The Judicial Branch & Criminal Justice US Supreme Court, Washington, DC

Jurisdiction Original jurisdiction: where case is originally tried (trial court) Concurrent jurisdiction: both federal & state courts have jurisdiction (people from different states) Appellate jurisdiction: courts of appeals only State courts: vary in structure: trial courts (civil & criminal cases), appeal courts, minor courts (justice of the peace, traffic court, small claims, juvenile, domestic, probate, etc.)

Marbury vs. Madison (1803) Chief Justice John Marshall Established judicial review: the power to review acts of Congress Case was about justices of the peace in DC VERY important case! Set a precedent (model on which to base later decisions/actions) & since SC is “court of last resort” no law can violate the precedent (“supremacy clause”)

Supreme Court Sits two weeks of the month Hears oral arguments Meets in secret conference Writes opinion on case (majority, minority, concurring, dissenting) Cases get there by writ of certiorari (order by court to lower court to send records for viewing) or on appeal

Current Supreme Court

Supreme Court procedures Lawyers must submit briefs (written statements about the case) Others can submit amicus curiae (friend of the court) briefs Chief Justice assigns the writing of the opinion Judicial activism: belief that the SC should play a role in shaping national policy Judicial restraint: belief that the SC should avoid taking the initiative on social questions such as civil rights, prayer in school, etc.

Criminal Activity Causes: theories vary. Sociologists believe access to legal activity, association with illegal activity, class, & race play the largest roles in whether someone will commit crimes. Types of crimes: traffic, misdemeanor, felony Crimes against persons, property, victimless Types of defenses: self-defense, insanity, entrapment, under the influence, alibi, statute of limitations, nolo contendre (“no contest”)

Criminal Justice process Arrest, booking, preliminary arraignment (bail/bond), preliminary hearing (possible grand jury indictment), formal arraignment (plea entry), trial, sentencing, appeal Due process of law: 4th, 5th, 6th, 7th, 8th & 14th amendments specifically address rights of the accused Civil suits (lawsuit for damages) vs criminal trial (commission of a crime: misdemeanor, felony, traffic) Sentencing: probation, prison time, fines, counseling/psychiatric treatment, house arrest, halfway house/group home, etc.