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