The Judicial Branch American Government Notes

Dual Court System The U.S. has a dual court system, which means that we have federal and state courts that work side-by-side The U.S. has a dual court system, which means that we have federal and state courts that work side-by-side

Federal Courts State Courts

What is jurisdiction? Which courts can hear what Which courts can hear what FederalState Supreme Court Cases involving federal law Cases involving state law All cases

Marbury v. Madison Establishes judicial review Establishes judicial review The Supreme Court can declare acts of Congress unconstitutional The Supreme Court can declare acts of Congress unconstitutional Makes Supreme Court an independent and equal branch of government Makes Supreme Court an independent and equal branch of government

How does the Supreme Court decide cases? The Supreme Court has both original and appellate jurisdiction BUT most cases are appeals from lower courts The Supreme Court has both original and appellate jurisdiction BUT most cases are appeals from lower courts

Writ of certiorari The party that lost an appeal in a lower court explains why the Supreme Court should hear the case The party that lost an appeal in a lower court explains why the Supreme Court should hear the case 4 out of the 9 justices must agree to hear the case. If not, the decision of the lower court stands. 4 out of the 9 justices must agree to hear the case. If not, the decision of the lower court stands.

Decisions of the Supreme Court Majority opinion – Chief justice (or senior justice in the majority) explains ruling Majority opinion – Chief justice (or senior justice in the majority) explains ruling Dissenting opinion – explains the argument of the minority Dissenting opinion – explains the argument of the minority Concurring opinion – explains any differing arguments for the majority opinion Concurring opinion – explains any differing arguments for the majority opinion

Judicial Activism vs. Judicial Restraint Judicial Activism (Liberal) Judicial Restraint (Conservative) Supreme Court has the right and duty to use judicial review to overturn bad precedents and promote socially desirable goals Judicial Review should be used sparingly, especially when dealing with controversial issues

Types of Crimes MisdemeanorFelony Minor crime, typically punished by fine or less than one year in prison (petty theft, disturbing the peace, traffic violations) Serious crime punished by more than 1 year in prison (Grand theft, armed assault, murder)

Grand Jury A group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted A group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted

Indictment Formal accusation of criminal behavior handed down by a grand jury; means the accused will be brought to trial Formal accusation of criminal behavior handed down by a grand jury; means the accused will be brought to trial

Arraignment Where person accused of crime is informed of charges and makes a plea of guilty or not guilty Where person accused of crime is informed of charges and makes a plea of guilty or not guilty

Plea Bargain Agreement in which the defendant (accused) pleas guilty for a lesser charge or sentence Agreement in which the defendant (accused) pleas guilty for a lesser charge or sentence

Restitution Offender pays victim for loses, damages or injuries resulting from a crime Offender pays victim for loses, damages or injuries resulting from a crime

Incarceration Imprisonment for punishement for a crime Imprisonment for punishement for a crime

Due Process The government cannot treat criminal suspects unfairly (you must be told about your charges and have right to a trial) The government cannot treat criminal suspects unfairly (you must be told about your charges and have right to a trial)

Miranda Rights Miranda v. Arizona in 1966 upholds due process and protects your rights during an arrest and interrogation Miranda v. Arizona in 1966 upholds due process and protects your rights during an arrest and interrogation

Process in Criminal Justice ArrestPre-TrialGrand Jury (if a major crime) Indictment Crime is committed ArraignmentPossible Plea Bargain Jury Selection Trial Jury deliberation SentencingAppealsIncarceration (Release after sentence is served or parole)