Article III of the U.S. Constitution The Judicial Branch

What is the purpose of the Judicial Branch? To review and interpret the laws created by the Legislative Branch and the actions taken by the Executive Branch.

What does that mean? How does the Constitution define the job of the Courts?

Introduction to the Judicial Branch U.S. Court System Today U.S. has a dual system of courts: U.S. has a dual system of courts: Federal Courts – handle criminal and civil cases involving federal law or any constitutional issue Federal Courts – handle criminal and civil cases involving federal law or any constitutional issue State Courts – handle criminal and civil cases involving state law State Courts – handle criminal and civil cases involving state law Criminal Case – Government or state charges an individual with violating one or more laws Criminal Case – Government or state charges an individual with violating one or more laws Civil Case – Government or state resolves a dispute between two parties Civil Case – Government or state resolves a dispute between two parties (ex. Runaway Jury)

State Courts v. Federal Courts Jurisdiction is who has the authority to hear cases. State courts will hear most cases. Federal Courts will hear cases involving foreign parties, bankruptcy, the military, maritime law, two state govt’s, the U.S. v anyone, or residents of different states.

What is a Federal Crime? Federal Crime: a crime that is either made illegal by U.S. federal legislation or a crime that occurs on U.S. federal property. Federal Crime: a crime that is either made illegal by U.S. federal legislation or a crime that occurs on U.S. federal property. Murder during a hostage-taking Murder during a hostage-taking Murder with the intent of preventing testimony by a witness, victim, or informant Murder with the intent of preventing testimony by a witness, victim, or informant Mailing of injurious articles with intent to kill or resulting in death Mailing of injurious articles with intent to kill or resulting in death Murder for hire Murder for hire Bank-robbery-related murder or kidnapping Bank-robbery-related murder or kidnapping Murder by the use of a weapon of mass destruction Murder by the use of a weapon of mass destruction Trafficking in large quantities of drugs Trafficking in large quantities of drugs Treason Treason Murder related to the smuggling of illegal immigrants Murder committed during a drug- related drive-by shooting Murder committed at an airport serving international civil aviation Civil rights offenses resulting in death Murder of a member of Congress, an important executive official, or a Supreme Court Justice Murder committed by the use of a firearm during a crime of violence or a drug trafficking crime Murder of a U.S. national in a foreign country Murder during a kidnapping Murder involving torture Espionage Hijacking of airplane

Federal Court Jurisdiction What is Jurisdiction? What is Jurisdiction? The authority of the courts to hear certain cases The authority of the courts to hear certain cases Types of Federal 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

Types of Federal Courts 1.) District Courts created by the Judiciary Act of 1789 created by the Judiciary Act of 1789 Federal trial courts Federal trial courts Every state has at least one; more people = more district courts (GA has 3) Every state has at least one; more people = more district courts (GA has 3) Currently 94 district courts (w/ over 550 judges) Currently 94 district courts (w/ over 550 judges) Have original jurisdiction ONLY – no appellate jurisdiction Have original jurisdiction ONLY – no appellate jurisdiction Decide civil and criminal cases arising under the Constitution and federal laws Decide civil and criminal cases arising under the Constitution and federal laws Judges serve for life – appointed by President of U.S. and confirmed by Senate Judges serve for life – appointed by President of U.S. and confirmed by Senate Can only be removed by impeachment with a guilty verdict Can only be removed by impeachment with a guilty verdict

Types of Federal Courts 2.) U.S. Courts of Appeal Created by Congress in 1891 to help lessen the work load of the Supreme Court Created by Congress in 1891 to help lessen the work load of the Supreme Court Decide appeals from U.S. district courts Decide appeals from U.S. district courts 12 U.S. Court of Appeals 12 U.S. Court of Appeals States are divided into circuits, or geographic judicial districts (not every state has one) States are divided into circuits, or geographic judicial districts (not every state has one)circuits Also a circuit for Washington, D.C. and a special appeals court with national jurisdiction Also a circuit for Washington, D.C. and a special appeals court with national jurisdiction Have appellate jurisdiction ONLY (May only review cases already decided by a lower court) Have appellate jurisdiction ONLY (May only review cases already decided by a lower court) Panel of 3 judges decide cases in the Courts of Appeals Panel of 3 judges decide cases in the Courts of Appeals Judges serve for life – nominated by President and confirmed by Senate Judges serve for life – nominated by President and confirmed by Senate

U.S. Courts of Appeal Circuits

Types of Federal Courts 3.) 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 Current size – 8 associate justices and 1 chief justice Justices nominated by President of the U.S. and confirmed by Senate Justices nominated by President of the U.S. and confirmed by Senate Serve for “life” Serve for “life”

How is the Judicial Branch set up? U.S. Supreme Court U.S. Court of Military Appeals Military Courts 12 U.S. Court of Appeals 94 U.S. District Courts U.S. Federal Court of Appeals

Due Process Clause No state may deprive any person of life, liberty, or property without the due process of law (4 th amendment). In other words, according to the 5 th amendment, the gov’t must follow the proper Constitutional procedures. #1 - The law is legitimate #2 – The law is being enforced properly #3 – The accused is being given the right to a fair trial. The government cannot discriminate against anyone due to age, race, health, wealth, or gender.

Parts of the Court

Prosecution / Plaintiff Each District Court has a U.S. attorney for both civil and criminal cases brought to the court. The Office of the Prosecuting Attorney makes every effort to hold a defendant accountable to their victims by the collection of restitution. In a civil case, punishment is often monetary, and a physical or financial punishment in a criminal trial.

Parts of the Court

Defense / Defendant The attorney for the defense is paid for by the defendant or respondent. The attorney for the defense is paid for by the defendant or respondent. The more money the defendant / respondant has, typically, the better defense they can present. The more money the defendant / respondant has, typically, the better defense they can present. Many have argued that this undermines the “fairness” of the Constutition. Many have argued that this undermines the “fairness” of the Constutition. Barry Scheck, Peter Neufeld, OJ, Johnnie Cochran, and Robert Shapiro Robert Kardashian and OJ

Parts of the Court

Records or Court Clerk This person is the backbone of the court. This person is the backbone of the court. Their job is to keep files of the case, evidentiary information, and obtain all pertinent information needed. Their job is to keep files of the case, evidentiary information, and obtain all pertinent information needed. The judge is dependent on the record clerk to keep the court moving smoothly and is very protective of their needs. The judge is dependent on the record clerk to keep the court moving smoothly and is very protective of their needs.

Parts of the Court

Witnesses Eye witness – someone who witnesses evidence in the case. Considered to be fundamental to a case, eye witness testimony is the most unreliable evidence. Eye witness – someone who witnesses evidence in the case. Considered to be fundamental to a case, eye witness testimony is the most unreliable evidence. Expert witness – someone who testifies in a case with important professional knowledge to “clear up” the situation or evidence. Expert witness – someone who testifies in a case with important professional knowledge to “clear up” the situation or evidence. Character witness – someone who testifies about someone else’s personality. They do not add anything else to the case. Character witness – someone who testifies about someone else’s personality. They do not add anything else to the case.

Parts of the Court

The Jury U.S. District Courts are the federal gov’ts trial courts. U.S. District Courts are the federal gov’ts trial courts. When someone is accused of a crime, the charges will be heard before a grand jury. They will decide if there is enough evidence to hold a trial. When someone is accused of a crime, the charges will be heard before a grand jury. They will decide if there is enough evidence to hold a trial. If there is sufficient evidence, the grand jury will issue an indictment, which is a formal accusation. If there is sufficient evidence, the grand jury will issue an indictment, which is a formal accusation. When the case goes to trial, a petit jury will listen to the evidence and decide the outcome of the case. When the case goes to trial, a petit jury will listen to the evidence and decide the outcome of the case.

Jury Duty – Your Civic duty If you have a driver’s license, then you are eligible for jury duty. You must be 18 yrs. old, a US citizen, understand English, and not been convicted of a felony. If you are called for jury duty, you must follow the instructions or you could be charged with a crime.

Parts of the Court

Other Parts of the Court – Court Officials Each court also has a U.S. magistrate (civil officer) who issues arrest warrants and decides if someone should be held over for the grand jury. A U.S. Marshall makes arrests, secures jurors and witnesses, and helps to keep order in the courtroom. A bailiff is present to help enforce the order of the court. The court stenographer keeps a written transcript of everything that is spoken in the court.

Parts of the Court

and finally... The Judge The judge is the ultimate interpreter of the law in his / her courtroom. The judge is the ultimate interpreter of the law in his / her courtroom. They are responsible for instructing the jury about the law and their roles in the court. They are responsible for instructing the jury about the law and their roles in the court. They are responsible for keeping order in the court. They are responsible for keeping order in the court. In some cases, they will make the final verdict in a case. In some cases, they will make the final verdict in a case. The judge is the supreme ruler of everything that happens in their courtroom. The judge is the supreme ruler of everything that happens in their courtroom.