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Goal 5 ppt

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Judicial System …

Judicial System

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  • 1. Goal 5<br />NC Competency Goal 5<br />The learner will explain how the political and legal systems provide a means to balance competing interests and resolve conflicts.<br /> <br />Objectives<br />5.01 Evaluate the role of debate, consensus, compromise, and negotiation in resolving conflicts.<br />5.02 Identify the jurisdiction of state and federal courts.<br />5.03 Describe the adversarial nature of the judicial process.<br />5.04 Evaluate the role of debate and compromise in the legislative process.<br />5.05 Explain how local government agencies balance interest and resolve conflicts.<br />5.06 Analyze roles of individual citizens, political parties, the media, and other interest groups in public policy decisions, dispute resolution, and government action.<br />
  • 2. Section 1<br />
  • 3. Methods of Resolving Conflict<br /> Debate—a form of conflict resolution in which two parties take sides of an issue and argue using evidence in order to persuade their opponent(s).<br /> Consensus—this is when a general agreement is made by all parties after careful consideration of the opinions of all members of the group. <br /> Negotiation—form of conflict resolution in which one party may or may not use a third party to bargain for terms that benefit one or both parties.<br /> Compromise—form of conflict resolution where the two parties give up certain demands in order to accomplish a mutual goal.<br />
  • 4. What is the difference?<br />Mediation—conflict resolution in which a third party (person) guides the arguing parties to a solution.<br />Arbitration—conflict resolution in which a third party makes the decision for the arguing parties based on evidence given in a formal setting.<br />
  • 5. Conflict Resolution in Congress<br />Debate:<br />Members of the houses discuss and decide if a bill should be a law<br />Compromise:<br />Conference Committee:<br />HoR and Senate meet to make the two versions of the bill into one version.<br />
  • 6. Local government and Zoning<br />The purpose of a zoning code is to resolve conflicts between land uses by separating them…<br />When might this be used?<br />
  • 7. Section 2<br />
  • 8. Court Cases &amp; Jurisdictions<br />
  • 9. Jurisdiction<br />The authority to act, hear a case, investigate, or make an arrest<br />DISCUSS:<br />Where does Governor Easley have jurisdiction? <br />Where does he NOT have jurisdiction?<br />
  • 10. Due Process<br />Requires that both the ways in which government acts and the laws under which it acts must be fair.<br />5th Amendment – Federal Government can’t deprive any person of life liberty or property without due process<br />14th Amendment – the states cannot deprive any person of life, liberty, or property without due process<br />
  • 11. Original Jurisdiction<br />The authority to be the first court to hear a case<br />Courts with Jurisdiction<br />Supreme Court- ex: cases between states<br />District Courts- ex: state crimes<br />
  • 12. Appellate Jurisdiction<br />The authority to hear a case on appeals<br />Courts with Jurisdiction<br />Appellate courts- hear cases from district level<br />Supreme Court- hears cases from Appellate level<br />
  • 13. Exclusive Jurisdiction<br />The authority of only federal courts to hear the case<br />Courts with Jurisdiction<br />Federal Courts -all levels<br />
  • 14. Concurrent Jurisdiction<br />The authority of state and federal courts to hear the case<br />Courts with Jurisdiction<br />District, Appellate, &amp; Supreme- all levels<br />
  • 15. Court Hierarchy<br />Supreme- hears cases with Constitutional questions. Guilt is not decided and decision is final!<br />Appellate- hears cases where legal errors were made in the original trial.<br />District- usually first court to hear a case and decides guilt.<br />
  • 16. Miranda v. Arizona (1966)<br />Amendment at Question<br />5th(self-incrimination), 6th (attorney) &amp; 14th (equal protection)<br />Story<br />Arrested but never informed of his 5th and 6th Amend. Rights<br />Impact<br />All charged suspects must be informed of their rights<br />
  • 17. Mapp v. Ohio (1962)<br />Amendment at Question<br />4th(illegal searches/seizures) &amp; 14th (equal protection)<br />Story<br />Mapp is arrested for obscene materials while police searched for a fugitive<br />Impact<br />Warrants must be specific or evidence is not allowed in court<br />
  • 18. In Re Gault (1966)<br />Amendment at Question<br />14th (equal protection)<br />Story<br />Gault, a minor, was arrested but not given a lawyer or allowed to question witnesses<br />Impact<br />Minors are guaranteed some the same “due process” rights as adults<br />
  • 19. Gregg v. Georgia (1976)<br />Amendment at Question<br />8th(cruel &amp; unusual punishment)<br />Story<br />Gregg sentenced to death but appealed on basis of 8th Amendment<br />Impact<br />Capital Punishment (Death Penalty) does not violate 8th Amendment, depending on case<br />
  • 20. Gideon v. Wainwright (1963)<br />Amendment at Question<br />6th(right to attorney) &amp; 14th (equal protection)<br />Story<br />Gideon arrested, but denied an attorney even though he could not afford one<br />Impact<br />Attorney must be provided for all defendants in a felony trial<br />
  • 21. Section 3<br />
  • 22. The Criminal Trial<br />
  • 23. Felony vs. Misdemeanor <br />Felony- committing a major crime resulting in a harsh punishment (jail time)<br />Misdemeanor- committing a minor crime resulting in a weaker punishment (fine or community service)<br />
  • 24. What is a Docket?<br />A docket is the schedule of court cases. <br />It is currently full and backed up.<br />
  • 25. Plea Bargain<br />When the prosecution offers to reduce the sentence if the suspect pleads guilty and/or testifies against others.<br />Plea bargains result in a smaller docket and help to reduce prison overcrowding.<br />
  • 26. DISCUSS:<br />What do you think the term “adversarial” means?<br />HINT: Who is your adversary?<br />
  • 27. Adversarial trial system<br />opposing or attacks an opponent<br />The truth is discovered by two sides competing against each other to prove their case to the jury (direct and cross examination)<br />
  • 28. Criminal Trial<br />Description:<br />When the prosecution attempts to prove the defendant guilty of breaking a law<br />Opposing sides:<br />Prosecution vs. Defense <br />
  • 29. The steps of a Criminal Trial<br />Arrest<br />Arraignment<br />Preliminary hearing<br />Indictment<br />Trial<br />Sentencing<br />
  • 30. Arrest<br />Miranda Rights are read to suspect<br />Booking (fingerprints &amp; mug shot)<br />DISCUSS: Which Court case gave us the line “you have the right to an attorney…”<br />
  • 31. Preliminary Hearing<br />Check to make sure “due process” has been carried out. Make sure nothing unfair has happened so far.<br />
  • 32. Indictment(pronounced: in-dite-ment)<br />Suspect brought before a grand jury<br />Grand Jury decides if enough evidence exists for a trial to take place<br />
  • 33. Arraignment<br />Judge informs suspect of the crime<br />Suspect pleads guilty or not guilty<br />Bail is set to ensure suspect returns to court<br />DISCUSS: Which amendment protects us from excessive bails?<br />
  • 34. Trial<br />Opening statements<br />Direct &amp; cross examination for Prosecution<br />Direct &amp; cross examination for Defense<br />Petit jury (12 people) comes to a verdict (guilty or not guilty)<br />
  • 35. Sentencing(if guilty)<br />Petit Jury decides punishment that matches the crime<br />Judge can reduce the sentence if necessary<br />
  • 36. Civil Law<br />Civil Law addresses conflicts between individuals that cannot be settled without legal assistance.<br />
  • 37. Methods of conflict resolution that have failed :<br />Compromise: each side gives up something they want to reach an agreement.<br />Negotiation: the act of reaching a compromise <br />Mediation: a third party intervenes to help reach an agreement.<br />Arbitration: a third party intervenes to issue a legally binding agreement.<br />
  • 38. In Civil Cases:<br />There is NO CRIME involved!<br />NO POLICE!<br />NO JAIL!<br />
  • 39. Examples of Civil Cases<br />Property disputes: Who does it belong to?<br />Breach of contract: Did you do what you said you would do?<br />Personal Injury: Did you hurt someone?<br />Negligence: Were you careless and something bad happened to someone else?<br />Family issues<br />Divorce: Legally ending a marriage (Who gets what?).<br />Adoption: Legally obtaining a child (Are you fit to be a parent?)<br />
  • 40. People Involved In Civil Cases<br />Plaintiff: The person filing the lawsuit.<br />Defendant: The person the plaintiff is in conflict with.<br />Attorney: Each side may or may not hire one to help (6th amendment does NOT apply).<br />Judge: Single person who rules on a case (bench trial)<br />Jury: usually 12 people who must unanimously agree on a decision and decide the remedy.<br />
  • 41. Civil Trials<br />1st: a plaintiff brings a complaint (law suit) against the defendant <br />Plaintiff vs. Defendant<br />Tort: Civil wrong<br />2nd Defendant receives a summons of the complaint.<br />3rd: Plaintiff and Defendant try to settle the matter (most law suits end here!)<br />4th: Last Resort: Trial<br />
  • 42. Steps to a Civil Trial<br />Trial &amp; Decision:<br />Each side presents an argument to the Judge/Jury<br />May include witness statements, expert testimony, evidence.<br />Decision is based on a “preponderance of evidence” (have you proven responsibility)<br />Settlement: amount of money based by the defendant to the plaintiff to make the situation “right” <br />Most civil cases are about $$$<br />Custody: ownership<br />
  • 43. In Review:<br />Criminal Process<br />
  • 44. Criminal Law<br />Involves the violation of statutes (laws passed by legislatures).<br />Dual (TWO) Court System:<br />Federal: addresses federal crimes<br />EXAMPLES: Terrorism, Cyber crimes, Crimes against children, Hate crimes, Immigration, Organized crime, gun crimes, tax crimes, serial killers, or if it occurs in more than 1 state<br />State: addresses state crimes<br />EXAMPLES: murder, rape, robbery, vandalism, burglary, shoplifting <br />
  • 45. Types of Crimes<br />Felonies: serious offenses<br />Usually punished by lengthy incarceration.<br />Ex. murder, kidnapping, arson, rape, robbery<br />Misdemeanors: less serious offenses<br />Usually punished by fines, community service, less than a year in jail.<br />Ex. littering, shoplifting, jaywalking, vandalism<br />
  • 46. Steps in a Criminal Trial<br />APIATS<br />Arrest, Preliminary Hearing, Indictment, Arraignment, Trial, Sentencing<br />
  • 47. A: Arrest <br />Step One: The Miranda rights are read to the suspect. <br />Miranda v. Arizona<br />Step Two: The suspect has their mug shot taken and they are fingerprinted.<br />
  • 48. P: Preliminary Hearing<br />1st The suspect appears before a judge to hear the official charges brought against them. (Writ of Habeas Corpus)<br />2ndBail (money to get out of jail) is set to ensure that the accused shows up to trial (8th amendment)<br />
  • 49. I: Indictment<br />The suspect appears before a grand jury to hear evidence of the charges.<br />They do not decide guilt or innocence!!<br />The purpose of the grand jury is to determine whether or not there is enough evidence issue an indictment (formal charges). <br />
  • 50. A: Arraignment<br />The accused appears before a judge and enters a plea (guilty or not guilty).<br />If the accused enters a plea of guilty, it usually means that the accused has made a plea bargain(plead guilty to a lesser crime) with the prosecution.<br />If the suspect pleads not guilty, a trial date is set. <br />
  • 51. T: Trial<br />The adversaries (two sides)<br />Prosecution: the states side, has “burden of proof”<br />Defense: the accused<br />A petit jury is selected (jury duty).<br />Each side presents their arguments &amp; evidence.<br />
  • 52. The jury then deliberates and returns a verdict (decision)<br />If the jury agrees unanimously (all) that the accused is not guilty, the suspect is acquited.<br />If the jury agrees unanimously that the suspect is guilty, the accused is convicted. A date is set for sentencing.<br />If the jury cannot reach a unanimous decision, a hung jury is declared.<br />The case may be tried again or dismissed<br />
  • 53. S: Sentencing <br />The jury renders their punishment for the crime that was committed according to the state’s penal code (consequences)<br />Must adhere to the 8th amendmentwhen issuing their sentence.<br />
  • 54. Other important vocabulary<br />Subpoena– an order requiring you to appear in court (MUST)<br />Summons – a request for you to appear in court<br />Extradition – When a law enforcement agency from one area works closely with another law enforcement agency to return a suspect to the place of a crime<br />
  • 55. The Jury<br />
  • 56. To Be Eligible (able) to Serve on a Jury in NC:<br />Must be 18 years old<br />Must be a US Citizen<br />Must be able to understand English<br />Cannot have served on a jury in the last 2 years<br />Must not have been convicted of a felony (unless your rights were restored)<br />Must be physically and mentally competent<br />
  • 57. Jury Selection Process<br />Group of between 30-50 people receive a summons in the mail (tells them when to show up for court)<br />Called to the jury box 12 at a time<br />Judge gives a brief intro to the case and asks whether there is any reason why a juror can’t serve (like you knew the victim or the defendant, etc…)<br />
  • 58. <ul><li>Each side (the Prosecution and the Defense) asks jurors questions
  • 59. Dismissing a Juror
  • 60. For cause – a lawyer can request a juror be dismissed if there is evidence that they are prejudice about a case.
  • 61. Preemptory challenges – dismissing a juror without stating a reason. The lawyer can dismiss a juror if they think the juror will not help them win.
  • 62. Small number of alternate juror selected in case a juror becomes ill. </li></li></ul><li>A foreperson is usually selected to run the deliberations or the voting.<br />In most states, the decision must be unanimous (all jurors agree on innocence or guilt)<br />Jurors can be Sequestered, or housed in a hotel secluded from other people and reporters. <br />
  • 63. Juveniles &amp; the Law<br />
  • 64. Who is a “juvenile”?<br />By federal standards all persons 17 and under are considered juveniles. <br />Each state has the authority to decide who, by age, may be tried in juvenile courts. <br />North Carolina juvenile courts only have jurisdiction over persons 15 and younger. <br />
  • 65. Juvenile’s rights<br />due-process rights<br />right to trial<br />right against self-incrimination<br />right to call witnesses<br />right to have their parents and legal advisor present<br /> In most states, juveniles being tried in juvenile court are not entitled to a jury. <br />Most juvenile court proceedings are closed to the public and records are highly confidential. <br />The privacy of juvenile offenders is strictly guarded.<br /> Under certain circumstances, juvenile records may even be cleared. <br />
  • 66. Types of Juvenile Cases<br />Delinquents: juveniles who break the law<br />Neglected: juveniles who are abused or abandoned by their caregivers <br />
  • 67. Punishment<br />Wide range- community service, boot camp, detention centers, treatment programs.<br />Emphasis is on REHABILITATION<br />Correcting the juvenile before they become adults.<br />
  • 68. Supreme Court Cases<br />The &quot;In re Gault&quot; decision <br />youth would be entitled to certain due process rights (similar to adults)<br />Ropper v. Simmons<br />No death penalty if the offender was under the age of 18 at the time of the crime.<br />

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