Unit 2: History & Structure of the American Legal System Standards: PS-LCRP 2:b-e Standards: PS-LCRP 3:a-g EQ: What makes the United States court system unique?

Research Assignment Pros/Cons of indigent defense ID 2 or more types of indigent defense systems 2 sources – reliable

Where do laws come from? Discussion

Sources of Law-Federal n Constitution - No higher law ex post facto laws prohibited –acts must have been criminal at time it was committed –sentences must not be harsher than at time crime was committed –rules of evidence must not be more favorable to prosecution than they were at time crime was committed

Sources of Law-Federal Due Process (14th Amendment) laws must not be vague may not vest too much discretion in police Equal Protection (14th Amendment for states; 5th Amendment for federal cases) no laws discriminating on the basis of race, religion, etc.

Sources of Law-Federal (No longer Constitution) United States Code — Enacted by U. S. Congress — Title 18 contains most federal crimes — applies to crimes occurring on federal land and also to some interstate crimes — Civil Rights Act

Sources of Law- State State constitutions n Establishes rules for operation of state government n Contains Bill of Rights Majority vote usually required to amend state constitution

Sources of Law- State State statutes n Enacted by state legislature and signed by governor –Legislature has authority to override veto by governor n Statutes apply statewide n Amendment of statute requires vote of legislators –Simple majority of each house of legislature –Statutes may be added by ballot initiative

Sources of Law- State Local Ordinances n Enacted by City Council, County Board, etc –State Constitution establishes local authority –limited to specified subjects –restricted to enacting misdemeanors and infractions

Sources of Law- Common Common law Law of England at time colonies settled Heavy reliance on precedent

Legislative Structure Federal Bills stand test of Constitution Only way around constitution is constitutional amendment

Federal Laws Under Construction CongressExecutivePublic Judiciary Constitutional Unconstitutional

Legislative Structure State Must conform to state & federal constitutional standards Georgia is set up like U.S. Congress

What roles do laws serve in a democratic society? Discussion

Structure of Judicial System Federal. U.S. Supreme Court U.S. Court of Appeals U.S. District Court

Structure of Judicial System State - Misdemeanor U.S. Supreme Court Magistrate/Municipal Ga. Supreme Court State Court Ga. Court of Appeals

Structure of Judicial System State - Felony U.S. Supreme Court Initial Hearing Ga. Supreme Court Superior Court Ga. Court of Appeals

“Dual” Court System Ga. Supreme Court Superior/State Court Ga. Court of Appeals U.S. Supreme Court U.S. Court of Appeals U.S. District Court

Authority of Courts Jurisdiction Geographic Subject Matter - Felony/Misd. Venue Federal/State

Roles of the Participants Law Enforcement n detect crime and enforce laws n discretion on how strictly to enforce laws

Roles of the Participants Prosecutor n Gatekeeper to judicial process n Most powerful player in CJS n Reject "weak" cases Select cases to prosecute within limits of available resources

Roles of the Participants Defendant n Innocent until proven guilty n Not required to establish own innocence n Privilege not to incriminate self

Roles of the Participants Defense attorney n Use all legal means to defend client's rights n Responsible for tactical decisions in preparing case n Defending the “Constitution” in ensuring all defendants are properly represented n Attorney-Client privledge

Indigent Defense Class Debate

Roles of the Participants Judge n duty to be neutral n discretion to make rulings on admissibility of evidence n maintains decorum in courtroom n admonishes jurors on law n decides guilt of defendant if jury trial was waived

Roles of the Participants Judge: Selection Process n All judges in Georgia are elected –Non-partisan –Except Supreme Court Appointed n Other states: –Elected –Appointed by same level executive official –Appointed by special committee

Roles of the Participants Judge: Selection Process n Federal judges –Nominated by president Usually vetted by Justice Department or special committee –Confirmed by senate Usually not contentious

Roles of the Participants Judge: Qualifications n Attorney –Passed bar –Good standing n Politically connected

Roles of the Participants Jury n decide case on the facts introduced at trial n collective conscience of community n may ignore law and acquit defendant

Roles of the Participants Appellate Courts n review criminal convictions n rule on judge's decision to admit evidence at trial n verify jury was given correct statement of law n reverse conviction if trial errors were prejudicial n Interprets the Constitution

Roles of the Participants Other participants n Bailiff – officer in court, serves judge, courtroom decorum n Court administrators – oversee office issues, manegerial,clerical n Court reporter – uses Stenotype to record court activities. Creates official court transcript

Roles of the Participants Other participants n Clerk of court – oaths, records & files motions, collects fees and issues court records n Expert witnesses – education, training and/or experience allows them to testify about their opinion

Roles of the Participants Other participants n Witnesses – sometimes hard to locate, must testify n Victims – children may have special considerations n Media – can have impact on trial, jury selection

Civil v Criminal Trials Civil n Plaintiff n Individuals and organizations n No protected rights n Tort, breech of contract, negligence or failure of duty n Both may appeal Criminal n Prosecution n State n Con rights n Crime n Defendant may appeal

Civil v Criminal Trials Civil n Punishment – prison, fines, death n Standard of Proof: Beyond reasonable doubt n Burden of Proof: initially on plaintiff, but both have to prove Criminal n Punishment – punitive damages n Standard of Proof: preponderance of evidence n Burden of Proof: on the state

Lady Justice n Woman - Compassion n Blindfold - Equality n Scales - Fairness/Truth n Sword - Power n Serpent - injustice/evil

Unit 2: History & Structure of the American Legal System Standards: PS-LCRP 2:b-e Standards: PS-LCRP 3:a-g EQ: What makes the United States court system unique?