Law and the Legal Process

Investigating a Crime Arrest is made Arrest is made Miranda Rights given Miranda Rights given Suspect “booked” at police station Suspect “booked” at police station Charges recorded in police register (book) Charges recorded in police register (book) Cheese!

Pre-trial Procedures Initial appearance w/in 24 hours Initial appearance w/in 24 hours Plea is entered Plea is entered Guilty (judge decides penalty) Guilty (judge decides penalty) Not guilty (trial date set) Not guilty (trial date set) No plea entered if felony No plea entered if felony Preliminary hearing date set Preliminary hearing date set

Setting bail Bail-$$$ left until suspect returns to trial Bail-$$$ left until suspect returns to trial Only 10% needed to be paid Only 10% needed to be paid Given back at court appearance Given back at court appearance If a no-show, money must If a no-show, money must be paid in full be paid in full

Preliminary hearing Determines if there is enough evidence (probable cause) to believe that the defendant committed the crime Determines if there is enough evidence (probable cause) to believe that the defendant committed the crime Often waived by defendant (not an admission of guilt, however) Often waived by defendant (not an admission of guilt, however) Does not determine guilt or innocence! Does not determine guilt or innocence!

Decisions for a Trial Felonies go to grand jury to decide if a trial is justified Felonies go to grand jury to decide if a trial is justified Arraignment-formal charge is read Arraignment-formal charge is read

Decisions for a Trial After hearing charges the defendant can plead: After hearing charges the defendant can plead: Guilty Guilty Not guilty Not guilty Not guilty by reason of insanity Not guilty by reason of insanity Nolo contendre (no contest) Nolo contendre (no contest) Done to avoid civil trial Done to avoid civil trial

Plea Bargaining Most states allow it Most states allow it Less cases to deal with Less cases to deal with Less money to spend Less money to spend Does it allow criminals to escape consequences of their actions? Does it allow criminals to escape consequences of their actions? Let’s make a deal!

Trials Bench Trial Bench Trial Jury Trial Guilty! Not Guilty!

Participants Litigants-participants in the case Litigants-participants in the case

Criminal cases Punishment is jail or prison Punishment is jail or prison Vote must be 12-0 if a jury trial Vote must be 12-0 if a jury trial Defendant-person charged with wrongdoing Defendant-person charged with wrongdoing Prosecution-brings charges against defendant Prosecution-brings charges against defendant States attorney or district attorney States attorney or district attorney Has “burden of proof” Has “burden of proof”

Civil cases Punishment is money Punishment is money Only needs to be a majority for jury to convict Only needs to be a majority for jury to convict Defendant-person charged w/wrongdoing Defendant-person charged w/wrongdoing Plaintiff-person bringing charges Plaintiff-person bringing charges

Choosing Jurors Peremptory Challenge-disqualifying jurors for no reason Peremptory Challenge-disqualifying jurors for no reason Sequestering juries-too much media coverage Sequestering juries-too much media coverage Jurors cannot go home until end of trial Jurors cannot go home until end of trial

Verdict Acquittal Acquittal If the glove don’t fit you must acquit!

Verdict Mistrial Mistrial Hung jury Hung jury New trial needed New trial needed Not double jeopardy Not double jeopardy

Sentencing Punishment given Punishment given

The Supreme Court and the Federal Court System

Jurisdiction A courts authority to hear specific cases A courts authority to hear specific cases

Federal Jurisdiction All cases that involve national law All cases that involve national law Admiralty Admiralty Maritime Law Maritime Law Covers navigation, shipping, and commerce on the high seas, great lakes, or major rivers Covers navigation, shipping, and commerce on the high seas, great lakes, or major rivers Between Citizens in one state and another Between Citizens in one state and another Exclusive Jurisdiction Exclusive Jurisdiction EX: Copyright EX: Copyright

Other Jurisdiction Original Jurisdiction –the authority to decide cases for the first time Original Jurisdiction –the authority to decide cases for the first time Appellate Jurisdiction – the authority to hear appeals from lower courts Appellate Jurisdiction – the authority to hear appeals from lower courts The Supreme Court has both original and appellate jurisdiction The Supreme Court has both original and appellate jurisdiction

Federal Court Structure

Judicial Appointments Appointed by President Appointed by President Approved By a majority in the Senate Approved By a majority in the Senate Can be Impeached Can be Impeached Salaries are set by congress Salaries are set by congress Around $200,000 Around $200,000 Chief Justice – $212,000 Chief Justice – $212, T. Marshall; 1 st Black Justice T. Marshall; 1 st Black Justice Sandra Day O’Connor; 1 st female Justice Sandra Day O’Connor; 1 st female Justice

Supreme Court Cases Brief -a written argument submitted by both sides arguing their respective side of the case Brief -a written argument submitted by both sides arguing their respective side of the case Docket -the Supreme Courts schedule for events to be heard Docket -the Supreme Courts schedule for events to be heard Conference –After reading briefs and hearing oral arguments the Supreme Court meets to make decision on respective cases Conference –After reading briefs and hearing oral arguments the Supreme Court meets to make decision on respective cases Opinions Opinions Majority Opinion Majority Opinion Concurring Opinion Concurring Opinion Dissenting Opinion Dissenting Opinion Abstain Abstain

Supreme Court Decisions Stare Decisis –Latin for “to let the decision stand” (Precedent) Stare Decisis –Latin for “to let the decision stand” (Precedent) Judicial Restraint –Does not contradict elected officials opinions Judicial Restraint –Does not contradict elected officials opinions Judicial Activism –Supreme Court Justices take a more active role Judicial Activism –Supreme Court Justices take a more active role