Standard 9 –The Courts and Justice

Students can describe the purpose and structure of the court system.

Learning Target 9.1I can make inferences about he purpose of the court system and how cases are brought to trial.

Notebook Item 15 – Ohio Rape Case In your opinion, what is primary purpose of the

court system? (Providing due process to the innocent and guilty, protecting people from dangerous criminals, rehabilitating dangerous criminals, representing the morals of society?)

In a “he said, she said” case such as rape or assault, what type of evidence is most important; witnesses that can provide context or objective physical evidence?

Four Purposes of the Court System Due Process Function Crime Control Function Rehabilitation Function Bureaucratic Function

Four Purposes of the Court System Due Process Function: protect the rights of the

individual against the power of the state. Crime Control Function: protect the public and

deter criminal behavior by punishing criminals for harm done to society.

Rehabilitation Function: dispense treatment to criminals by teaching them to be more productive members of society.

Bureaucratic Function: processing the day-to-day cases that are brought before the court.

Learning Target 9.2I can infer how the dual court system in the U.S. hears different types of cases.

Structure – Dual Court System

Dual Court System

Federal Crimes under federal

law Interstate cases Foreign nationals

State Crimes under state law Private disputes/law

suits Family law Local traffic violations

LT 9.3 - JurisdictionI can differentiate between various types of jurisdiction by identifying why concurrent jurisdiction takes place in a specific scenario.I can explain how jurisdiction is one part of due process.

Definition The authority of a

court to hear and decide cases within an area of the law or a geography territory.

Geographic Jurisdiction Courts have jurisdiction

over specific areas Concurrent Jurisdiction:

two or more courts have the authority to preside over the same criminal case. State vs Federal State vs State

Often determined by which government will give harsher punishment

Trial vs. Appellate Courts Original Jurisdiction:

authority of the court in which the trial originally takes place Hear all evidence Verdict and sentence

Appellate Jurisdiction: authority of the court that hears appeals Overturns or retries cases

based on due process Establishes precedents

Other Jurisdiction Subject Matter

Jurisdiction: occurs in state courts General Jurisdiction:

courts that oversee felonies and major civil cases

Limited Jurisdiction: courts that oversee misdemeanors and civil matters under a specified amount Ex: traffic court,

prostitution

International Jurisdiction: Extradition Treaties:

countries agree to extradite fugitives

D.C. Sniper Shootings D.C. Sniper Video Shootings in:

Alabama Georgia Louisiana Washington Washington D.C. Maryland Virginia

Notebook Item 16- DC Sniper Case Why would Federal courts have

jurisdiction in this case? Why would State courts have

jurisdiction in this case? Predict whether you think this case was

tried in state or federal courts? Why? How does jurisdiction ensure that the

right of due process is fulfilled?

LT 9.4 - JudgesI can determine the important characteristics of a judge based on the roles and responsibilities of a judge.

Types of Judges

State Appellate Judges (appeals) Trial Judges (criminal

cases) Civil Judges (property and

law suits) Family Judges (divorce and

custody, juvenile) Other specialty judges

Federal Appellate Judges General (trial) Judges Supreme Court Justices

How are Judges Chosen? States vary

Election Appointment by

politician Terms may be limited

or life Federal Judges

Appointed by President

Confirmed by Senate Term is for life Elena Kagan

Trial Judges - Before the Trial Issue warrants – probable

cause Search Surveillance Arrest

Review charges and evidence

Determine bail (if applicable)

Pretrial motions Rule on plea bargains

Trial Judges - During the Trial

Referee the defense and prosecution presentations

Explain law to jury Sentencing based on

jury’s verdict

Cases with no Jury

Hear both cases with evidence

Verdict Sentencing Write court

findings

Supreme Court Act it Out

Questions to Ask Background/

Qualifications Political Views Religious Belief

Current Hot Topics Gun Control

Gay Marriage

Marijuana

Abortion Death Penalty

Reflection

What do you think are the most important characteristics of a good judge?

LT 9.5 - ProsecutorsWhat are the roles and responsibilities of Prosecution Attorneys?

Types of Prosecutors Federal: U.S.

Attorneys State: District

Attorney or Prosecutor

Attorney General: chief prosecutor of a state of the nation

Special Prosecutors: focus on one type of crime Eric Holder

Role of Prosecutor May be Elected or

Appointed Law enforcement officer

2nd half of the L.E. system

Work with police Represents the state or

nation Example: People of the

State of California v. Orenthal James Simpson

Prosecutor Responsibilities Whether or not

suspect will be charged

Level of charges Review and

presentation of case (including evidence and witnesses)

When to drop a case or accept plea bargain

DefendersWhat are the roles and responsibilities of Defense Attorneys?

Types of Defenders Public

Appointed when suspect can not afford lawyer

Private Hired by suspects

AKA: Lawyers or Defense Attorneys

Public Defender Fulfills 6th Amendment

right to attorney (Miranda Rights) Eligibility determined by

Judge (based on financial need)

May be employed by jurisdiction or contracted out to private attorneys

Generally less effective than private attorney More cases, less pay

Role of Defense Attorneys

Defend innocent AND guilty

Attorney-Client Privilege Confidential even if

incriminating Exception: crimes that

are in progress or in future

Responsibilities of Defenders Investigate the crime Negotiate plea

bargain Prepare defense case Pretrial motions Negotiate sentence Appeal guilty verdict

Case AttritionHow does prosecutorial discretion affect the criminal justice system?

What is case attrition?

Definition: the failure of arrests to come to trial

Less than half of felony arrest result in conviction

Discretion of prosecutors leads to case attrition

Why do Prosecutors dismiss cases?

Insufficient evidence (physical and witnesses)

Case Prioritization Uncooperative victims (ex:

domestic violence) Unreliable victims (known

criminal) Suspect agrees to testifies

against other criminals Exclusionary rule

Reflection How do prosecutors exercise

discretion? Give at least 2 examples. Based on what we have learned in

class and Hart Megibben’s presentation, what do you think is the most important part of a prosecutor’s job? Explain why.

Would you rather be prosecutor or a defense attorney, why?