the judicial branch. the basic function of the courts is to interpret and apply the law to settle...

The Judicial Branch

The Judicial BranchThe basic function of the courts is to interpret and

apply the law to settle conflicts

Civil Cases

-The court acts as a kind of referee to set disputes between two or more

parties

-A typical case begins when one party sues another.

-The party who bring legal action is called the plaintiff

-Most cases do not result in a trial they are settled “out of court”

-A civil court does not find anyone guilty or not guilty

Criminal Cases

-The state prosecutes someone charged with committing a crime

-Generally crimes offend the whole community, not just the

individual victim

-The government, not the individual victim, is the

prosecution (district attorney)

-It may find the defendant guilty as charged or not guilty

Judicial Review Cases

-Reviewing rules or laws to determine if they violate the

Constitution

-Only higher-level state courts and federal courts exercise this

power

Two levels of crimes one can commit

Felony• Serious crime

• Punishable by a year or more in prison and/or a fine

• Examples: arson, burglary, kidnapping, car theft, murder, robbery, and rape

Misdemeanor• Less serious crime

• Punishable by 1-12 months in jail and or a fine of $1,000 or less

• Examples: concealed weapon, criminal trespass, cruelty to animals, and shoplifting

Compare and Contrast

Original jurisdiction• Has the authority to be the

first court to hear the case

• Labeled “trial courts”

• May use trial by jury or nonjury trials in which the judge alone hears the case

Appellate jurisdiction• Has the authority to

review decisions of lower courts

• Do not hold trials

• Use several judges who hear cases and make decisions as a body

How judges are selected

Magistrate and Municipal court judges: are elected or appointed

State and Probate court judges: elected to four year terms in county

wide elections

Superior court judges: elected to four year terms in circuit wide elections

Supreme and Appellate court justices: elected to six year, staggered

terms in state wide elections

-Choose one of their number to be chief justice

Due Process (a clause of the 5th Amendment)

Rights and procedures guaranteed by several amendments:

-Be notified of charges against you (6th)

-Be provided a speedy and public trial (6th)

-Be able to confront witnesses (6th)

-Be represented by a lawyer (6th)

-Have an impartial judge and jury (7th)

-Remain silent (5th)

Pretrial Proceedings

Arrest

Law enforcement authorities take the suspect into

custody

Booking

Authorities make an official record of

the arrest and place the suspect

in a cell

Initial Appearance

The magistrate court judge sees that the suspect is

given due process, including the right to an

attorney, bail, and explanation of charges

Preliminary Hearing

Magistrate determines if there is probable cause to believe that a crime has been committed and that

the person should be tried

Grand Jury Indictment

Grand jury (16-23 citizens) decide if there is enough evidence to charge the

suspect with a crime. If so the grand jury issues an

indictment.

Arraignment

Superior court judge reads charges and the accused pleads guilty

or not guilty. If the plea is guilty skip

ahead to sentencing.

Plea Bargaining

Accused agrees to plead guilty to a less serious charge. If a

plea bargain is made skip ahead to sentencing.

Trial

Jury Selection

Twelve jurors and at least one alternate are

selected to hear the case

Opening Statements

Prosecution and defense state what

they expect to prove to the jury

Presentation of the Case

Prosecution presents evidence and witnesses to

prove its case. Defense presents evidence and

witnesses to discredit the prosecution’s case.

Closing Statements

Defense and prosecution make

final arguments to the jury

Jury Deliberation and Verdict

Jury considers evidence and makes a decision. If the verdict

is not guilty, the defendant is freed.

Sentencing

If the verdict is guilty, judge determines

(within limits set by law) what the

sentence will be

Appeal

-If a defendant feels that he or she did not receive a fair trial, he

can appeal the decision to a higher court.

-The appellate court examines the trial record for errors.

-If overturned, the case goes back to the supreme court.

-If upheld, the sentence is carried out.