Jurisdiction 1. Define: a courts right to hear a case 2. Original jurisdiction (aka: trial court) a. First time a case is heard b. Establishes facts of case/determines innocence or guilt 3. Appellate jurisdiction a. Higher court that reviews trial court decisions b. Does NOT retry the case; only determines if 1. Original proceedings were fair 2. Law was correctly applied

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E.State courts 1. Deal with state laws 2. Three levels a. Trial courts b. Appellate courts (aka courts of appeal) c. State supreme court (aka court of final appeal) 3. Cases may be appealed to the United States Supreme Court if a federal or constitutional issue is involved

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F.Federal Courts 1. Original jurisdiction over federal issues a. Federal laws b. Constitutional issues c. Resident of one state v. resident of another state d. Treaties e. Maritime issues f. Foreign govt. is involved g. US govt. is involved 2. Three levels a. Trial court (aka District Court) b. Appellate court (aka Court of Appeals) c. Supreme Court (aka Court of Final Appeal)

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II.The Federal Court System A. The Judiciary Act of 1789 Established the federal court system by dividing the country into federal judicial districts, creating district courts and courts of appeals

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B.District Courts 1. 94 across the country and US territories a. 89 throughout the states according to population distribution b. 1 each in 1. D.C. 2. Puerto Rico 3. Guam 4. US Virgin Islands 5. Mariana Islands 2. Original jurisdiction over federal cases 3. Territory District Courts also have original jurisdiction over local cases

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C.Courts of Appeals (aka Circuit Courts) 1. 13 across country a. 12 hear appeals from district courts b. 1 hears appeals from 1. Special courts like claims court, tax court, etc 2. Federal agencies like Office of Patents and Trademarks, Civil Service Commission, etc

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D.Federal Judges 1. Appointed by president a. Advisors recommend candidates b. Professional background c. Political/social views d. Collegiate career 2.Confirmed by Senate a.Judiciary committee b.holds hearings Professional background Political/social views Simple majority vote

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3.Life terms unless a.Death b.Resignation/retirement c.Impeachment 4. Balance rights of individual vs. common good

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Assignment: Pg. 310 #s 3, 4,5 Write the Question Pg. 311 Read the VMI Debate and answer the Questions to Consider and the You Be the Judge questions.

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Tomorrow: THE SUPREME COURT!!!

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9 Justice Appointed In Appointed By At Age John G. Roberts John G. Roberts (Chief Justice)Chief Justice 2005G. W. Bush 50 Elena Kagan 2010Obama Samuel A. Alito, Jr. 2006G. W. Bush 55 Antonin Scalia1986Reagan50 Anthony Kennedy1988Reagan52 Sonia Sotomayor2009Obama55 Clarence Thomas1991Bush43 Ruth Bader Ginsburg 1993Clinton60 Stephen Breyer1994Clinton56 Current (2010) salary for the Chief Justice is $223,500 per year, while the Associate Justices each make $213,900.

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15 John Roberts Elena Kagan Anthony Kennedy Ruth Bader Ginsburg Clarence Thomas Stephen Breyer Antonin Scalia Samuel Alito Sonia Sotomayor

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III.United States Supreme Court A. Judicial Review 1. Define: Power to overturn any Act of Congress or executive action the Court deems unconstitutional 2. Is it in the Constitution? Not specifically stated; however, the Constitution says the Court shall interpret the law

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3.Established by Marbury v. Madison (1803) a. Facts of the case: Marbury appointed to federal judgeship by outgoing Pres John Adams. New Pres Thomas Jefferson tells Secretary State Madison NOT to deliver letter of appointment (Marbury cant take his new job) Marbury sued in United States Supreme Court citing right to do so in Fed Jud Act of 1789 b. Justices considered both facts of case and law in question

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c.United States Supreme Court issued opinion: Marbury was legally appointed as federal judge and Sec State Madison should deliver letter BUT the part of the Fed Jud Act of 1789 that said the United States Supreme Court would hear this type of case is unconstitutional. The Constitution lists specific type cases the United States Supreme Court has original jurisdiction over. This was not one of them. SO, because that part of law was unconstitutional, Marbury shouldnt have sued in United States Supreme Court and United States Supreme Court doesnt have authority to make Madison deliver the letter.

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d.Precedent set: THE CONSTITUTION IS WHAT THE SUPREME COURT SAYS IT IS First time Court interpreted the Constitution to the extent of declaring part of a law unconstitutional. This put the Judicial Branch on equal footing with Legislative and Executive branches because the Court has the power to declare acts of the others unconstitutional. ***The US STILL has arguments over this issue!! Many people recognize this as constitutional, but many others say the Constitution is black and white and NOT subject to anyones interpretationincluding the United States Supreme Court

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B.Justices.. Review 1. Appointed by president a. Advisors recommend candidates b. Professional background c. Political/social views d. Collegiate career 2.Confirmed by Senate a.Judiciary committee holds hearings b.Professional background c.Political/social views d.Simple majority vote

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3.Life terms a. Death b. Resignation/retirement c. Impeachment 4.Why it matters!! Conservative presidents = conservative justices Liberal presidents = liberal justices Justices serve for years Justices interpret the Constitution; set precedent Those precedents affect all Americans

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C.Supreme Court Justices... 1. Calendar a. Term: first Monday in October end of June b. Sittings: 2-wk sessions when Justices hear cases then retire to decide opinions 2. Selecting cases a. Original jurisdiction casesmust hear these 1. State govt v state govt 2. Foreign rep a party in a case b. Appellate jurisdiction caseschoose to hear 1. Must deal with federal or constitutional issue 2. Must impact a majority of citizens

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Rule of Fourfour of the nine justices must agree to hear the individual case out of the 1000s of cases appealed to them. 3.Case is on the docket (aka a courts schedule or calendar) a.Briefs are submittedwritten summary of each lawyers side of the case b.Justices study lower court proceedings and briefs c.Oral arguments 1. Each side gets 30 minutes to argue 2. Justices get to ask questions

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4.Deliberations a. Chief Justice summarizes case and main point b. Group discussion, each presents views c. Justices votesimple majority wins 5. Opinions issued a. Define: written statement explaining ruling and reasons for reaching that decision b. Majority opinion: winning decision, sets precedent c. Concurring opinion: agree with majority opinion but for different reasons d. Dissenting opinion (aka minority opinion): disagree with majority opinion

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D.Factors influencing the Court 1. Constitutionfundamental law of US 2. Precedentare there past similar cases 3. Intentof the Constitution and law(s) in question 4. Social valueswhat is the current view of most Americans (will of the people) 5. Personal judicial philosophyto what extent should justices become involved in setting policy

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JUDICIAL PHILOSOPHY: An ongoing discussion in American politics about the extent to which justices/judges should involve themselves with setting policy. Judges dont make laws so how does a judge set policy? JUDICIAL ACTIVISM: the Judicial branch is an equal partner with the Legislative and Executive and should be actively involved in interpreting and applying laws. Strong belief in judicial review. JUDICIAL RESTRAINT: the Judicial branch should let the Legislative and Executive branches set policy and only get involved if that policy is a flagrant violation of Constitution. Not a strong belief in judicial review. *NEITHER VIEW IS LIBERAL OR CONSERVATIVE*

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E.Checks on the Court 1. Executive: pres appoints conservative or liberal justices/judges depending on his beliefs 2. Legislative: Senate confirms appointees based on its majoritys beliefs 3. Amendment process: a. How is this a check? United States Supreme Court makes decisions people REALLY dont like. People persuade Congress to propose a constitutional amendment. If ratified by the states, it nullifies the United States Supreme Court decision.

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b. Examples 1. Dred Scott (1857) decision: Slave was property and not free just because he had lived in a free state. As property, and not a US citizen, he had no right to sue in federal court. 14 th Amendment (1868) : Declared former slaves to be US citizens with all rights of citizenship. This amendment nullified the Dred Scott decision.

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Important Court Cases

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Dred Scott v Sanford

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Plessy v. Fergerson

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Brown v. Board of Education

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Roe v. Wade

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Abortion???? Flag burning???? Gay marriage???? Stem cell research???? *****PLEASE NOTE***** The president CANNOT propose a constitutional amendment. WHY??

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Types of Crime

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Two Levels of Crime A felony is formally defined within the United States justice system as A serious crime usually punishable by imprisonment for more than one year or by death. A felony is a broad term that encompasses the most serious or grave crimes a person can commit. The penalties for a felony are more severe than the penalties for a misdemeanor The following are examples of crimes that are considered to be felonies: Aggravated assault and battery Arson Burglary Grand theft or robbery Drug possession or sale Rape Murder 1.Felony

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Two Levels of Crime A misdemeanor is an offense for which a sentence to a term of imprisonment not normally in excess of one year. A misdemeanor is less serious than a felony and is punishable by fine or imprisonment in a city or county jail rather than in a prison. Misdemeanors are tried in the lower courts, such as municipal, police or justice courts. Typical misdemeanors include: petty theft disturbing the peace simple assault and battery drunk driving without injury to others drunkenness in public various traffic violations public nuisances. 2. Misdemeanor

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Difference between Felony and Misdemeanor In many cases, the distinction between a felony and a misdemeanor is a matter of degree. For example Aggravated assault, or threatening someone with serious bodily harm using a deadly weapon, is a felony. Simple assault, or a threat that doesn't involve a weapon, may be only a misdemeanor. Stealing a small amount of money or property is a misdemeanor, Possessing only a small amount of drugs may be considered a misdemeanor as well.

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Felony Grades Some jurisdictions also classify felonies into degrees or grades of seriousness. For example, felonies can be graded on a letter scale (Grade A felony) or on a degree scale (capital murder, first degree murder, second degree murder, etc.). Why Does the Definition of a Felony Matter? The difference in potential penalties is an important reason why the definition of a felony is so important. However, since aggravated misdemeanors can carry similar penalties to some felonies, this is not the only important distinction. There are several other factors that come into play that make the felony label important.

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Misdemeanor A misdemeanor is an offense for which a sentence to a term of imprisonment not in excess of one year may be imposed. A misdemeanor is less serious than a felony and is punishable by fine or imprisonment in a city or county jail rather than in a prison. Misdemeanors are tried in the lower courts, such as municipal, police or justice courts. Typical misdemeanors include: petty theft, disturbing the peace, simple assault and battery, drunk driving without injury to others, drunkenness in public, various traffic violations, public nuisances. The District Attorney may have discretion to charge some crimes as either a felony or a misdemeanor, depending on the circumstances.

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Misdemeanor Misdemeanors may be classified by level of seriousness. More serious misdemeanors carry harsher penalties. The classification of misdemeanors varies by jurisdiction and crime. Typically, when misdemeanors are classified into categories, a Class A misdemeanor is more severely punished than lower level Class B and even lower level Class C misdemeanors In the U.S. misdemeanors are divided into several classes according to their severity, with certain classes punishable by jail time and others carrying only a fine. When a statute does not specify the class, it is referred to as an unclassified misdemeanor. The classification of misdemeanors varies by jurisdiction and crime

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Crime Classifications and Definitions

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Personal/Violent Crimes: Part 1 offense Aggravated assault: Unlawfully attacking another person to inflict severe or aggravated bodily injury, usually accompanied by the use of a weapon or by other means likely to produce death or grave bodily harm. Attempted aggravated assault that involves the use or threat of use of a gun, knife or other weapon is included in this crime category because serious personal injury likely would result. Forcible rape: The carnal knowledge of a female forcibly and against her will. UCR (Uniform Crime Reporting) includes assaults and attempts to commit rape by force or threat of force but excludes statutory rape (without force) and other sex offenses. UCR collects data only on the rape of women. Murder: Killing a human in a willful and non-negligent manner. Robbery: Taking or attempting to take anything of value from a person by force or threat of force or violence.

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Property Crimes: Part 1 Offense Arson: Willfully or maliciously burning or attempting to burn, with or without intent to defraud, a house, public building, motor vehicle, aircraft or personal property. Burglary: Unlawfully entering a structure to commit a felony or theft. Forcible entry need not have occurred. Larceny-theft: Unlawfully taking property from another (e.g., stealing a bicycle, stealing automobile parts, shoplifting, pickpocketing) without force, violence or fraud. Attempted larcenies are included. Motor vehicle theft: The theft or attempted theft of a motor vehicle.

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Part II Offenses Curfew violation/loitering: Curfew violation sometime is classified as a status offense (one only juveniles can commit). Loitering involves spending an excessive amount of time in a particular location without being able to justify ones presence when questioned by authorities. Loitering frequently occurs in conjunction with curfew violations. Disorderly conduct: Acting in a manner potentially threatening to oneself or to other people. Disorderly conduct laws sometimes overlap with public drunkenness laws. Driving under the influence: Operating a motor vehicle while under the influence of alcohol or narcotics. Each state sets an acceptable blood-alcohol level for drivers. Drug law violations: Violating any local, state or federal drug law that prohibits the possession or sale of specific drugs or drug paraphernalia.

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Part II Offenses Embezzlement: Misappropriating money or property by a person entrusted with it for personal use and benefit. Fraud: The intentional deception by one party in order to wrongfully obtain possession or control of money, goods or specific rights belonging to an innocent party. Gambling: Violating any local, state or federal law that prohibits gambling. Forgery and counterfeiting: Forgery involves creating or altering a written document in such a way that another persons rights are compromised. Counterfeiting occurs when a person copies or imitates an item without authorization and passes off the copy as the genuine or original thing. While counterfeiting is most often associated with money, it also can be applied to designer clothing and accessories.

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Part II Offenses Liquor-law violations: Selling alcohol without a valid liquor-serving license or failing to check the identification of all people seeking to purchase alcohol on a premises. Offenses against the family (e.g., nonsupport): The failure of one or both parents to provide for their children. Prostitution and related offenses: Offering to exchange sexual favors for money, drugs or other goods or providing such favors. Public drunkenness: Being inebriated in public for an extended period of time. Blood- alcohol levels are set forth to govern such violations in each state. Laws also dictate when and where people may carry around alcohol in open containers. Runaways: States usually classify running away from home as a status offense that can be committed only by juveniles. The Justice Departments Amber Alert program seeks to help communities start searches for children when there is any suspicion they are in danger and have not left home voluntarily.Amber Alert

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Types of Defense Some of the common defenses that criminal defendants can raise to defend against criminal charges.

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I did not do it The Presumption of Innocence All people accused of a crime are legally presumed to be innocent until they are convicted, either in a trial or as a result of pleading guilty. This presumption means not only that the prosecutor must convince the jury of the defendant's guilt, but also that the defendant need not say or do anything in his own defense. A defendant may simply remain silent, not present any witnesses, and argue that the prosecutor failed to prove his or her case. If the prosecutor can't convince the jury that the defendant is guilty, the defendant goes free.

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Reasonable Doubt The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is in fact reasonable doubt.

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The Alibi Defense An alibi defense consists of evidence that a defendant was somewhere other than the scene of the crime at the time it was committed. For example, assume that Freddie is accused of committing a burglary on Elm Street at midnight on Friday, September 13. Freddie's alibi defense might consist of testimony that at the time of the burglary, Freddie was watching Casablanca at the Maple Street Cinema.

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The Defendant Did It, But... Sometimes a defendant can avoid punishment even if the prosecutor shows that that the defendant did, without a doubt, commit the act in question.

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Self-Defense Self-defense is a defense commonly asserted by someone charged with a crime of violence, such as battery (striking someone), assault with a deadly weapon, or murder. The defendant admits that he or she did in fact commit the crime, but claims that it was justified by the other person's threatening actions. The core issues in most self-defense cases are: Who was the aggressor? Was the defendant's belief that self-defense was necessary a reasonable one? If so, was the force used by the defendant also reasonable?

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The Insanity Defense The insanity defense is based on the principle that punishment is justified only if the defendant is capable of controlling his or her behavior and understanding that what he or she has done is wrong. Because some people suffering from a mental disorder are not capable of knowing or choosing right from wrong, the insanity defense prevents them from being criminally punished. Defendants found not guilty by reason of insanity are not automatically set free. They are usually confined to a mental institution until their sanity is established. These defendants can spend more time in a mental institution than they would have spent in prison had they been convicted.

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Under the Influence Defendants who commit crimes under the influence of drugs or alcohol sometimes argue that their mental functioning was so impaired that they cannot be held accountable for their actions. Generally, however, voluntary intoxication does not excuse criminal conduct. Defendants know (or should know) that alcohol and drugs affect mental functioning, and thus they should be held legally responsible if they commit crimes as a result of their voluntary use.

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Entrapment Entrapment occurs when the government induces a person to commit a crime and then tries to punish the person for committing it. However, if a judge or jury believes that a suspect was predisposed to commit the crime anyway, the suspect may be found guilty even if a government agent suggested the crime and helped the defendant to commit it. Entrapment defenses are therefore especially difficult for defendants with prior convictions for the same type of crime.