Democracy and Constitutions The Texas System of Justice p

The Judicial System Made up of courts and judges Serves 3 purposes: It supports a system by which those accused of crimes may be tried and, if found guilty, punished. It supports a system by which those accused of crimes may be tried and, if found guilty, punished. Provides a system in which disputes can be settled Provides a system in which disputes can be settled Decides what the laws of the state mean and how they should be enforced. Decides what the laws of the state mean and how they should be enforced. Two general areas of law: Civil Civil Criminal Criminal With the exception of some local judges, Texas judges are elected by voters.

Texas Civil Law The word civil comes from the Latin word for citizen. Civil Law pertains to legal disputes between private citizens, businesses, and governments. Lawsuits between citizens are known as civil suits and are based on civil laws. Most civil cases concern disputes about property, money, child custody, or insurance claims.

Criminal Law Criminal law is the set of laws that describe what people can and cannot do. It is concerned with crimes and punishment. A criminal case is one in which a person are accused of breaking the law. In a criminal case, the government brings court action against the accused. A private citizen cannot file a criminal suit. Two types of offenses are recognized under criminal law: Two types of offenses are recognized under criminal law: Felony Felony Misdemeanor Misdemeanor

Criminal Law A felony is a very serous crime, such as murder, arson, or kidnapping. People convicted of a felony usually goes to prison or given the death penalty. A misdemeanor is a less serious crime such as disorderly conduct, gambling, or dangerous traffic violation. People convicted of misdemeanors may pay fines, serve terms in county jails, or both.

The Jury System Whenever a person is accused of a felony, a group of people called a grand jury considers the case. If 9 or more of the 12 members of the grand jury believe there is evidence that the person might have committed the crime, and indictment, called a “true bill” is issued. If the grand jury decides there is not enough evidence, it can issue a “no bill.” A petit jury decides the criminal cases that go to court. After the attorneys present the evidence, all members of the jury must agree on a decision of “guilty” or “not guilty.”

The Jury System If the accused is guilty, either the judge or the jury decides on a sentence. Some cases are settled by plea bargaining. Usually the defendant agrees to plead guilty to a lesser charge. Many times both sides have something to gain. When a plea bargain occurs, the government saves the money and time involved in a trial. The guilty plea also ensures that the accused will receive some punishment.

Working for Justice The Texas Department of Public Safety (DPS) conducts criminal investigations, supervises highway traffic, and licenses drivers. County sheriffs and city police department conduct local law enforcement. The Texas Department of Criminal Justice administers the state prisons for adults. One key individual who works on behalf of justice is the state attorney general, considered to be the state’s lawyer. If a case goes to court, the attorney general’s office represents the state.

Working for Justice When a case comes to court, jurors have a great responsibility to determine the facts. They also may need to decide the punishment for a person found guilty. To serve on a jury, one must be a Texas citizen, be at least 18 years old, and be able to read and write. Jurors cannot have any felony convictions or be under indictment for committing any felony.

The Court System of Texas There are two kinds of courts in Texas: Trial Trial Appeals Appeals Trial courts hear cases and reach a decision called a verdict. Municipal (or justice of the peace) – city; city violations/misdemeanors County - at least 1 per county; civil cases/criminal misdemeanors District – felony cases/serious crime Appeals courts decide if trial held in trial courts were fair.