State and Federal Court Systems Ch 5 -The Court System Trial Courts Appeals Courts State and Federal Court Systems Tribal Courts Supreme Courts International Courts

Levels of the Court System

New Terms Trial Courts * Adversarial System Parties * Inquisitional System Plaintiff * Plea Bargain Prosecutor * Voir Dire Defendant * Removal for Just Cause * Peremptory Challenges

Trial Courts Listen to testimony, consider evidence, and decide the facts in dispute Adversarial System: a contest between opposing sides (adversaries). The judge or jury try to determine the truth after both sides present their side Europe operates an inquisitional system in which the judge is active in questioning witnesses and controlling the court process (including gathering and presenting evidence) ***Examples: Traffic Court, Mason County Court, Drug cases, Robbery Cases, Murder Cases

Job of a Jury Impartial Jury During the Trial Deliberation No bias either way Will consider only the facts presented During the Trial Listen closely to ALL the evidence Weigh the differences presented Deliberation Determine if the DEFENDANT is guilty of the crimes he/she is being charged with beyond a REASONABLE DOUBT

Trial Court (cont) Judge Jury Lawyers presides over the trial and has the duty of protecting the rights of those involved may determine facts and render judgment (in non-jury trials) instructs the jury as to the law sentences those convicted of committing crimes Jury both federal and state courts both criminal and civil cases jury of peers Be a citizen, be 18 years or older, be able to speak English and be a resident of the state chosen by lawyers “Voir Dire”, removal for cause, peremptory challenges plea bargain Lawyers present their case Prosecution: for the state, try to prove defendant is guilty of the crime Defense: for the defendant, try to show ‘reasonable doubt’ as to guilt of their client

Taking a Car by Mistake Joe Harper left the key in his 2002 blue sports utility vehicle while he ran an errand. When he came back an hour late, he got into someone else’s blue SUV by mistake. This car also had the key in the ignition. Harper, who did not notice it was a different car, started it and drove away. He was arrested for auto theft as a result of his mistake. At the trial, the judge told the jury it was not necessary to them to consider whether Harper intended to steal the car. Instead, the judge instructed the jury that to find Harper guilty of auto theft, they only had to decide whether he was caught driving a car that was not his. Using these guidelines, the jury found Joe Harper guilty. This case illustrates an error of law that could be appealed. Auto theft law requires that the accused person must have intended to steal the car. Since Harper did not intend to steal the car, the guilty verdict could be reversed by an appellate court.

Trial Court (cont) Judge Jury Lawyers presides over the trial and has the duty of protecting the rights of those involved may determine facts and render judgment (in non-jury trials) instructs the jury as to the law sentences those convicted of committing crimes Jury both federal and state courts both criminal and civil cases jury of peers Be a citizen, be 18 years or older, be able to speak English and be a resident of the state chosen by lawyers “Voir Dire”, removal for cause, peremptory challenges plea bargain Lawyers present their case Prosecution: for the state, try to prove defendant is guilty of the crime Defense: for the defendant, try to show ‘reasonable doubt’ as to guilt of their client

Steps in a Trial Opening Statement by Plaintiff or Prosecutor (PR) Opening Statement by Defense (D) Direct Examination by PR (call witnesses) Cross-Examination by D Direct Examination by D (call witnesses) Cross- Examination by PR Closing Statement by PR Closing Statement by D Jury Instructions > Jury Deliberation Verdict

6th Amendment Guarantees Speedy Trial No undue delay (90 days in WA) Fair/Public Trial Jury Lawyer/Counsel Know the Charges Against You Present Evidence Face your accuser

Appeals Courts (misapplication of the law) A place to seek review of the trial court No juries or witnesses No new evidence Panel of 3 or more judges Cause for Appeal Error of Law – the law was somehow misapplied or unfairly applied Constitutional Rights were denied Ruling Majority Opinion: states the decision of the court and the reasons Dissenting Opinion: states the reasons for disagreement with the majority opinion may become the basis for future challenges Concurring Opinion: states agreement with the majority, but for different reasons ***Examples: Appeal because your rights were not read to you Appeal because the judge did not allow evidence in court Appeal because penalty was too severe

State and Federal Court Systems State courts resemble Federal Courts Superior, County, District or Municipal Different types of courts (criminal, civil, small claims, probate, traffic, juvenile If you lose, you can appeal up the court system Supreme Court: highest in the land Inferior Courts: created by Congress 94 District Courts in 12 Regional Circuits Specialized Courts (military, tax, territorial, regulatory, claims, international courts, District of Columbia courts)

State Supreme Courts Hears appeals from cases of lower courts Often times, based on constitutional challenges Rulings: Majority, Dissenting, Concurring Majority Opinion: states the decision of the court and the reasons Dissenting Opinion: states the reasons for disagreement with the majority opinion may become the basis for future challenges Concurring Opinion: states agreement with the majority, but for different reasons ***Examples: Appealed because lawyers did not present adequate defense Appealed because the police mishandled the evidence

State or Federal Courts State or Federal Courts? Decide whether the case will be tried in a state or federal court A state sues a neighboring state for dumping waste in a river that borders both states. A wife sued her husband for divorce. A person is prosecuted for assaulting a neighbor. Two cars collide. One driver sues the other for hospital bills and auto repairs. A group of parents sued the local school board, asking that their children’s school be desegregated.

The Supreme Court of the US 9 Justices All other courts must follow Supreme Court precedent Accept a small number of those brought to the court Writ of Certiorari - method to appeal to the Supreme Court Rule of Four - 4 of 9 Justices must agreed to hear the case Briefs (by lawyers involved, amicus briefs) 8000 appealed – about 200 heard - 80 ruled upon Most cases have a constitutional issue at stake Each side gets 60 minutes to present their argument Justices can ask questions “Stare Decisis” – to stand by that which is decided Controversial cases often decided in Supreme Court (Death Penalty, Abortion, Freedom of Speech, Civil Rights) ***Examples: Constitutional Challenges (95%)

Gideon v. Wainwright In 1963, a case called Gideon v. Wainwright came before the US Supreme Court. In this case, a Florida man named Clarence Gideon was charged with unlawful breaking and entering into a poolroom. Gideon asked the trial court to provide him with a free lawyer because he was too poor to hire one himself. The state court refused to provide him with an attorney. It said that state law provided free attorneys only to defendants charged with capital offenses (those crimes that carry a penalty of death or life imprisonment). The 14th Amendment to the US Constitution says that no state may deprive a person of life, liberty, or property without DUE PROCESS OF LAW. Due Process means fair treatment. Gideon argued that to try someone for a felony without providing him with a lawyer violated the person’s right to due process of law. The Supreme Court agreed with Gideon. His conviction was overturned.

Gideon v. Wainwright QUESTIONS: In the case of Gideon v. Wainwright, what was the precedent that the Supreme Court set? Who has to follow that precedent? Who would have to follow the precedent if the case had been decided by a judge in a state appeals court? Does the Gideon case apply if you are charged with a misdemeanor? Does it apply if you are sued in a civil case? Do you know of other precedents established by the US Supreme Court? What are they

Tribal Courts Reservations/Tribes have their own legal systems Inherent Powers: to regulate family, tribal and other legal matters on the reservation Federal law gives jurisdiction over felonies, so most tribal courts only deal in minor crimes Tribal authority does not extend over non-Native Americans who committed crimes on the reservation

International Courts Apply and enforce international law Operates outside of the US court system Set up by the United Nations US opposed because they feared it might put US citizens (especially soldiers) on trial for political reasons Cases between countries, cases between a citizen of one country and a citizen of another country, cases between a person and a country other than their own

Judicial Independence A major concept in the US legal system is judicial independence. The Judge must remain neutral. Their actions are to ensure the fairness of the trial and to protect the rights of those involved The Jury must remain neutral. They are to listen to the facts presented during the trial and make a decision based on the law. If either does not remain neutral, the entire system is in question.

Independent Courts (p. 58) Do these actions violate judicial independence? WHY? Judge Eric Donovan’s decision in an abortion case is criticized in a local newspaper editorial. Marsha Monroe is running for election to be a judge on her state’s supreme court. She gets a donation ($5000) from a large corporation. Some US senators are unhappy with the decisions of US District Judge Marion Jones, who has ruled that the death penalty can never be used again in her jurisdiction because she believes the death penalty is wrong. The senators call for Judge Jones to resign. Judge Max Kaufman presides over a case involving a corporation. A distant cousin of his is employed by that corporation and is a witness for the corporation at trial. Judge Kaufman rules for the corporation. Judge Maureen Kim is running for reelection and knows that crime is a big issue with the voters in her state. In the months just before the election, she hands down some unusually long sentences for drug offenses. Arnold Swartz is running for election as a county judge. He campaigns that he will never make a ruling in a case that takes money away from the education of children in the county.

Essay Questions Do 2 of the 3 essays What types of cases does the United States Supreme Court mostly hear? How does a case reach the Supreme Court? What is Judicial Independence and why is it SO IMPORTANT to the system of law in the US? Tom Smith has been a bad neighbor. He doesn’t keep up his yard. In fact, he throws trash into the yards of his neighbors. His neighbors are suing him. The judge orders arbitration/mediation. Explain the process Mr. Smith and his neighbors would go through in this process.

Quick Review Ch 4 -Methods of Resolving Disputes Negotiations Arbitration Court Action Informal Talks VOCABULARY Mediation Adversarial System Ombudsperson Arbitration Ch 5 - The Court System Error in Law Levels of Courts Mediator Steps in a Trial Negotiations Types of Courts Ombudsperson Petition for Certiorari Settlement Trial Courts Voir Dire