Judicial Branch Famous Trials.

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Judicial Branch Famous Trials

Back row (left to right): Elena Kagan, Samuel A Back row (left to right): Elena Kagan, Samuel A. Alito, Sonia Sotomayor, and Neil Gorsuch. Front row (left to right): Ruth Bader Ginsburg, Anthony Kennedy, Chief Justice John G. Roberts, Clarence Thomas, and Stephen G. Breyer.

Their Job The Supreme Court Decides the Constitutionality (does it go against the Constitution) of laws = Judicial Review 9 Judges Serve for life Appointed by President but approved by Senate

Questions What is the job of the Supreme Court? How many justices are on the court? How long do they serve? How do they get their jobs?

Marbury vs. Madison In 1803 James Madison vs. William Marbury Defined the courts right to determine whether a law violates the Constitution The Constitution is the Supreme Law of the Land Set up Judicial Review

Questions When was Marbury v. Madison? What was argued? What was the supremacy clause? Where is it in the US Constitution? What does judicial review mean? Do we still have it today?

Gideon vs. Wainwright In 1963 Gideon accused of breaking into a pool hall This was a felony (crime) under the Florida law

Trial Gideon appeared in court without a lawyer because he could not afford one He asked the courts to appoint (give) him a lawyer BUT they denied his request

Gideon Appeals courts decision While in prison he researched his case He read the 6th Amendment The 6th Amendment sets up …Right to an attorney

Supreme Courts decision The Supreme court heard his case Ruled that a defendant cannot have a fair trial without a lawyer State must provide a lawyer if you cannot afford one

Miranda vs. Arizona Ernesto Miranda vs. Arizona 1966 After he was arrested he was questioned by police

Trial Miranda made an oral and written confession At his trial police testified that they… Warned him that a written statement could be used against him Had not warned him that an oral statement could be used against him Nor had they told him he had the right to an attorney

Supreme Court Decision Since the Police did not warn Miranda about the oral statement and the right to an attorney it went to the Supreme Court The Supreme Court overturned Miranda’s conviction Violated his 5th Amendment: right to remain silent Violated his 6th Amendment: right to an attorney The Miranda Right must be read to you