Chapter 9 The Judiciary

Copyright © 2016 Cengage Learning. All rights reserved. learning objectives LO 9.1 Describe the differences between criminal and civil cases and between original and appellate jurisdiction. LO 9.2 Explain how the courts are organized in Texas and identify the jurisdiction of each major court. LO 9.3 Understand the role of grand juries and trial juries and analyze the responsibilities of citizens in the Texas legal system. LO 9.4 Compare and evaluate the most common methods of judicial selection in the United States and in Texas. LO 9.5 Apply what you have learned about the Texas Judiciary. Copyright © 2016 Cengage Learning. All rights reserved.

LEGAL CASES AND JURISDICTION Civil and Criminal Cases Civil cases Deal primarily with individual or property rights Plaintiff often a private party Burden of proof based on preponderance of evidence Remedy is relief from, or compensation for, violation of legal rights Copyright © 2016 Cengage Learning. All rights reserved.

Table 9-1 p234

LEGAL CASES AND JURISDICTION Civil and Criminal Cases (cont.) Criminal cases Involve a violation of penal law Burden of proof falls on prosecution to prove guilt beyond reasonable doubt Remedy is punishment by fine, imprisonment, or both Copyright © 2016 Cengage Learning. All rights reserved.

LEGAL CASES AND JURISDICTION Original and Appellate Jurisdiction Original jurisdiction Power to try a case being heard for the first time Judge oversees procedure Jury evaluates the evidence Appellate Jurisdiction Power to review lower court decisions Does not involve new trial Proceedings based on law, not fact Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. Court Organization Municipal Courts Exclusive jurisdiction to try violations of city ordinances Handles minor violations of state law Punishment: a fine of $500 or less and no jail sentence Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. Court Organization Justices of the Peace Have jurisdiction over: Criminal cases where the fine is less than $500 Civil cases where dispute involves less than $10,000 May issue warrants for search and arrest Qualifications and objectivity Copyright © 2016 Cengage Learning. All rights reserved.

Court Structure of Texas Figure 9.1 This court organizational chart arranges Texas courts from those that handle the least serious cases (bottom) to the highest appeals courts (top). What are ways to simplify and professionalize the state’s court structure? Source: Office of Court Administration, Texas Judicial Council, Annual Statistical Report for the Texas Judiciary: Fiscal Year 2013, Austin, Texas, 2013. How could the Texas court structure be simplified?

Judicial Qualifications and Selection in Texas Figure 9.2 This figure provides the minimum qualifications to become a judge and the method by which judges are selected for the different Texas courts from those that handle the least serious cases (bottom)to the highest appeals courts (top). Source: Office of Court Administration, Texas Judicial Council, Annual Statistical Report for the Texas Judiciary: Fiscal Year 2013 , Austin: Texas, 2013.

Copyright © 2016 Cengage Learning. All rights reserved. Court Organization County Courts Each of 254 Texas counties has county court County judge elected for a four-year term Handles probate and civil matters where the dispute is between $200 and $10,000 Handles criminal matters for serious misdemeanors where punishment is a fine greater than $500 or jail time less than 1 year Because the constitutional county judge also has administrative responsibilities as presiding officer of the commissioners’ court (the governing body for Texas counties and not a judicial entity at all), he or she may have little time to handle judicial matters. Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. court organization District Courts Chief trial courts of the state Jurisdiction Felony cases Civil cases in which matter exceeds $200 Juvenile cases Heavy caseload results in plea bargaining Plea bargaining: Negotiations between the prosecution and the defense to obtain a lighter sentence or other benefits in exchange for a guilty plea (commonly to a less serious crime) by the accused. Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. District Courts: Categories of Cases Disposed, Year Ending August 31, 2013 Figure 9.3 The pie chart and bar graphs show the kind of serious legal matters that district courts decide. Explain how many of these district court cases are settled by negotiated agreements between the parties. Source: Office of Court Administration, Texas Judicial Council, Annual Statistical Report for the Texas Judiciary: Fiscal Year 2013, Austin, Texas, 2013. Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. court organization Courts of Appeals Fourteen courts of appeals Hear appeals for both civil and criminal cases Only a small percentage of trial court cases are appealed Copyright © 2016 Cengage Learning. All rights reserved.

Appeals Court Districts (Map with Table) Figure 9.4 Fourteen courts of appeals serve the geographical areas shown on this map. These courts handle both criminal and civil appeals from district courts in their area. Source: Office of Court Administration, Texas Judicial Council, Annual Statistical Report for the Texas Judiciary: Fiscal Year 2013, Austin, Texas, 2013. How does appellate jurisdiction differ from original jurisdiction?

Copyright © 2016 Cengage Learning. All rights reserved. court organization Court of Criminal Appeals Dual system of courts of last resort Texas Supreme Court Texas Court of Criminal Appeals Have exclusive jurisdiction over automatic appeals in death penalty cases As of May 2014, the state had executed 515 people since 1982 when the death penalty was reinstated in Texas. Since 2000, an average of 22 people have been executed each year, with 16 executions taking place in 2013. How likely is it that a conviction will be reversed on appeal in Texas courts? Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. court organization Supreme Court Final court of appeals in civil and juvenile cases Has original jurisdiction over Issuance of writs Conduct of proceedings for the involuntary retirement or removal of judges Has power to establish rules for administration of justice Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. court organization Supreme Court (cont.) One chief justice & eight associate justices Elected for six-year terms Policymaking role Edgewood v. Kirby Why would corporations and plaintiffs’ attorneys have an interest in making contributions to the campaigns of candidates to the Texas Supreme Court? Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. court organization Grand Jury Determines whether there is sufficient evidence to bring the accused to trial Indictment True bill No bill Information Alternative to indictment Used for minor offenses Information: A written accusation made by the prosecutor against a party charged with a minor crime; it is an alternative to an indictment and does not involve a grand jury. Indictment: A formal written accusation issued by a grand jury against a party charged with a crime when it has determined that there is sufficient evidence to bring the accused to trial. Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. court organization Petit (Trial) Jury A jury in a criminal or civil trial County courts have six-person juries District courts have twelve-person juries Selection of jury panel Challenge for cause Preemptory challenge Challenge for cause: A request to a judge that a certain prospective juror not be allowed to serve on the jury for a specific reason, such as bias or knowledge of the case. Peremptory challenge: A challenge made to a prospective juror without being required to give a reason for removal; the number of such challenges allotted to the prosecution and defense is limited. Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. SELECTION OF JUDGES Selection of Judges Appointment (governor or legislature) Merit (or Missouri) plan Elections Partisan (used by Texas) Nonpartisan What are the advantages and disadvantages of selecting judges through partisan elections? Copyright © 2016 Cengage Learning. All rights reserved.

State-by-State Selection of Supreme Court Justices Figure 9.5 How Does Texas Compare? Selecting Judges Source: 2013 Book of States, Lexington, KY: Council of State Governments, 2013. Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. SELECTION OF JUDGES The Politics of Judicial Selection in Texas Voter knowledge Partisanship Campaign contributions Copyright © 2016 Cengage Learning. All rights reserved.

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How much does justice depend on party affiliation and Judicial campaigns in Texas are partisan and expensive affairs. Source: BirchTree/Alamy How much does justice depend on party affiliation and the influence of large campaign contributions? Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. SELECTION OF JUDGES Ethnic/Racial and Gender Diversity Limited ethnic/racial diversity Gender diversity varies across court levels Lower courts more male-dominated Copyright © 2016 Cengage Learning. All rights reserved.

Copyright © 2016 Cengage Learning. All rights reserved. The Ethnic/Racial and Gender Composition of Judges Serving on the Texas Courts: 2013 Table 9.4 Source: Office of Court Administration, Texas Judicial Council, Annual Statistical Report for the Texas Judiciary: Fiscal Year 2013, Austin, Texas, 2013. Does ethnic/racial underrepresentation on the bench undermine legitimacy of state’s judicial system? Copyright © 2016 Cengage Learning. All rights reserved.

video discussion questions Did the 1950 Sweatt case represent a criminal or a civil suit? Is it likely that limited diversity on the Texas courts affected this case? How? What are the implications of partisan judicial elections on affirmative action? Copyright © 2016 Cengage Learning. All rights reserved.