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 Trial and Appellate Courts  Jurisdiction  The authority of a court to hear a particular case  Original Jurisdiction  The power of a court to hear a case first  Appellate Jurisdiction  The power of a court to review cases after they have been to trial elsewhere 2Copyright © 2014 Cengage Learning

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 Trial and Appellate Courts  Local Trial Courts  Municipal courts and justice of the peace courts  Handle charges involving Class C misdemeanors, perform marriages, serve as magistrates of the state  Municipal courts of record  County Trial Courts  At least 1 in every county  Most constitutional county courts have original and appellate jurisdiction, as well as probate, civil, and criminal jurisdiction 4Copyright © 2014 Cengage Learning

 Trial and Appellate Courts  State Trial Courts  District-level courts of general and special jurisdiction  Most state trial courts are designated simply as district courts.  Most try both criminal and civil cases  Appellate Courts  Courts of appeals, the Court of Criminal Appeals, and the Supreme Court of Texas  14 state court of appeals districts 5Copyright © 2014 Cengage Learning

 Trial and Appellate Courts  Supreme Court  Highest court with civil jurisdiction  Nine members elected statewide on a partisan basis  Nearly all of the court’s docket involves appeals of cases  Formulates the rules of civil procedure  Can transfer cases to equalize workloads  Texas Court Records Preservation Task Force 6Copyright © 2014 Cengage Learning

 Trial and Appellate Courts  Selecting Judges  Partisan elections for all except municipal judges  Opposed by some, including most states  Missouri Plan 7Copyright © 2014 Cengage Learning

 Disciplining and Removing Judges and Justices  Judges can be removed by the voters at the next election; by trial by jury; or if they are state court judges, by legislative address or impeachment  The State Commission on Judicial Conduct  Special Court of Review (a three-judge panel of appellate judges)  Amicus Curiae program 8Copyright © 2014 Cengage Learning

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 Lawyers  More than 78,000 lawyers in Texas  State Bar Of Texas  Practicing lawyer must be a member  Promotes ethical conduct and conducts training programs 10Copyright © 2014 Cengage Learning

 Lawyers  Legal services for the poor  Bill of Rights of the Texas Constitution and 6 th Amendment of U.S. Constitution guarantee legal representation  Office of Capital Writs manages habeas corpus appeals  Legal Aid  Attorney volunteers 11Copyright © 2014 Cengage Learning

 Juries  Grand Jury  Composed of 12 citizens with qualifications of trial jurors who serve three to six months  Determine if sufficient evidence exists to indict accused  Trial Jury (petit jury)  Most people are summoned at least once  Given brief legal instructions 12Copyright © 2014 Cengage Learning

 Juries  Qualifications, Selection, and Compensation of Jurors  A citizen of at least eighteen years of age  Of sound mind and able to read and write  Neither a convicted felon or under indictment  Jurors chosen from a venire (panel of prospective jurors), then questioned by lawyers in voir dire 13Copyright © 2014 Cengage Learning

 Civil Justice System  Civil Law  Matters not covered by criminal law  Torts, contracts, domestic relations  May recover three types of damages  Economic Damages – wages  Noneconomic damages – loss in quality of life  Punitive Damages – intended to punish  Medical Malpractice 14Copyright © 2014 Cengage Learning

 Civil Justice System ■Civil trial procedure  Texas Supreme Court makes rules of civil procedures  Plaintiff – injured party who initiates civil suit  Defendant – the person being sued  Jury trial optional but rare ■Trial and appeal of a civil case 15Copyright © 2014 Cengage Learning

 Criminal Justice System  The State of Texas has identified approximately 2,600 crimes as felonies.  Graded Penalties  Different actions result in different levels of penal code violations – first, second and third degree felonies  Three classes of misdemeanors – A, B, C  Capital felony  Crime punishable by death or life imprisonment 16Copyright © 2014 Cengage Learning

 Criminal Justice System  Death Penalty on decline  Reasons  Concern about execution of innocent individuals  Life without parole option  Cost of prosecution 17Copyright © 2014 Cengage Learning

 Criminal Justice System  Criminal trial procedure  Texas Code of Criminal Procedure  Pretrial Activities  Miranda Warning  Brought before judge to hear charges  Judge decides pre-trial release option  Texas Indigent Defense Commission  Trial of a criminal case  Verdict, Sentence and Appeal 18Copyright © 2014 Cengage Learning

 Texas Department of Criminal Justice ■Four-Part Mission  Providing public safety ■Correctional Institutions Division  Promoting positive behavioral changes ■ Using discipline and education 19Copyright © 2014 Cengage Learning

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 Texas Department of Criminal Justice ■Four-Part Mission  Reintegrating offenders into the general society  Reentry and Integration Division  Community Justice Assistance Division and the Parole Division  Assisting crime victims  Victim Services Division  Crime Victims’ Compensation Fund 21Copyright © 2014 Cengage Learning

 Local Government Jails  Counties and Cities Operate Jails  Financed by county and municipal governments  Oversight by the Texas Commission on Jail Standards  350 Municipal Jails  “Drunk tanks”  Private Prisons  State and local governments contract with private companies to construct and operate prisons 22Copyright © 2014 Cengage Learning

 Juvenile Justice  “Delinquent children”  Commit felonies or misdemeanors  years old  “Status offenders”  Commit noncriminal acts  Texas Juvenile Justice Department  State and local agencies  Procedures  Adjudication hearings 23Copyright © 2014 Cengage Learning

 Coping with Crowded Dockets  Alternative Dispute Resolution – mediation and arbitration  Technology  DNA evidence 24Copyright © 2014 Cengage Learning

 Exoneration Issues  Between 1989 and 2012, 44 Texans were exonerated  Racial and Ethnic Diversity  Overrepresentation of minorities in the criminal justice system 25Copyright © 2014 Cengage Learning

1. Identify the sources of Texas law. 2. Explain the structure and jurisdiction of Texas courts. 3. Compare the functions of all participants in the justice system. 26Copyright © 2014 Cengage Learning

4. Describe the judicial procedure for the adjudication of civil and criminal lawsuits. 5. Explain the four pronged mission of the Texas Department of Criminal Justice. 6. Evaluate the fairness of Texas’s justice system. 27Copyright © 2014 Cengage Learning

1. True or False: Civil law cases involve misdemeanors and felonies. 2. True or False: Texas state law includes judge-made common law based on custom and tradition. 28Copyright © 2014 Cengage Learning

1. A court must have jurisdiction to hear a case. What does this mean? 2. Does Chief Justice Wallace Jefferson favor the current method of selecting judges in Texas? 3. True or False: It is the responsibility of the grand jury to determine whether a defendant is guilty. Copyright © 2014 Cengage Learning29

1. What are the parties to a civil lawsuit called? 2. True or false: In a civil jury trial, jurors will be asked to decide which party should win. 3. A capital felony for which the defendant received the death penalty is appealed to which court? Copyright © 2014 Cengage Learning30

1. True or False: In recent years the prison population in Texas has increased. 2. What is the reasoning used to justify Texas’s shift to treatment options in its prison system? 3. The court of last resort for juvenile proceedings is the Texas Supreme Court. Is the juvenile justice system governed by civil or criminal law? Copyright © 2014 Cengage Learning31

1. True or False: Legal scholars suggest that alternative dispute resolution proceedings have decreased the number of jury trials. 2. Most individuals who have been exonerated were sent to prison based on what type of evidence? 3. Each year, law enforcement agencies in Texas must report the number of traffic stops and subsequent actions based on those stops. What problem is this required reporting attempting to limit? 32Copyright © 2014 Cengage Learning