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?

Criminal v Civil Law Criminal law is an issue of person v society Criminal law is an issue of person v society This type of court case occurs when someone has committed a crime. If the offender is not punished for their actions, they may do it again. This type of court case occurs when someone has committed a crime. If the offender is not punished for their actions, they may do it again. Civil law is an issue of person v person Civil law is an issue of person v person This type of court case occurs when someone has harmed someone either financially or by accident and it only effects that other person. This type of court case occurs when someone has harmed someone either financially or by accident and it only effects that other person.

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

PA Court System

Federal Court System 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 (14 th amendment). In other words, according to the 5 th amendment, the gov’t must follow proper Constitutional procedures in lawmaking, carrying out laws, or procedures in trials.

Parts of the Court -The Judge

The Judge The judge is the interpreter of the law in the courtroom. In their courts, they are “all-powerful.” They can decide the outcome of cases or they defer their decisions to a jury.

How do Judges Get Selected? All federal judges are appointed by the President and approved by the Senate. All federal judges are appointed by the President and approved by the Senate. How does the President pick judges? How does the President pick judges? Party affiliation Judicial philosophy Personal background of the judge Professional background of the judge REAL … well, kind of

Judges in the States Judges in states can either be selected by the governor. OR Judges in states can by elected by the voters. In PA, judges are elected.

Parts of the Court

Prosecution / Plaintiff The Office of the Prosecuting Attorney makes every effort to hold a defendant accountable to their victims by the collection of restitution. 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. In a civil case, punishment is often monetary. In a criminal case, punishment can be monetary or physical. In a criminal case, punishment can be monetary or physical.

Parts of the Court

The Defense/ Respondent 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 / respondent has, typically, the better defense they can present. The more money the defendant / respondent has, typically, the better defense they can present. Many have argued that this undermines the “fairness” of the Constitution. Many have argued that this undermines the “fairness” of the Constitution. Barry Scheck, Peter Neufeld, OJ, Johnnie Cochran, and Robert Shapiro Robert Kardashian and OJ

Parts of the Court

The Court Clerk 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. The judge is dependent on the record clerk to keep the court moving smoothly.

Parts of the Court

The Witnesses 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. 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. 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.

Parts of the Court

Parts of the Court – The Jury Only the lower levels of state and federal courts have jury trials. 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. Only the lower levels of state and federal courts have jury trials. 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 (small) will listen to the evidence and decide the outcome of the case. When the case goes to trial, a petit jury (small) 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.

Voir Dire the Jury Also known as jury selection, to voir dire the jury means, “to question.” Also known as jury selection, to voir dire the jury means, “to question.” The judge will give a brief summary of the case and the prosecution and defense lawyers will begin to question the jury. The judge will give a brief summary of the case and the prosecution and defense lawyers will begin to question the jury. This questioning procedure will help the lawyers to determine who the best jurors are for the case. This questioning procedure will help the lawyers to determine who the best jurors are for the case. PA law requires 12 jurors for a case. PA law requires 12 jurors for a case.

Jury Selection juries are chosen through random processes and deliberate choice three steps: a) compiling a master jury list, b) drawing the venire, and c) conducting the voir dire

Master Jury List a master list of names is compiled for the community where the trial will be held (must be representative) a master list of names is compiled for the community where the trial will be held (must be representative) common sources include, voter registration, motor vehicle records, telephone directories, driver’s license lists, utility customer lists common sources include, voter registration, motor vehicle records, telephone directories, driver’s license lists, utility customer lists historically some groups have been excluded: women, African-Americans historically some groups have been excluded: women, African-Americans

Venire the venire is the jury pool the venire is the jury pool names are drawn from the master jury list and they are asked to report for jury duty (the venire) names are drawn from the master jury list and they are asked to report for jury duty (the venire) some exemptions are made: doctors, lawyers, ministers, etc. some exemptions are made: doctors, lawyers, ministers, etc. compliance with jury duty summonses is a major concern (many people do not report or ask for exemptions) compliance with jury duty summonses is a major concern (many people do not report or ask for exemptions)

Voir Dire voir dire is the examination of a prospective juror to determine if they can be fair and impartial voir dire is the examination of a prospective juror to determine if they can be fair and impartial process varies tremendously—sometimes only a judge is involved in other place lawyers participate too process varies tremendously—sometimes only a judge is involved in other place lawyers participate too scope and intensity of the questioning varies too, can take a short time or long depending on the case scope and intensity of the questioning varies too, can take a short time or long depending on the case

each side in the case can excuse potential jurors each side in the case can excuse potential jurors challenge for cause – is when the a juror is removed because the lawyers and judge agree the individual cannot be fair challenge for cause – is when the a juror is removed because the lawyers and judge agree the individual cannot be fair peremptory challenges – when lawyers excuse jurors without giving a reason peremptory challenges – when lawyers excuse jurors without giving a reason

lawyers have wide discretion to use peremptory challenges – but may not exclude jurors because of race or gender lawyers have wide discretion to use peremptory challenges – but may not exclude jurors because of race or gender lawyers use voir dire for other reasons: lawyers use voir dire for other reasons: educating citizens about the role of juror educating citizens about the role of juror try to influence how the juror views their client try to influence how the juror views their client

JURY DUTY jury duty is the only time when citizens perform direct service for their government jury duty is the only time when citizens perform direct service for their government many citizens appear frustrated with having to perform jury service many citizens appear frustrated with having to perform jury service most jurors report being satisfied with the process most jurors report being satisfied with the process government is trying to ease the burden -- to get greater compliance government is trying to ease the burden -- to get greater compliance

Deliberating the Case After the hearing the facts of the case, the jury will leave the courtroom to go into deliberation. Here, the jury will look over the evidence, discuss the facts of the case, go over witness testimony, and decide the outcome of the case. In a criminal trial, the jury must make a unanimous decision. In a civil trial, the decision only has to be made by the majority.

Parts of the Court

Parts of the Court – Court Officials Each District Court has a U.S. attorney for both civil and criminal cases brought to the court. 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. Other people in the courtroom include deputy clerks, bailiffs, a stenographer, and a record clerk.