Judicial Process

Do you Remember• What is the highest court in the Land?• Who appoints the justices to the Supreme Court, and other federal courts?• How many members are on the Supreme Court?• How long can they serve?• What do we call lower federal courts?• What two categories of lower federal courts are there?• What is jurisdiction?• What does original jurisdiction mean?• What does appellate jurisdiction mean?• Who has exclusive jurisdiction?• How many federal appeals courts do we have?• How many District Court systems do we have on the federal level?• Who is the current Chief Justice of the Supreme Court?• Who was the first Chief Justice?

Types of cases

• There are two types of cases that exist• Criminal –when in a federal court, criminal is

one in which a defendant is tried for committing some action that Congress has declared by law to be federal crime. Where an actual crime has taken place – Arson, Theft, Terrorism etc

• Civil –noncriminal matter—could be disputes over laws, contracts, etc. One person(s) suing another party. Criminal action did not occur

Terms to know for this unit• Precedent – court decision that future cases will

follow---opinions can be as simple as “we stand with the lower courts decision based off of Texas v. Johnson”

• Inferior Courts – lower federal courts created by Congress

• Plaintiff – person who files suit• Defendant – person who the complaint is filed against.• Plea – What you agree to “guilty” or “not guilty”• Beyond a Reasonable Doubt – all evidence/testimony

points towards guilt – leaves no doubt in a juror’s mind• Acquit – drop charges due to lack of evidence• Civil Liberties – Protections FROM the government• Civil Rights – Protections BY the government

Terms

• Felony – a crime punishable by a year or more in prison or a year or more of probation or more than $1000 fine

• Misdemeanor – a crime punishable by less than a year in prison or less than a year probation or less than a $1000 fine

• Ordinance – law enforced by county or city• Statute – law enforced by state and federal

gov’t

New Terms• Writ of Habeas Corpus– a statement to the judge

giving the reason for the charges – CANNOT BE DENIED

• Writ of Cert (certiorari) – written statement from a higher court (like Supreme Court)to have a case sent from the lower court for a review – if they do not send a Writ of Cert to the lower court, then the lower court’s decision stands.

• Warrant – a legal paper allowing the police to arrest you

• Bond – Paying a fine to get out jail until your trial date

Types of Crimes

• Felonies• Rape• Murder• Kidnapping• Marijuana over an ounce and ANY amount of other illegal drugs• Theft over $500• Armed burglary• Illegal weapons• Treason• Terrorism

• Misdemeanors• Petty theft• Simple assault• DUI• Prostitution• Trespassing• Speeding

U.S. Supreme Court Process• Remember, that nearly all SC cases are appellate.• Nearly 10,000 cases are appealed to them each year – only

150-200 will be heard• “Rule of Four” states that 4/9 justices must agree to hear a

case.• Cases that do not receive a Writ of Cert are not heard – lower

court decision stand• Two weeks are spent listening to each side of the appeal• Another two weeks is spent alone with the justices making

their final decision• MAJORITY OPINION – the final decision given by the Court.

The majority of the justices agree• Minority opinion – the dissenting opinions are the justices

that did not agree.

What is the criteria for Federal Cases• Remember ONLY specific cases go to federal courts – the

have EXCLUSIVE JURISDICTION over the following types• Federal officials – President, VP, Congress Members,

Federal Judges, Department members• Foreign Dignitaries in our country• Violates Federal Statute (law)• Pertains to the Constitution• One state is a party• U.S. is a party• Maritime laws – as well as crimes aboard planes• Patents – copyrights –etc• Violations of Federal Laws (could go to either state or fed)

What happens when you commit a crime?

• The Constitution requires that EVERY citizen be given Due Process of law

• Think of Due Process like the “steps in law”• Innocent until proven guilty• Which amendments guarantee Due Process?• 5th – Federal Gov’t 14th – State Gov’t• The following are steps in the criminal process

– it’s more closely related to state process, but federal cases follow these steps closely

Step 1 – Criminal Process – THE ARREST

• Arrest made with Warrant

• the accused must go before a Magistrate judge within 72hrs for preliminary hearing• This hearing states the charges and grants or

denies bond• Give your PLEA• If bond is granted – accused is released until

initial court date (no more than 90 days) until trial date• Formal charges are filed with the courts• Defendant must appear in open court where

they advise him of charges and appoints a lawyer – then trial date is set

Step 1 – Criminal Process – The ARREST

• Arrest• Arrest WITHOUT warrant

• The accused can only be held in jail 48hrs without warrant• Without a warrant the preliminary hearing

cannot occur• Once a warrant is obtained, then the steps are

the same as the warrant arrest• MUST HAVE ENOUGH EVIDENCE TO ISSUE

WARRANT

Step 2 – Criminal Process – Criminal Trial

• The Criminal Trial• In trial – jury is selected (interviewed by both sides)• Regular jury 6-12• Open statements are given by both sides – hope is to grab

juries attention• Plaintiff has the floor first for examining witnesses and

evidence, defendant may cross-examine witnesses• Defendant then has the floor - they will try to prove

Plaintiff’s version is false – then the defendant presents his case

• Closing arguments – each side will give their last words – once again in hopes of influencing the jury

• Jury deliberates and comes back with verdict• All verdicts must be UNANIMOUS – meaning all must vote

the same• If the jury cannot reach unanimity – this is called a “hung

jury” and there will be a mistrial

Step 3 – Criminal Process - Sentencing• Sentencing

• Jury deliberates and comes back with verdict• All verdicts must be UNANIMOUS – meaning all must

vote the same• Jury gives suggested sentencing (10 out of 12 for Death

cases)• Judge issue sentence effective immediately• There is a MAX and MINIMUM sentence• Sentenced on EACH COUNT – they add up!• In Federal Courts, the max sentence is LIFE WITHOUT

PAROLE• In State Courts, the max sentence is DEATH• If the jury cannot reach unanimity – this is called a “hung

jury” and there will be a mistrial

• You will be given three sheets of paper• Title each section Step 1 – Step 2 – Step 3• Then illustrate each step on that page• Use the entire page! No white space• Use color pencils or marker• No pen/pencil• Be neat!