The Judicial Branch

Found in Article III (3) of the Constitution Found in Article III (3) of the Constitution Is in charge of: Is in charge of: The Courts The Courts The Supreme Court The Supreme Court Courts of Appeals Courts of Appeals District Courts District Courts

Civil vs Criminal Cases Criminal case- government or state charges an individual with violation one or more laws (for punishment) Criminal case- government or state charges an individual with violation one or more laws (for punishment) Civil cases- government or state resolves a dispute between two parties (for compensation $$$$) Civil cases- government or state resolves a dispute between two parties (for compensation $$$$)

Avenues of Appeal: The two main routes to the Supreme Court Appeal- Appeal- apply to a higher court for a reversal of the decision of a lower court Our court system has been divided into two parts; state courts and federal courts. Our court system has been divided into two parts; state courts and federal courts.  State cases must be dealing with laws established at the state level (example: DUI laws)  Federal cases must be dealing with laws established at the federal level (terrorism, tax evasion)

Jurisdiction 1.) Original Jurisdiction : authority to hear a case for the first time Trials are conducted, evidence is presented, and juries determine outcome of case Trials are conducted, evidence is presented, and juries determine outcome of case Federal District Courts and the Supreme Court (in certain cases) have original jurisdiction Federal District Courts and the Supreme Court (in certain cases) have original jurisdiction 2.) Appellate Jurisdiction: courts that hear reviews or appeals of decisions from the lower courts Federal Courts of Appeals and the Supreme Court have appellate jurisdiction Federal Courts of Appeals and the Supreme Court have appellate jurisdiction 3.) Concurrent Jurisdiction: allows certain types of cases to be tried in either the federal or state courts

Participants in the Judicial System Called Litigants Called Litigants Plaintiff: the party bringing the charges Plaintiff: the party bringing the charges Defendant: the party being accused or charged Defendant: the party being accused or charged Jury: 12 people who decide the outcome of the trial Jury: 12 people who decide the outcome of the trial

Legal System Basics Steps in the Legal System process: 1. Arrest 2. Initial Appearance 3. Grand Jury OR Preliminary Hearing 4. Arraignment 5. Trial

ARREST To make an arrest, you must have probable cause; it is now a requirement to give the accused their Miranda Rights (came about in 1966) upon making an arrest; could be taken to jail or given notice to appear in court

Origins

Initial Appearance Within 24 hours, the defendant must be taken before a judge or magistrate to be told probable charges; the court must make sure that the defendant understands his rights…. Also decides his disposition – jail, bail or released on his own recognizance (ROR)

Grand Jury This body is used most often because it is quicker and cheaper – it is not a trial – it is used to demonstrate to 15 citizens that the state has probable cause to bound the defendant over for trial. There is NO judge. The jury, prosecution, prosecuting witness(es), officers of the court may ask to go before the grand jury or they may be asked to appear. The defendant does not appear in front of the grand jury EVER!

Preliminary Hearing This body does the same thing as a grand jury. The BIG difference is that is is more formal. It has a judge, a prosecution, witnesses, the defendant, defense witnesses, officers of the court, etc… BUT there is NO JURY. Their purpose is the same as the grand jury - - the prosecution must demonstrate through evidence that there is probable cause to hold a defendant for trial

Grand Jury/Preliminary Hearing Both of these are trying to prove there is enough evidence for trial! IF they decide there is enough evidence, the court will pass down an INDICTMENT. IF an indictment is passed down, the defendant is told they must hold over for trial. IF they decide there is enough evidence, the court will pass down an INDICTMENT. IF an indictment is passed down, the defendant is told they must hold over for trial.

Arraignment This is where the defendant is told several things: Charges Charges Reinforced of his rights Reinforced of his rights Enters a plea – guilty, not guilty or no contest Enters a plea – guilty, not guilty or no contest Decides disposition again Decides disposition again Trial date is set (if the defendant is being held in jail, 60 days; if they are out of custody, 90 days) Trial date is set (if the defendant is being held in jail, 60 days; if they are out of custody, 90 days)

Trial This is the last step in the trial process. As long as there is not reason for appeal, the decision at this trial will stand.

Cases involving state laws are tried State Trial Courts Litigant loses and appeals Intermediate Appellate Courts Litigant loses and appeals 50 State Supreme Courts If dealing w/ a constitutional question, case can be appealed to the Sup. Ct 30% come from State courts to the S.C. US SUPREME COURT

Cases involving Federal laws are tried 89 District Courts Appeals of ruling by District Courts 13 Circuit Court of Appeals Rulings can be appealed Over 65% of S.C. cases comes from federal courts US SUPREME COURT

The Supreme Court U.S. Supreme Court U.S. Supreme Court Only court actually created directly by the Constitution Only court actually created directly by the Constitution Highest court in the federal judicial system Highest court in the federal judicial system Final authority in dealing with questions arising from the Constitution, federal laws, and treaties Final authority in dealing with questions arising from the Constitution, federal laws, and treaties Has both original and appellate jurisdiction Has both original and appellate jurisdiction 90% of cases are appeals from lower federal courts 90% of cases are appeals from lower federal courts Congress establishes the size of the Supreme Court Congress establishes the size of the Supreme Court Current size – 8 associate justices and 1 chief justice (9 total) Current size – 8 associate justices and 1 chief justice (9 total) Justices nominated by President of the U.S. and confirmed by Senate Justices nominated by President of the U.S. and confirmed by Senate Justices serve for “life” Justices serve for “life”

U.S. Supreme Court Justices Chief Justice John Roberts, Jr. Chief Justice John Roberts, Jr. Associate Justices: Associate Justices: ANTONIN SCALIA ANTHONY M. KENNEDY CLARENCE THOMAS RUTH BADER GINSBURG STEPHEN G. BREYER SAMUEL A. ALITO, JR. SONIA SOTOMAYOR ELENA KAGAN

Judicial Selection No formal qualifications for federal judges No formal qualifications for federal judges Federal judges serve “during good behavior”, which generally means for life Federal judges serve “during good behavior”, which generally means for life Why? – allows judges to be free from political pressures when deciding cases (don’t have to worry about being re-elected) Why? – allows judges to be free from political pressures when deciding cases (don’t have to worry about being re-elected) May be removed from office through impeachment and conviction May be removed from office through impeachment and conviction 12 federal judges impeached – 7 found guilty and removed 12 federal judges impeached – 7 found guilty and removed