1. The Judicial Branch

2. The Judicial Branch
The basic function of the courts is to interpret and apply the law to settle conflicts

3. Civil Cases
-The court acts as a kind of referee to set disputes between two or more parties
-A typical case begins when one party sues another.
-The party who bring legal action is called the plaintiff
-Most cases do not result in a trial they are settled “out of court”
-A civil court does not find anyone guilty or not guilty

4. Criminal Cases
-The state prosecutes someone charged with committing a crime
-Generally crimes offend the whole community, not just the individual victim
-The government, not the individual victim, is the prosecution (district attorney)
-It may find the defendant guilty as charged or not guilty

5. Judicial Review Cases
-Reviewing rules or laws to determine if they violate the Constitution
-Only higher-level state courts and federal courts exercise this power

6. Two levels of crimes one can commit
Felony
Misdemeanor
Serious crime
Punishable by a year or more in prison and/or a fine
Examples: arson, burglary, kidnapping, car theft, murder, robbery, and rape
Less serious crime
Punishable by 1-12 months in jail and or a fine of $1,000 or less
Examples: concealed weapon, criminal trespass, cruelty to animals, and shoplifting

7. Compare and Contrast Original jurisdiction Appellate jurisdiction
Has the authority to be the first court to hear the case
Labeled “trial courts”
May use trial by jury or nonjury trials in which the judge alone hears the case
Has the authority to review decisions of lower courts
Do not hold trials
Use several judges who hear cases and make decisions as a body

8. How judges are selected
Magistrate and Municipal court judges: are elected or appointed
State and Probate court judges: elected to four year terms in county wide elections
Superior court judges: elected to four year terms in circuit wide elections
Supreme and Appellate court justices: elected to six year, staggered terms in state wide elections
-Choose one of their number to be chief justice

9. Due Process (a clause of the 5th Amendment)
Rights and procedures guaranteed by several amendments:
-Be notified of charges against you (6th)
-Be provided a speedy and public trial (6th)
-Be able to confront witnesses (6th)
-Be represented by a lawyer (6th)
-Have an impartial judge and jury (7th)
-Remain silent (5th)

10. Pretrial Proceedings

11. Law enforcement authorities take the suspect into custody
Arrest
Law enforcement authorities take the suspect into custody

12. Booking
Authorities make an official record of the arrest and place the suspect in a cell

13. Initial Appearance
The magistrate court judge sees that the suspect is given due process, including the right to an attorney, bail, and explanation of charges

14. Preliminary Hearing
Magistrate determines if there is probable cause to believe that a crime has been committed and that the person should be tried

15. Grand Jury Indictment
Grand jury (16-23 citizens) decide if there is enough evidence to charge the suspect with a crime. If so the grand jury issues an indictment.

16. Arraignment
Superior court judge reads charges and the accused pleads guilty or not guilty. If the plea is guilty skip ahead to sentencing.

17. Plea Bargaining
Accused agrees to plead guilty to a less serious charge. If a plea bargain is made skip ahead to sentencing.

18. Trial

19. Twelve jurors and at least one alternate are selected to hear the case
Jury Selection
Twelve jurors and at least one alternate are selected to hear the case

20. Prosecution and defense state what they expect to prove to the jury
Opening Statements
Prosecution and defense state what they expect to prove to the jury

21. Presentation of the Case
Prosecution presents evidence and witnesses to prove its case. Defense presents evidence and witnesses to discredit the prosecution’s case.

22. Defense and prosecution make final arguments to the jury
Closing Statements
Defense and prosecution make final arguments to the jury

23. Jury Deliberation and Verdict
Jury considers evidence and makes a decision. If the verdict is not guilty, the defendant is freed.

24. Sentencing
If the verdict is guilty, judge determines (within limits set by law) what the sentence will be

25. Appeal
-If a defendant feels that he or she did not receive a fair trial, he can appeal the decision to a higher court.
-The appellate court examines the trial record for errors.
-If overturned, the case goes back to the supreme court.
-If upheld, the sentence is carried out.