1. The Judicial Branch & Criminal Justice
US Supreme Court, Washington, DC

2. Jurisdiction
Original jurisdiction: where case is originally tried (trial court)
Concurrent jurisdiction: both federal & state courts have jurisdiction (people from different states)
Appellate jurisdiction: courts of appeals only
State courts: vary in structure: trial courts (civil & criminal cases), appeal courts, minor courts (justice of the peace, traffic court, small claims, juvenile, domestic, probate, etc.)

4. Marbury vs. Madison (1803) Chief Justice John Marshall
Established judicial review: the power to review acts of Congress
Case was about justices of the peace in DC
VERY important case! Set a precedent (model on which to base later decisions/actions) & since SC is “court of last resort” no law can violate the precedent (“supremacy clause”)

5. Supreme Court Sits two weeks of the month Hears oral arguments
Meets in secret conference
Writes opinion on case (majority, minority, concurring, dissenting)
Cases get there by writ of certiorari (order by court to lower court to send records for viewing) or on appeal

6. Current Supreme Court

7. Supreme Court procedures
Lawyers must submit briefs (written statements about the case)
Others can submit amicus curiae (friend of the court) briefs
Chief Justice assigns the writing of the opinion
Judicial activism: belief that the SC should play a role in shaping national policy
Judicial restraint: belief that the SC should avoid taking the initiative on social questions such as civil rights, prayer in school, etc.

8. Criminal Activity
Causes: theories vary. Sociologists believe access to legal activity, association with illegal activity, class, & race play the largest roles in whether someone will commit crimes.
Types of crimes: traffic, misdemeanor, felony
Crimes against persons, property, victimless
Types of defenses: self-defense, insanity, entrapment, under the influence, alibi, statute of limitations, nolo contendre (“no contest”)

10. Criminal Justice process
Arrest, booking, preliminary arraignment (bail/bond), preliminary hearing (possible grand jury indictment), formal arraignment (plea entry), trial, sentencing, appeal
Due process of law: 4th, 5th, 6th, 7th, 8th & 14th amendments specifically address rights of the accused
Civil suits (lawsuit for damages) vs criminal trial (commission of a crime: misdemeanor, felony, traffic)
Sentencing: probation, prison time, fines, counseling/psychiatric treatment, house arrest, halfway house/group home, etc.