Goal Five Notes

Explain how political and legal systems provide a means to balance competing interests and resolve

conflicts.

Bell Work: Circle Maps Goal Five

Objective 5.01: Evaluate the role of debate, consensus, compromise, and negotiation in resolving conflicts.

How do societies reach decisions and resolve conflict?

Consensuso Unanimous or general agreement

Debateo Form of argument by which opposing sides

discuss their ideas Compromise

o A method of reaching an agreement through communication

Objective 5.02: Identify the jurisdiction of state and federal courts.

What are the jurisdictions of the state and federal court?

Originalo Has the authority to hear the case first

Exclusiveo The only court that has the authority to hear

the case Concurrent

o Case may be heard in either state or federal court

Appellateo Case is heard upon appeal

How are Federal Courts structured?

District Courts U.S. Courts of Appeal

U.S. Supreme Court

How are State and Local Courts structured? Magistrate

o Hears small local caseso Traffic tickets, etc.

General Trial Courts Appellate Courts State Supreme Court

Jurisdiction Poster

Bell Work: Pyramid to describe the organization of the federal court system.

Objective 5.03: Describe the adversarial nature of the judicial process.

What is the rule of law? Rule of law states that America is a country

based on laws It is the responsibility of the courts to make sure

that these laws are followed

How does our judicial system practice the rule of law?

Judicial Reviewo Writ of Certiorari filed which directs lower

courts to send the Supreme Court their records

Respect the arguments and opinions of each sideo Majority Opiniono Dissenting Opiniono Concurrent Opinion

Jury System Prosecute misdemeanors (small crimes) and

felonies (serious crimes) Those who lie under oath are accused and

prosecuted for perjury

What are the roles that exist within America’s courts?

Grand Jury Hears evidence and decides if there is enough to

actually bring the accused to trial Prosecutor

o Works for the governmento Is charged with presenting the

evidence against the person charged with the crime

o They bear the “burden of proof”-MUST PROVE GUILTY BEYOND A REASONABLE DOUBT

Defense Attorney

o May be appointed by the government if you can’t afford one

o Usually hired by the person charged with the crime

o Attempts to poke holes in the prosecution’s case

Judgeo Ensures that the defendants rights are not

violated and that proper procedures are followed

Bailiff o Makes sure that the court stays in order

Petit Juryo Listens to the evidenceo Decides guilt or innocence

Who are the adversaries in the courtroom? Prosecutor Defense Attorney

How do they argue their case? Oral arguments Through these arguments, they present their side

of the case and rebut(refute) the other side

Three Little Pigs vs. True Story of the Three Little Pigs: Compare and Contrast…How is this an example of the adversarial system of ?

Three Little Pigs

True Story of the Three Little Pigs

Bell Work: Think of all the crimes that you have heard of. Which do you think is the worst and why?

Human Graph: Jaywalking, Shoplifting, Playing Poker, Murder, Rape, Terrorism, Treason, etc

What is Criminal Law?

o Laws that seek to prevent people from deliberately or recklessly harming each other or each other’s property

o Misdemeanors and felonies

How are trials structured?

PRETRIAL

Step One: ARREST

To arrest someone, the police must have probable cause, or a good reason to believe that a suspect has been involved in a crime

The police may also arrest you if they have a warrant, or a legal paper issued by a court, giving police permission to make an arrest, seizure, or search

During the arrest, police must tell jack his Miranda Warningso What are these?o How were these created

Step Two: THE STATION

After the arrest, the suspect is taken to the police station, and read the charges and reason for arrest

At this time, they may make a phone call They would then be placed in a jail cell

Step Three: THE PRELIMINARY HEARING

On the day of the arrest, or soon after, the suspect appears in court for a preliminary hearing

Here, the prosecutor must show the evidence that a crime has been committed and that there is enough evidence to go ahead with the case

At this point, the judge may dismiss the case if the prosecutor can not show that there is enough evidence that a crime was committed

If the crime could lead to a prison sentence, the defendant has the right to an attorney

If they can not afford one, then one will be provided for themo How was this right achieved?o Gideon v. Wainwright

At the preliminary hearing, the defendant enters a plea of guilty, not guilty or no contest

At the first appearance, the judge may set bail

Step Four: GRAND JURY

The constitution says that a Grand Jury must review cases involving serious federal crimes

It is the job of the grand jury to decide if there is probably cause for believing a defendant has committed a crime

The grand jury may return an indictment-a formal charge against the person, or refuse to indict

A defendant who is indicted must appear in court for an arraignment-or to be formally charged

Step Five: PRETRIAL MOTIONS

Prosecutor and defense attorneys are heard

Defense sometimes tries to keep information out of court

Discovery begins to occur whereby the prosecutor must share evidence with the defendant

Case is placed on a docket(calendar)

Step Six: PLEA BARGAINING

If the defendant knows they have broken the law, and the evidence is strong, he may make a deal

They agree to plea guilty in exchange for a lesser charge or lighter sentence

TRIAL

Step One: JURY SELECTION

Citizens are called to serve on a jury They are questioned by attorneys on both sides

of the case or by the judge This is to determine who will listen carefully to

the evidence and make a decision fairly

Step Two: THE TRIAL

Must be speedy and public Defendant has the right to subpoena/summons

witnesses and question them At the end of the trial, both sides make closing

statements The judge then instructs the jury and they make

a decision

The jury must decide if the defendant is guilty beyond a reasonable doubt

If the jury can not agree, they are hung

Political Cartoon: Criminal Justice

Step Three: SENTENCING

Deciding how the person will be punished The law generally sets a maximum and

minimum sentence for each crime

Step Four: APPEAL

Case may be appealed if defendant feels that their rights have been violated

Provide Background on a Criminal Case. Based on what you know, write an opening and closing statement for the prosecution or defense.

Bell Work: Criminal Law Flow Map: Use notes and Chapter 20-Section Two

The Three Bears

What verdict should we reach and why?

Objective 5.04: Evaluate the role of debate and compromise in the legislative process.

Reviewing the Bill to Law Process

What types of committees are present in the Bill to Law process?

Standing Committeeo Permanent committees in the house or

senateo These are usually the committees where bills

are referred Joint Committee

o Composed of members of both houses of congress to meet about bills which both houses have jurisdiction over

Conference Committeeo Composed of members of both houseso Meet to work out differences in the House

and Senate version of the bill

How does a bill become a law?

Introduced by a member of Congress Spends most time in committee where it may be

changed Must pass both houses in the same form

What practices are in place in the Congress to delay the vote on a law?

Filibuster Talking a bill to death Only happens in the Senate

Cloture Senate votes to end the filibuster

How may the governor or president over-rule a law?

Vetoo Outright overrules the bill

Pocket Vetoo Sets the bill asideo If congress goes out of session in the next

ten days, the bill dies Line Item Veto

o Vetoes certain sections or parts of the bill

What special circumstances exist in the lawmaking process?

Acto Often used to refer to lawso “It will take an act of Congress”

Propositiono Similar to a referendumo The people vote on a proposed law or issue

Ridero A piece of legislation attached to the end of

a bill that has nothing to do with the actual bill

o Congress hopes that the rider will slip through without people really noticing

Bell Work: Why is it important for citizens to know and understand the law?

Objective 5.05: Explain how local government agencies balance interest and resolve conflicts.

How do local governments make sure that citizens are involved in the law making process?

Town meetings

Public hearings/Forumso Citizens can attend hearings to hear about

proposed acts and issues affecting their city or town

o Discussions occur about these acts and issues

o Held to get input from the citizens City Officials

o Responsible for telling citizens about issues that affect the local community

How do local governments and agencies make decisions about how to use their money and land?

Budgeto Best representation of what issues the local

governments feel that should focus ono Why

Extra Territorial Jurisdiction (ETJ)o Allows cities and towns to make decisions

that are about areas outside of their jurisdiction

Zoningo Cities and towns decide how land under

their jurisdiction will be used Infrastructure

o Roads, bridges, water and sewer for towno How are these paid for?

Objective 5.06: Analyze roles of individual citizens, political parties, the media, and other interest groups in public policy decisions, dispute resolution and government action.

What role do individual citizens, political parties, and the media play in the government’s actions?

• Petition

o Started by citizens to voice their opinions on issues

o Often listened to by government officials• Local Initiatives

o Laws that begin with the citizens• Local Referendums

o Laws that begin with the legislative brancho Must be voted on by the citizens

• Bond issueso If local governments take out a bond/loan,

they must have the approval of the voterso Usually taken out for capital (building)

projects• Special interest groups

o Formed around certain issues o Attempt to get governments to pass laws

that are in their favor• Electronic media

o Internet and television are used to spread the word about issues

o This is the way that most people discover what is happening in their community

• Voting

o The ultimate way to voice your opinion on issues!

Vocabulary ListPlaintiffDefendantFelonyMisdemeanorSearch warrantGrand juryPetit juryHung juryConsensusDebateCompromiseExclusive jurisdiction

Magistrate courtProsecutorDefense attorneyBailiffPreliminary hearingArraignmentLine item vetoActPropositionRiderPublic hearingZoning

InfrastructureExtra Territorial JurisdictionSpecial interest groupElectronic media