Kaplan University Professor Chad Rosa Unit 6

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Presentation transcript:

Kaplan University Professor Chad Rosa Unit 6 Welcome to CJ 101!! Kaplan University Professor Chad Rosa Unit 6

Kaplan University Once again, a few reminders………

Your Professor – Me  Minnesota – southern metro area Over 18 years of criminal justice experience including: private security, state patrol, municipal patrol officer and school resource officer

Online Learning at KU KU stands for Kaplan University Each class is 10 weeks long Each week is called a Unit Each unit has several graded items – check the gradebook!!

Online Learning at KU Each unit/week starts on Wednesday & ends at 1159 pm EST on Tuesday Start your work for each Unit early – DON’T wait until the end of the week to complete your work

Online Learning at KU Want to be successful in my class? The following are the secrets…

Reading Each unit has a reading link – which tells you which chapter(s) to read Electronic book/chapters in docsharing PowerPoints – Read both  Start your work for each Unit early – DON’T wait until the end of the week to complete your work

Discussion Questions Each unit has a discussion board question Always answer the question with at least a 100 word response Always “reply” to one other student for each question. Must give good input and thought – not “good post” etc

Quizzes Many units will have a quiz You can always retake a quiz to get a better grade – most recent score is kept However, quizzes are only open during the unit, never accepted late

Seminars EASTERN TIME No seminar during units 5 or 10 Participation & quality input If you miss a seminar – alternate assignment to DocSharing, NOT Dropbox 

Seminars If you miss a seminar – Review the instructions in the seminar link of each unit. To receive credit for the seminar if you are unable to attend, you are required to write a 1 page paper summary on what we covered. Review the seminar archive for additional information. Submit your assignment using the Doc Sharing tab. Select the option to send to your instructor only.

More Success Go in to DocSharing and print out my example paper and EXACTLY follow that format MUST write all papers in a Microsoft Word document MUST write in Times New Roman size 12 font and double space Cover/title page, body of text and reference page

Gradebook Always check your grade book Click on each individual grade so you can read my comments You can always redo and resubmit any work for a better grade – BUT only within ONE week For example, you receive a low grade on your Unit 2 paper – you have until the end of Unit 3 to resubmit it if you want to

Late Work Late work will only be accepted one week late – for up to full credit After one week – no credit will be given

Unit 5 Recap!! Graded items: Midterm PowerPoint Complete the StrengthsQuest Assessment

What do I have to do to complete this unit? Read Chapters 9 Discussion Board – discuss SQ results Attend the Seminar Complete the Quiz

StrengthsQuest (SQ) Results Lets talk about your SQ results Everyone please list some of your strengths

StrengthsQuest (SQ) Results How can you use those strengths for your schooling and/or career?

StrengthsQuest (SQ) Results Everyone please give some examples of how a courtroom participant could use 1 or more of your strengths in their job……..

The Courts: Structure and Participants Unit 6 The Courts: Structure and Participants We examine the role of the judge in court proceedings and the responsibilities and jurisdiction of state, federal and appellate courts. The prosecutor and defense attorney serve different, but equally important functions in the administration of justice.

Unit 6 The development of the American court system The differences between the state and federal court systems About indigent defense, and how it is applied in the United States The roles of expert and lay witnesses in a criminal trial, and describe how their testimony might differ How professional and nonprofessional courtroom participants work together to bring most criminal trials to a successful close

Unit 6 Court System Explain the concept of the dual-court system in America

America’s Dual Court System The United States has courts on both the federal and state levels. This dual system reflects the state’s need to retain judicial autonomy separate from the federal government. Most criminal cases originate within state courts.

America’s Dual Court System Identify some of the differences between the state and federal court systems Everybody give it a shot!!

The State Court System Many differences among state courts Most use the three-tiered structure Trial courts of limited jurisdiction Trial courts of general jurisdiction Appellate courts Court reform movement seeks to simplify and unify court structures Most criminal cases originate within state courts

Typical State Court System

The State Court System Where criminal cases “begin.” Bail hearings Arraignments Enters pleas Conducts trials Sentences Two types of trial courts: Courts of limited, or special, jurisdiction (lower courts) Courts of general jurisdiction

The State Court System State Trial Courts: Courts of Limited Jurisdiction Authorized to hear: Misdemeanors Family disputes Traffic violations Small claims

The State Court System State Trial Courts: Courts of Limited Jurisdiction Lower courts: Rarely hold jury trials Do not maintain detailed records of proceedings (just charge, plea, finding, and sentence) Less formal than higher courts

The State Court System State Trial Courts: Courts of General Jurisdiction Also called: high courts, circuit courts, or superior courts. Formal courts that make full use of juries, witnesses, prosecutors, defense attorneys, and other actors. Authorized to hear: Any criminal case Lower court appeals Trial de novo (New trial)

The State Court System State Appellate Courts 39 states have intermediate and high-level appellate courts (courts of last resorts) All states have supreme courts

The State Court System Appeals Appeals are requests by a defendant to a higher court asking it to review the actions of a lower court Some cases (involving death penalty or life sentences) are automatically appealed

The State Court System Appeals – the Results Most convictions are confirmed Some decisions are reversed and cases remanded Recourse may be to a state supreme court Generally, state supreme court is the court of last resort

The Federal Court System Established by the U.S. Constitution Article III, Section 1 “One Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.”

The Federal Court System Article III, Section 2 Federal courts are to have jurisdiction over cases arising under the Constitution, federal law, and treaties. Federal courts are to settle disputes between states and to have jurisdiction in cases where one of the parties is a state.

The Federal Court System What at the three Levels of federal courts?

The Federal Court System What at the three Levels of federal courts? U.S. Supreme Court U.S. Courts of Appeals U.S. District Courts

The Federal Court System

U.S. District Court There are 94 judicial districts At least 1 district court per state District courts in Puerto Rico, the District of Columbia, and other U.S. Territories

U.S. District Court The trial courts of the federal system Original jurisdiction over all cases involving alleged violations of federal statutes

U.S. District Court There are 650 district court judges. Appointed by the President and confirmed by the Senate Serve for life District court judges are assisted by magistrate judges, who: Conduct arraignments Set bail Issue warrants Try minor offenders

U.S. Supreme Court How many justices serve on the U.S. Supreme Court?? How does one become a U.S. Supreme Court Justice?

U.S. Supreme Court The U.S. Supreme Court consists of nine justices: Eight Associate Justices One Chief Justice Justices are nominated by the President, confirmed by the Senate, and serve for life.

U.S. Supreme Court: Appeals Of 5,000 annual requests for review, only about 200 are heard Four justices must vote in favor of a hearing for a case to be heard Usually the Court only reviews cases that involve a substantial federal question The Court issues a writ of certiorari (order by a higher court) to a lower court The Court reviews transcripts and hears brief oral arguments

U.S. Supreme Court: Appeals Opinions of the Court Supreme Court decisions are rarely unanimous Types of opinions: Majority—Justices agree in outcome and reasoning. This is the opinion of the court. Concurring—Agree with outcome, but for different reasons Dissenting—Disagree with outcome

Courtroom Work Group Identify and explain the roles of the professional members of the courtroom work group? Nonprofessional courtroom participants?

Courtroom Work Group Professional Judge Prosecuting attorney Defense attorney Bailiff Court reporter Clerk of the court Expert witnesses Non-Professional Lay witnesses Jurors Defendant Victim Spectators Press

Courtroom Work Group The Judge Primary duty  to ensure justice Responsibilities include: Ruling on most matters of the law Weighing objections Deciding the admissibility of evidence Sentencing offenders Disciplining disorderly courtroom attendees Deciding guilt or innocence (for bench trials)

Courtroom Work Group The Prosecutor Present the state’s case against the defendant State has the burden of proof Supervise staff of assistant district attorneys Serve as quasi-legal advisor to police Files appeals on behalf of the state Makes presentations to parole boards

Courtroom Work Group Explain the roles of expert and lay witnesses in a criminal trial, and describe how their testimony might differ

Courtroom Work Group Expert Witness a person who has special knowledge and skills in an established profession or technical area. This person is usually a paid professional unlike lay witnesses, they may express opinions and draw conclusions in their testimony

Courtroom Work Group Lay Witness May be: Are subpoenaed to appear Non-expert witness May be: Eye witness Character witness Victim Are subpoenaed to appear Testify to that which they have direct knowledge of

Courtroom Work Group How do professional and nonprofessional courtroom participants work together to bring most criminal trials to a successful close?

Unit 6 Requirements Read Chapter 9 Attend the Weekly Seminar Respond to the Discussion Board – 100 word answer and respond to at least one other student Take the Quiz Complete everything by Tuesday at 1159pm EST

Good Night That is all I have for tonight!! Have a great upcoming week!! 