Unit 5 - Judicial Branch

Academic

I. Basic Structure

A. Established by Article III.

B. Meant to hear civil (lawsuits) and criminal law.

C. State courts have judicial system.

D. Cases flow in hierarchical system (top to bottom).

E. Some cases are heard by Supreme Court directly when they have jurisdiction.

F. Federal and state courts sometimes have concurrent jurisdiction.

G. Cases flow in hierarchical system (top to bottom).

1. Federal district judges are in major cities throughout the USA in what are called inferior courts.

2. Cases may be appealed or re-heard by a US Court of appeals.

3. Cases may then be heard by the Supreme Court.

Figure 16.1

The Structure of the Federal Judicial System

The Structure of the Federal Judicial System

• The Organization and Jurisdiction of the Courts

H. Supreme Court

1. Located in D.C.2. 8 associate justices and 1 Chief Justice

sit on the court.3. Justices are appointed by the president

and approved by the Senate.4. Justices sit on the bench until resignation

or death.5. It has the final say whether the law is

followed or if laws are constitutional.

Figure 16.4

6. Making Policy

– “Rule of four” – four justices must agree to hear case

– Writ of Certiorari – request case from lower court– Few cases are heard by the Supreme Court

Figure 16.5

– Lawyers may make oral argument– Court debates case– Whichever way the court votes will be expressed

in a majority opinion.– Losing side will write a minority or dissenting

opinion.

h. Those that agree write concurring opinions.

i. If decision of inferior court stands it is Stare decisis.

j. Court uses past cases or precedents to determine outcome.

k. Strict Constructionist (original intent) vs. liberal or loose constructionist.

II. Cases and Justices

A. Jay, Rutledge & Ellsworth 1790-1800

1. High turnover rate for justices.

2. Had to act as Supreme, Appeals, and District court.

3. Congress was slow to organize the judicial branch.

4. Some power was taken away with 11th amendment (SCOTUS could not hear lawsuits against states).

B. Marshall Court (1801-1835)

1. Chief Justice John Marshall2. Federalist (loose constructionist)– strong

central gov’t loosely based on constitution.

3. Marbury v. Madison established judicial review (court can declare laws unconstitutional).

4. Federal law is greater than state law.5. Contracts must be honored.

C. Taney Court (1836-1864)

1. Passive court, believed Congress and the White House instituted policy and little interference occurred.

2. Strict constructionist (only do what the constitution says) dominated the Court.

3. Dredd Scott v. Sanford = a. President Buchanan thought the case would solve slavery. b. Justices were slaveholders, few were not. c. Blacks could not sue for freedom, especially slaves. d. Missouri Compromise unconstitutional because it took away

citizens in the territories right to own property. e. Property rights cannot be taken away according to the

Constitution.

D. Chase, Waite 1864-1888

1. Chief Justice Chase oversaw Johnson’s impeachment trial.

2. Civil Rights laws ruled unconstitutional because discrimination is a protected individual right.

3. Laws regulating business that impacted the public ruled constitutional.

E. Fuller 1888-1910

1. Plessey v. Fergusona. Over segregation

b. Plessey sues because he is not allowed to ride in white passenger car by rail.

c. Court declares segregation is okay as long as it is “separate yet equal.”

2. Jim Crow laws would stay for another 60 years.

3. Ignorance of 14th and 15th amendments continued.

F. White and Taft Courts 1910 - 1930

1. Pro-business, just like many politicians of the time.

2. Former President Taft becomes Chief Justice for awhile.

3. Opposed to FDR’s New Deal because it interferes with property and business rights of the Constitution.

4. Rules many laws unconstitutional…a. Minimum wage.b. Limiting hours.c. Child labor laws.

G. Hughes, Stone and Vinson Courts 1930-1953

1. Court filled with Democrats during FDR’s term.

2. FDR tries to speed up the process by adding more justices, Congress refuses.

3. Two justices switch to vote for New Deal, “Just in time to save the nine.”

4. Japanese sue to get out of internment – Korematsu v. USA

5. Court rules in times of war gov’t can do things for “safety and security.

H. Warren Court (1953-68)1. Gov. Earl Warren of CA becomes new Chief Justice as informal reward

for getting CA to vote for Eisenhower2. Brown v. Board of Education.

a. Brown had to walk to inferior colored school.b. Divided 4-4 at first until Warren convinces them to desegregate.c. Order to desegregate has no timeline, takes twenty years.

3. Rights of the accused.4. Counsel

a. Speedy Trialb. Juryc. Cross-examinationd. Your own witnessese. Habeas Corpusf. Reaffirmed under Miranda v. Arizona.

5. Many conservatives want to impeach Warren6. Griswold v. Connecticut

a. State has aging population.b. They make birth control illegal.c. Court decides that is a private matter between doctor and woman.

I. Burger Court (1969-86)1. Nixon attempts to make court conservative

with Burger’s appointment.2. Too many Democrats are still on court

including Thurgood Marshall, first black. 3. Court had determined there is a loose right to

privacy because the gov’t has to…a. Get a warrant to searchb. Pay to seize propertyc. Acknowledge right to ownership

4. Reproductive Rightsa. Roe v. Wade

i. Abortion illegal in most statesii. Another private matter according to court (1973).

J. Rehnquist Court (1986-2001)

1. Despite a 7-2 Republican advantage, the court remains “activist.”

2. Conservatives believe legislature should make laws, we should not rely on courts.

3. Texas v. Johnson clears way for flag burning under freedom of speech.

4. Sodomy laws unconstitutional under right to privacy. 5. Separation of church and state continued, even in

cases where prayer is voluntary.6. Parts of Internet Safety Law are ruled unconstitutional

because it blocks free speech. 7. Hustler v. Farewell clears even vulgar speech if it is

political.8. Limitations are allowed on the last tri-semester of

abortion

J. Roberts Court

1. John Roberts assumes court under Bush.

2. Obama appoints first Latina woman, Justice Sotomayor

3. Future cases include the right to privacy

4. Judicial restraint: judges should not make radical and sweeping decisions and should not attempt to change the law

5. Judicial activism: judges should influence policy and culture based on their interpretation of the law.

6. Both in extreme forms are avoided by presidents and screened by the Senate.

III. Crimes, Sources and Protections of Law

A. Crime and Criminal Law

1. Violating the law.2. Ignorant of the law.3. Punishable.4. Misdemeanors – minor crime punishable by…

a. Fineb. Short prison term

5. Felonya. Serious Crimeb. Prison for at least 1 yearc. Death

B. Civil Law (suing)

1. Your responsibilities to others.2. Just compensation is due.3. Commercial/contract:

a. Buyer does not payb. Seller does not provide

4. Negligence: Suffered a loss due to someone else’s carelessness and not your own.

5. Libel (write)/slander (say): maliciously and knowingly state something.

6. Titles to land: eminent domain: right of a governing body to take property for public use with just compensation

7. family matters (children or marriage)

C. Sources of Law (where we get it)

1. Constitution – Supreme law of the land.

2. Statutory – law made by legislature

3. Case – Set by precedents or traditions of courts.

4. Common – cultural traits, accepted behavior.

5. Administrative – laws made by agencies of the government.

D. Civil Rights and Liberties 1. Civil Rights = positive acts the government protects

a. 1st amendment i. Speechii. Press

i. Libel – written, malicious lieii. Slander – spoken, malicious lieiii. Sedition – crime of attempting to overthrow the government. iv. Symbolic speech protected.

iii. Assembly – guarantee of association. iv. Petitionv. Religion – Free exercise clause and establishment clause.

b. 2nd amendmentc. 14th amendment = due process for people of all races

i. De jure segregation is unconstitutionalii. Affirmative action is used, quotas are illegaliii. Rights apply if you are jus soli or jus sanguinis

2. Liberties = protections against government actsa. 4th amendment – warrantsb. 8th amendment – cruel and unusual punishment

3. Discriminationa. Exists for a wide variety of groupsb. Constitutional rights ignored until mid-20th centuryc. De jure segregation existedd. De facto segregation still exists.e. Sexual discrimination limited under Title IX, 14 amendment applies to all.

E. Examples1. Due Process (14th)

a. Gideon v. Wainwrightb. Miranda v. Arizona

2. Equal Protection, Civil Rights, & Affirmative Actiona. Plessy v. Fergusonb. Brown v. Boardc. Bob Jones University v. USA (1983)– interracial marriage – tax exempt status, no

3. Free Speecha. Schneck v. USA (1919)– urged men to avoid the draft, yesb. Texas v. Johnson – symbolic speech, flag burning protected.

4. Privacya. Griswold v. Connecticutb. Roe v. Wadec. Lawrence v. Texas

5. Freedom of Religiona. Engel v. Vitale (1962) – recite non-denominational prayer, nob. Abington School District v. Schempp (1963) – Bible readings, noc. Lemon v. Kurtzman (1971) – public funding for religious schools, -no…if used to sponsor or spread

religion6. Freedom of Press

a. NY Times v. USA (1971) – publication of Pentagon Papers, yesb. Jacobellis v. Ohio (1964) – R rated move banned, no “I’ll know it when I see it.” Potter Stewartc. Tinker v. Demoines (1969)- Armbands to protest Vietnam, yesd. Miller v. California (1973)- advertisements for adult books, no. Cannot offend average individual,

contain vulgar references, no political or artistic nature. 7. Search and Seizure – Mapp v. Ohio

IV. Investigation and Trial Procedure

A. Investigation1. Police search for evidence, research suspects.2. Evidence

a. Fingerprintingb. Palm printingc. DNAd. Voiceprintse. CSI – expensive and not always available

3. Suspects a. Closest friends, families statistically best bet.b. Questioning – cannot hold without warrant for more than 24 hours.c. May refuse to answer questions.d. Polygraph – unreliable in court.

4. Due process must be followed. 5. Procedural due process are methods used (how).6. Substantive due process are the policies they follow (what). 7. Evidence gained illegally falls under the exclusionary rule, it cannot be

used.

B. Accused and Rights

1. Must know reason for being arrested (habeas corpus).2. Must be arrested using warrant or probable cause. 3. Ex post facto laws are illegal (making past crimes

illegal)4. People cannot be punished without a trail for previous

actions (Bill of Attainder)5. The prosecutor can being an indictment before a grand

jury (16-23 people) which will decide if you can be charged with a serious crime.

6. You cannot be tried twice (double jeopardy)7. You may waive your right to jury trial and have a bench

trial instead.

C. Opening Statement1. Suspect is arrested, Miranda Rights are read.2. Arraigned, and bail is set.3. Right to jury can be waived for bench trial.4. Summary of position at beginning.5. First statement is given by those that initiate

the case.a. Criminal

i. Government (district attorney or prosecutor) makes indictment.

ii. Must prove beyond a reasonable doubt.

b. Civili. Plaintiffii. Must provide a preponderance of evidence (greater

amount).

6. Defense or defendant then presents.

D. Examination1. First the initiator presents evidence.2. Evidence can be…

a. Direct – witness, forensics, confession, weapon.b. Circumstantial – opinion, connection between

defendant and crime with no physical proof.

3. They are not allowed to ask leading questions (guide the witness).

4. Defense can issue an objection and stop the question.

5. Judge can sustain (agree) or overrule (disagree).

6. Defense may cross-examine.

E. Examination continued8. Defense may treat witnesses as hostile

(treat them harshly to break them).

9. Moral turpitude may be questioned (if the person is honest and decent enough).

10.The gov’t/plaintiff may then rest and the defense calls their witnesses or evidence.

F. Conclusion1. Both sides give closing arguments.

2. Judge gives the jury a charge or reminder of their duties.

3. Jury deliberates until there is a unanimous (criminal) or majority (civil) verdict.

4. They may be sequestered (asked to stay in hotel until decision is made).

5. If no decision is made, then there is a hung jury.

6. A mistrial is declared and the case has to be retried.