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Judicial System …

Judicial System

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