State and Federal Court Systems

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Presentation transcript:

State and Federal Court Systems Law Related Chapter 5

United States Some European Courts

Courts Two parties or sides: Civil Trial: Plaintiff - the party bringing the legal action Criminal Trial: Prosecutor - the state or federal government initiates the case Defendant: the party responding to the plaintiff (civil) or prosecution (criminal) Once a trial court has made a decision, the losing party may be able to appeal the decision to an appellate, or appeals, court

Judges Ensure justice Elected or appointed public official Responsibilities: Ruling on most matters of the law Weighing objections Deciding the admissibility of evidence Sentencing offenders Disciplining disorderly courtroom attendees Deciding guilt or innocence for bench trials

Prosecution Prosecutor An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses State has the burden of proof

Defendant Generally must be present at their trials Defendants exercise choice in: Selecting and retaining counsel Planning a defense strategy with counsel What information is provided to counsel What plea to enter Whether or not to testify If convicted, should they appeal

Defense Counsel A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law Three systems: Assigned counsel Public defender Contractual arrangements Responsibilities: Represents the accused Ensure the defendant’s civil rights are not violated during the criminal justice process Participates in plea negotiations Prepares a defense Calls witnesses

Courtroom Participants Lay witness Eyewitness, character witness, or other person called on to testify who is not considered an expert Provides accurate testimony concerning only those things of which he or she has direct knowledge Are you a good eyewitness? Watch the scene and see if you notice what is going on around you http://www.youramazingbrain.org/testyourself/eyewitness.htm

The State Court System Jurisdiction The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution

Venue Map Venue means place of trial. Criminal Rule 18 explains how to use the court system's venue map to determine the place where a defendant's trial will be held. In addition to the presumptive trial sites shown on the venue map, there is also a list of approved additional trial sites in Administrative Bulletin 27. As explained in Criminal Rule 18(e), a defendant may ask the court to transfer the trial to one of those sites if it is: within the venue district where the crime charged is alleged to have occurred, and is the trial site nearest to the place where the crime charged is alleged to have occurred. Judicial district lines are also shown on the venue map.

http://www.courtrecords.alaska.gov/webdocs/rules/docs/venuemap.pdf

Problem 5.1 p. 46 B. Do you agree or disagree with the following statement: "It is better that ten guilty persons go free than that one innocent person suffer conviction." Explain your answer. C. . In a criminal case, should a lawyer defend a client he or she knows is guilty? Would you defend someone you knew was guilty? Explain.

The Sixth Amendment to the U. S The Sixth Amendment to the U.S. Constitution guarantees the right to trial by jury in criminal cases. This right applies in both federal and state courts. The Seventh Amendment guarantees a right to trial by jury in civil cases in federal courts. This right has not been extended to state courts, but many state constitutions provide a right to jury trial in civil cases.

Jury service Employers are required to let their employees take time off for jury service. Most courts pay jurors a small daily stipend, and some courts also provide a transportation fee. Some employers pay their employees during their jury service, but they are not required to do so. Voir dire: from the French phrase meaning “to speak the truth.” It is the screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible

After questioning each juror, the opposing attorneys may request the removal of any juror who appears incapable of rendering a fair and impartial verdict. This is called removal for cause. In addition, each attorney is allowed a limited number of peremptory challenges. This means the attorneys can have prospective jurors removed without stating a cause. Juries range in size from 6 to 12 persons, although all federal criminal cases require 12-person juries. In the federal system and most state systems, conviction in a criminal case requires a unanimous verdict. (Not Oregon or Louisiana)

http://courts.alaska.gov/jury/ Show handbppl 

Plea Bargaining In a criminal case, the negotiations between the prosecutor, defendant, and defendant’s attorney. In exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a lesser punishment Pretrial agreement between the prosecutor and the defendant and his or her lawyer, disposes of the case without a trial.

Appeals Courts

COURTVIEW PUBLIC ACCESS WEBSITE ALASKA COURT SYSTEM Always Verify Identity:  The court system cautions employers, credit agencies, and others to verify identity before taking any adverse action against a person whose name appears in this database.   Additional identifying information may be available in the case file.   Criminal Cases:  Do not assume that a defendant was convicted just because a criminal case was filed.  Always check the disposition of each charge. Do not assume that a defendant was convicted of a felony based on the case type. Always check the final charge in the case shown in the top bar of the charge screen. Not Published Cases: Some cases are required by statute or court rule to be removed from online public access.  For more details, see the link to the left titled "Cases Removed from CourtView".  These cases remain open to the public and are available at the courthouse.  https://records.courts.alaska.gov/eaccess/home.page.6

Federal Court System p. 52

U.S. Federal Court Districts http://www.oblon.com/sites/all/themes/oblon/resources/img/usmap.jpg

The Federal Court System U.S. District Courts Trial courts of the federal court system Includes bankruptcy court During 2012, 75,290 criminal cases and 285,260 civil cases were filed in U.S. district courts Administrative Office of the U.S. Courts, “U.S. District Courts—Criminal Cases Commenced, Terminated, and Pending during the 12-Month Periods Ending March 31, 2011 and 2012,” http://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2012/tables/D00C Mar12.pdf

The Federal Court System U.S. Court of Appeals Hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies Usually fall into three categories: Frivolous Ritualistic Nonconsensual

Tribal Courts: the Alaska Supreme Court recognizing their existence, and recognizing at least to a limited extent, tribal court jurisdiction even in the absence of Indian country. Adoption, Child custody, child protection Domestic Violence Protection of Elders and Vulnerable Adults Marriage, Divorce and Annulments Probate Alcohol regulations Military Courts: written by Congress and known as the Uniform Code of Military Justice (UCMJ) Used during wartime to try enemy combatants.: Nuremberg Trials, Guantanamo Bay http://thorpe.ou.edu/AKtribalct/index_2.html

U.S. Supreme Court Greatest authority lies in its capacity for judicial review of lower-court decisions and state and federal statutes Petition for certiorari: a formal application by a party to have a lower-court decision reviewed by the U.S. Supreme Court, which has discretion to approve or deny any such application Writ of certiorari: Issued to a lower court when the supreme court agrees to hear a case There are approximately 7000 requests for cases to be heard each year, and the court will hear about 80