Criminal Justice and the Role of Punishment

- What is the role of our criminal justice system? How can punishments “form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defense, and promote the general welfare and the secure the blessings of liberty”?

- Society, offenders, and victims: whose interests should be served?

- Would society’s interests be better served by placing less emphasis on punishment?

- Or is retribution as essential element of our criminal justice system?

- Should any felony crime be punishable by death?

Independent judiciary

- Should our justices be elected or selected?

- What are the positive consequences of having our justices appointed by elected officials?

- What are the negative consequences of having our justices appointed by elected officials?

- What are the positive consequences of having our justices have unlimited terms of service?

- What are the negative consequences of having our justices have unlimited terms of service?

Some statements to consider:

“ ...and as a result of the health care that they will get, they will be unshackled from the disabilities that those diseases put on them and have the opportunity to enjoy the blessings of liberty...”

-Solicitor General Donald Verrilli, Oral argument before the US Supreme Court , March 2012

“...But I would respectfully suggest that it’s a very funny conception of liberty that forces somebody to purchase an insurance policy whether they want it or not.”

-Plaintiff’s attorney Paul Clement, Oral argument before the US Supreme Court , March 2012

Tuesday 3/18/14

Please get out the following:o Judicial Branch PacketoText bookoPocket Constitution

Question Article

Section

Answer to Question Constitutional Provision

1. There is a vacancy on the Supreme Court. Who has to confirm (consent to) the individual nominated by the president?

 

       

2. An argument has arisen between two states. Who has the power to settle this dispute?

 

       

3. A law in your state was recently passed that contradicts a previous law passed by Congress. Which law does the Constitution say is valid?

 

       

4. After law school, your hope is to someday serve on the Supreme Court. How long would your term of service be?

 

       

5. A state’s governor recently denounced the US government publicly during a speech. Can this governor be tried for treason?

 

       

6. Your neighbor has just been indicted for federal tax fraud. Who will determine his guilt or innocence?

 

       

7. Your neighbor is now on trial in a United States federal district court. Who has the power to create this court?

 

       

Judicial Branch Constitutional Scavenger Hunt: Collaboration

There is a vacancy on the Supreme Court. Who has to confirm (consent to) the individual nominated by the president?

 

 2

 2

 Senate

 

 He shall nominate, by and with the Advice and Consent of the Senate,

judges of the supreme Court

An argument has arisen between two states. Who has the power to settle this dispute?

 

 3

 2

 The

Judicial Branch

 The judicial Power shall extend to all Cases between two or more States

A law in your state was recently passed that contradicts a previous law passed by Congress. Which law does the Constitution say is valid?

 

 6

 1-2

 Federal

Law

 This Constitution, and the Laws of the United States which shall be made in

Pursuance thereof . . .shall be the supreme Law of the Land (Supremacy

Clause)After law school, your hope is to someday serve on the Supreme Court. How long would your term of service be?

 

 3

 1

 For life or maintain

good behavior

 The Judges of both the supreme and

inferior Courts, shall hold their Offices during good Behavior

A state’s governor recently denounced the US government publicly during a speech. Can this governor be tried for treason?

 

 3

 3

 No

 Treason against the United States, shall

consist only in levying War against them, or in adhering to their Enemies, giving

them Aid and Comfort.Your neighbor has just been indicted (formally accused and charged) for federal tax fraud. Who will determine his guilt or innocence?

 

 3

 2

  

A jury

  

The Trial of all Crimes, except in Cases of Impeachment, shall be by jury.

Your neighbor is now on trial in a United States federal district court. Who has the power to create this court?

 

 3

 1

 

 Congress

 The judicial Power of the United States, shall be vested in one supreme Court,

and in such inferior courts as the Congress may from time to time ordain

and establish. 

Constitutional Provision Principle or Principles

ExemplifiedExplanation of How They

are Exemplified 

 Article III, Section 2, Clause 1

Judicial Review(Marbury v. Madison)

 

   

  

Article IV, Section 2, Clause 1Privileges & Immunities 

  

   

   

Article VI, Section 2 Supremacy Clause 

   

   

   

Article III, Section 1 Life term of federal judges.

    

   

Constitutional Provision Principle or Principles Exemplified Explanation of How They are Exemplified

  Article III, Section 2,

Clause 1Judicial Review

(Marbury v. Madison)

 Rule of LawIndependent

Judiciary

SCOTUS and lower federal courts have jurisdiction over all of the cases involving

the situations listed in this clause. This means they have the authority to

determine the final outcome of the case including the constitutionality of an act or

law.  

Article IV, Section 2, Clause 1

Privileges & Immunities

Individual Rights 

Rule of Law

States cannot discriminate against citizens of other states. This limits the power of government and guarantees individual rights no matter where the individual is

within the nation.  

Article VI, Section 2Supremacy Clause

   

 Rule of Law

 Federalism

 This clause establishes the Constitution as the highest legal authority in the nation so

all leaders and states must follow it.It also establishes the authority of federal law over state law as long as the federal

law is constitutional.McCulloch v. Maryland (1819)

Article III, Section 1Life term of federal

judges.  

Separation of Powers

 Checks and

Balances 

Independent Judiciary

 All federal judges including Supreme Court Justices hold their terms for life or as long as they

maintain good behavior. So they can be impeached and removed if Congress chooses

serving as a check on their power.Their pay cannot be reduced while they are on

the bench which serves as a check on the power of the Congress.

Life terms mean judges will be less likely influence by political considerations.

Pg. 4, Independent Judiciary

A system of appointed judges and courts that is separate from the other branches of

government – part of the United States system of Checks and Balances and

ensures Rule of Law Article III

Pg. 4, Independent Judiciary

1. Includes Supreme Court and other federal courts.2. All federal judges have tenure and secure salary.

3. Protects against decisions because of personal

interests.4. Designed to keep judges

away from political interests and influences.

5. Supreme Court can declare laws unconstitutional.

Marbury v. Madison (1803)

o Establishes the practice of JUDICIAL REVIEW – Supreme Court has power to overturn laws or actions that are deemed unconstitutional. Implied in Article III, but not specifically written.

o Chief Justice John Marshall preserved the Supreme Court’s authority and gave power to review constitutionality of acts (or lack of) by Congress and Executive Branch.

o Decision: Section 13 of the Judiciary Act violated the Constitution.

Where do you stand?

Pg. 4, Judicial Review

Judicial Activism

Based on the belief that it is the obligation of the SCOTUS to overturn bad precedents and promote socially desirable goals.

Belief that judges should take current moral, social and cultural beliefs and needs into consideration when making decisions.

More popular with liberal judges.

Judicial Restraint Believe Judicial

review should used sparingly in the first place.

Believe that only the Congress should push forward laws that will enact large changes to policy.

More popular with Conservative Judges.

Pg. 4, Schools of Thought – Judicial Review

Strict Constructionists vs. loose

Constructionists (the letter of the law vs. the spirit of the law) o Strict = “originalism” of the Constitution, there is

not room for interpretation and is a legal doc.o Loose = “interpretivism” of the Constitution, we

should be able to take into consideration cultural changes and changes in needs

Pg. 4, Strict vs. loose Constructionists

Block 3/19-20/14

Please get out the following:o Judicial Branch PacketoPen and penciloCalendar

Go to page 75 in your textbook. What is a precedent? What role do precedents play in judicial interpretation?

Now go to page 294- When the Supreme Court affirms existing precedent or establishes a new precedent, it is exercising its power of Judicial Review. Explain why this is true.

Pg. 4, Decisions and Precedent

Dual Court System Split into State and Federal courts that operate independently from each other.

The Supreme Court and state supreme courts are considered the courts of last resort.

Most cases are heard at the state level – considered the “work horses” of courts.

Check out pg.

285

Pg. 4, Dual Court System and Jurisdiction

Pg. 4, Jurisdiction (pg. 286)

• A court’s jurisdiction is the courts power to hear a case. The subject matter over which a court may exercise authority. • Limited (special cases, like traffic and

bankruptcy) vs. General Jurisdiction (state and federal with a variety of cases)

• Original (hearing a case for the first time) vs. Appellate (3 judge panels to hear an appeal to errors in a decision/manner in which a case was tried)

• Article III Section 2- Jurisdiction of the SCOTUS• Disputes between States • Between States and the Federal Government• Constitutionality of Laws – Marbury v.

Madison

State Judge

Different from state to state Judicial Election- Traditional Campaign

Retention Election Judicial Appointment – By Governor

Which method of selecting state judges do you think is best and why?

Federal Judge Nomination Appointment

Member of the SCOTUS Nominated by the President

Usually an active Federal Judge. Confirmed by the Senate

Following questioning and recommendations from the Judicial Committee.

Pg. 4, How to Become a Judge

Read Chapter Pg. 73 and Ch. 4.5.

Add to any notes to your packet pg. 4.

Military has their own court system. In some ways have higher standards of behaviors than civilian

laws. Veteran affairs estimate between 1 in 4 women in the military

experience some type of sexual assault. National estimates are 18-20% for civilians women

Women in the military are more likely to experience multiple sexual assaults than civilians.

Only 1 in 6 sexual assaults are even reported– (male and female) Less than 21% of those cases go to trial. Less than 50% of the cases end in convictions. Superior officers in the military are allowed to administer non-

judicial punishments. Without a jury, judge, or review they can punish subordinates with reduction in rank, loss of pay, restrictions of privileges, extra-duty, reprimands, and, aboard ships, confinement.

SOURCE: Pentagon Report on sexual assault

Should the military be allowed their own criminal justice system? What might be the benefits of having their cases heard by the

civilian federal court system? What are the reasons for keeping it separate from the civilian court system?

Military Courts

Remember, Judges are PEOPLE.

The graph is dramatic. It shows that the odds that prisoners will be successfully paroled start off fairly high at around 65% and quickly plummet to nothing over a few hours .

After the judges have returned from their breaks, the odds abruptly climb back up to 65%, before resuming their

downward slide. A prisoner’s fate could hinge upon the point in the day when their case is heard.

Stage 1: Writ of Certiorari

• Loser in the lower court writes to Supreme Court saying why they should hear the case Often Class Action Suits (Many cases from lower courts

combined together about one issue) ex. Brown v Board of Ed.

• 4 of 9 Judges must agree to hear the case Stage 2: Legal and amicus curiae (friends of the

court) briefs (summary of main points) are filed. Stage 3: Oral arguments are presented to the Court. Stage 4: Justices meet in private conferences and

decide to uphold or overrule a previous decision. Stage 5: Opinions are written.

• Decision is issued to the public through published opinions.

Pg. 5, Stages of a Supreme Court Case

Can be up to three kinds of opinions on each SCOTUS

case. Explain the reasoning of the judges

• Majority- at least 5 justices agree on how to decide the case which becomes the ‘law of the land’ and determines what happens – decision explains reasoning

• Dissenting- 4 or fewer justices disagree with the majority and explain why – can have different dissenting opinions from each justice who disagrees

• Concurring- 1 or more justices agree with the majority decision but for different legal or constitutional reasons.

Stage 5: Supreme Court Opinions

Think about Judicial Activism, the relationship between the Judicial Branch and the Legislative Branch and the case I described to you with Ruth Bader Ginsburg’s dissenting opinion on the Ledbetter v. Goodyear Tire & Rubber Co. What is the purpose of including the opinions of all the judges on SCOTUS cases?

Executive and Judicial Branches

CFA

• Write on the assessment

• Test in pencil and correct with pen

1. People who believe that interpretation of the Constitution and laws

should be influenced by consideration of current social and political conditions. _____ C

2. Power to review cases already decided by lower courts ____A3. Reflects most of the Court’s conclusion about a trial ____H4. Federal system’s trial courts _____M5. Courts’ authority to hear a case’s initial trial _____E6. People who believe that interpretation of the Constitution and laws

should be limited to the words they contain. __B7. Power to declare laws and executive acts unconstitutional. ____ J8. Legal decisions set as an example for future decisions ___ N

Executive and Judicial BranchesCFA

Executive and Judicial Branches

CFA9. To carry out laws made by Congress, the president can issue rules called executive

b. orders.

10. The president’s power to appoint Supreme Court justices is checked by a. the Senate’s power to reject nominations.

11. According to the Constitution, the vice presidentc. presides over the Senate and is first in line to succeed the president.

12. Congress creates independent agencies to

c. assist the president in doing the executive branch’s work.

13. During the first year of the Civil War, Abraham Lincoln used all of his powers without prior approval of Congress. In doing so, which two presidential roles was he most fulfilling? a. chief of stateb. chief policymakerc. chief diplomatd. chief of partye. chief citizenf. chief executiveg. chief manager of the economyh. commander-in-chief

This is = 2 Qs

TOTAL SCORE:14 – ADV+/A+

13 – ADV/A

11/12 – PRF/B

10 – PRF-/B-

9 – BSC/C

7-8 – BB/D

0-6 – FBB/F

Take a few moments to read over the

directions/rubric for this 1 week long simulation

Read over your role on the back side to brief yourself on the specifics of the simulation for YOU.

I will assign you more specific roles as you read.

Friday will be an ALL day individual prep. day

3 Branches Simulation Roles and Preparation