article iii judicial branch. rights of individuals first amendment: freedom of religion, assembly,...
TRANSCRIPT
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Article III
Judicial Branch
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Rights of Individuals
• First amendment: Freedom of religion, assembly, petition, press, and speech
• Second amendment: Right to bear arms
• Third amendment: people do not have to “quarter” or house soldiers in their house
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Rights of the Accused
• Included in amendments 4-8.– Police must have a search warrant– Can’t be held in jail without an indictment– No double jeopardy– Can’t be executed, fined, or put in prison
without a trial– Due process must be followed
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Accused cont’d
– Government has to give fair price if they are taking your property
– Speedy trial– Public trial– Jury trial if a felony– Trial must be in area where the crime took
place
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Accused cont’d
– Have to be informed at time of arrest of the charges
– Accused has the right to have witnesses testify
– All witnesses must testify in open court– Right to an attorney– Fair bail– No cruel/unusual punishment
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Purpose of courts
• Enforce laws
• Interpret laws
• Protect individual rights
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Basic concepts
• Courts must protect the rights of the individual citizen
• You are “innocent until proven guilty” is a major premise of our system
• Basic Idea of U.S. Democracy - Equality under the law for all people is another major premise – is this true???
• Due Process must be followed!
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Federal Court System
• District Court – this is the lowest court– One judge– One jury – determines guilt, innocence,
mistrial if jury is hung– Trial court – determines guilt– Court of original jurisdiction
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District Court
• Hears any case where a federal law is broken– Tax evasion, mail fraud, counterfeiting,
anything illegal that crosses state lines
• State v state• Person of one state v person of another• Questions on interpretation of the
Constitution
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Appeals Court
• 3 judges
• No jury
• Hears appeals – doesn’t determine guilt!
• Reasons for appeal:– Unfair trial– Due process not followed– New evidence has been found
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Appeals Court
• Decisions include:– Reversal of the previous decision– Grant a new trial– Refuse – stare decisis – let the decision stand
– Purpose is to protect the rights of citizens!
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Supreme court
• 9 judges• No jury• Final appeals• Interpretation of the Constitution
– Judicial review– President’s actions/decisions– Set policy
• Abortion
• Prayer in school
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Supreme Court cont’d
• Policies continued:• School desegregation• Affirmative action
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Supreme Court Cases
• Plessy v. Ferguson – separate but equal is ok• Brown v. Topeka – overturned Plessy and
desegregated public schools• Marbury v. Madison – established judicial review• McCullough v. Maryland – cannot tax the federal
government• Miranda v. Arizona – have to read you your
rights when arrested
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Federal Judges
• How are they chosen?– President nominates – Senate confirms/approves
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State Courts
• Municipal Court (City)– Judge is elected– No jury– Hears city violations ie. Disturbing the peace,
urinating in public, grass too long, etc.– Zoning violations– Traffic violations on city streets
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Associate Circuit Court
• Judge is elected
• No jury
• Civil cases until $5000
• Preliminary hearings/arraignments
• Mo highway patrol/ Jackson County Sheriff
• Misdemeanors including: assault, vandalism, shoplifting under $2000
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Circuit Court
• Judge is elected• Jury decides guilt• Hears felonies including: rape, murder, armed
robbery, assault with a deadly weapon• Civil cases over $5000• Family issues: divorce, child custody• Appeals from municipal and Associate court• State Constitution interpretation
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Appeals Court
• 1-5 judges
• No jury – doesn’t decide guilt
• Appeals cases only – appellate jurisdiction
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State Supreme Court
• 1-7 judges – Missouri has 7
• No jury
• Hears appeals from lower courts, state constitutionality, and some original jurisdiction
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Missouri Plan for Choosing Judges
• Bar association provides a list of possible names to the Governor
• Governor appoints from that list
• People then vote yes or no at the end of his/her term
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Legal Steps
• Apprehend (caught)
• Arrest (charges by police)
• Preliminary hearing (probable cause)
• Arraignment (judge decides of enough evidence to charge you)
• Trial (jury)
• Appeal (if found guilty)
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Checks and Balances
• Legislative on Judicial:– Senate must approve all judges nominated by
President– Congress can impeach and remove a judge
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Checks and Balances
• Executive on Judicial:– President nominates Federal judges– President can grant pardons
• Pardon – nullifies the conviction• Commutation – reduces legal penalties
– Ex: Bush pardoned 189 people who had served their full term. He commuted 11 sentences. (“Scooter” Libby, John Forte, Ignacio Ramos)
– President Obama has pardoned 9 people.
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Checks and Balances
• Judicial on Legislative:– Courts can declare a law unconstitutional
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Checks and Balances
• Judicial on Executive:– Courts can declare actions of the President
unconstitutional
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Definitions
• Bail: property or money given to ensure that a person released from custody will return at an appointed time.
• Appeal: review of a case by a higher court.• Civil Case: case involving a dispute that is not a crime.• Criminal Case: case involving a crime.• Double Jeopardy: being tried twice for the same crime.• Felony: serious crime such as murder or arson• Misdemeanor: misbehavior, less serious crime.• Original Jurisdiction: authority to decide the case first.• Judicial Review: courts rule on constitutionality of law/action• Probation: supervised release, testing period.
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Definitions Cont.
• Parole: conditional release of a prisoner prior to end of sentence.
• Capital Punishment: Death Penalty
• Plaintiff: person who brings suit in court
• Defendant: the accused
• Arraignment: evaluation of guilt of fault
• Plea Bargain: arrangements prior to trial
• Change of Venue: moving a trial
• Indict: bringing of formal charges
• Due Process: steps in the judicial process
• Prosecutor: person who conducts legal proceedings