1. Chapter 15 The Courts Part I Instructor: Kevin Sexton Course: U.S. Political Systems Southeast Missouri State University

2. The United States Judiciary The United States Judicial System is made up of 51different court systems: 1 Federal Court System & 50 Individual State Systems

3. The 50 State Court Systems The state court systems are the oldest courts in our country. Under the Articles of Confederation there was no federal judiciary, only a system of state courts. Today, almost 99% of all cases originate in a state court. Each state creates it’s own court structure, but most operate a three tier court structure. The three tiers are: –Trial Courts –Appeals Courts –Courts of Last Resort

4. Primary Goal of The American Judiciary While all criminal and civil courts attempt to determine guilt or innocence, no court can prove with 100% assurance that a person is guilty or innocent, the best we can do is create a system that ensures everyone is treated the same. For this reason, the primary goal of our Judicial System has been to ensure that each person is provided DUE PROCESS of the law.

5. Due Process of the Law This means that each person that is brought before a court (either civil or criminal) should be treated the same, or have the laws and rules applied equally. It is on this basis that people that are convicted of a crime have the right to continue to APPEAL. The appeals of most individuals that are in prison are over PROCEDURAL matters. In other words, they are arguing that their rights of Due Process were not followed, because they were not treated the same as others in similar situations.

6. Criminal and Civil Courts There are two basic types of laws dealt with by the courts in the United States. Criminal: Laws regulating relations between individuals and society. The government acts as the prosecutor, on behalf of society. And Civil: Laws regulating relations among individuals. Each side has a lawyer, and unless the government is a party to the case, they stay out of the process.

7. Standards of Evidence There are different amounts of proof must be established in a Criminal case and a Civil Case. Criminal Case: guilt must be proven BEYOND A RESONABLE DOUBT. Civil Case: guilt or responsibility must be proven BEYOND A PROPONDERANCE OF THE EVIDENCE.

8. Why the Difference? The difference is primarily do to the fact that in a criminal case a person found guilty is facing a prison sentence. On the other hand, a person found guilty or responsible in a civil case is usually only facing the possibility of paying monetary damages.

9. Double Jeopardy The Fifth Amendment to the Constitution Reads: “Nor shall any person be subject for the same offence to be be twice put in jeopardy of life or limb.” What does that mean? It means that a person cannot be prosecuted more that once for violating the same Law, with the same action. It does not mean That a person cannot be tried more than once for the same action, when that action violates more than one law, or type of law.

10. Double Jeopardy (continued) An Example: Timothy McVay was convicted of blowing up the federal court house in Oklahoma City. As a result of that trial he was sentenced to death. He was also tried a second time for the same action. How? Wouldn’t that be a violation of the 5 th Amendment? No. Because the first trial was a federal trial, because it was a federal court house he violated a federal law. Since the bombing killed a number of people in the State of Oklahoma, he violated a state law. He was tried once for violating federal law and once for violating state law.

11. Double Jeopardy (continued) An example: O.J. Simpson was found not guilty of murdering his ex- wife. But he was found negligent in the death of her. How could he be tried twice for the same action? Once he was found not guilty shouldn’t the issue have been over? No. He was found not guilty of murdering his ex-wife, a criminal offense. But he was found negligent in her death, a civil offense.