Bell Ringer

1. Bell Ringer • Why are witnesses unreliable? • Why is the Supreme Court so important? • Name the 9 Reindeer • Name the 9 Supreme Court Justices • Scalia, Kennedy, Thomas, Ginsburg, Roberts, Alito, Sotomayor, Kagan

2. Bell Ringer • What two courts does the duel court system entail? • What is an unruly child? • What is an appellate court?

3. Bell Ringer • What are two proactive ADRs? • What are two reactive ADRs? • What is a jury?

4. Bell Ringer • Define arrest. • What rights do an arrested individual have? • What is a warrant?

5. Ch2: The Court System

6. Dual Court System • The Untied States has a dual court system, meaning that it has 2 different sets of courts. • State Court: will vary by state, but all have the same general framework and deal with state matters. • Federal Court: deal with cases involving federal matters and diversity of citizenship. • Determining if something is State or Federal depends on jurisdiction.

8. State Courts • The lowest level of a state court is a Local Trial Court. • These courts only have a limited jurisdiction • Only deal with misdemeanors • Cases involving small amounts of money • Petty crimes • Each county (in most cases) will have a general trial court. (Jury & Judge)

10. Special Courts • Many local courts will have special courts set up for juveniles, domestic courts, family disputes, and small claims • Domestic Courts deal with divorce, annulment, and dissolution proceedings. They can also help determine property ownership and child support payments.

11. Special Courts • Juvenile Court have special jurisdiction over delinquent, unruly, abused, or neglected children up to a certain age. • A delinquent child is a minor under a certain age (16-18) that has committed an adult crime • Unruly child is a minor who has done something illegal, but isn’t an adult crime (drive past curfew, smoking) • A neglected or abused child is considered one who is homeless, destitute, or without adequate parental care

12. State Courts • Intermediate Appellate Court: a court in which an appeal is made to on grounds of law, not questioning of fact • There are no witnesses, but appellate courts review evidence and talk to attorneys for both sides. • Supreme Court: highest court in most states. • They do not retry a case, but determine if the ruling from a lower court is valid

13. Federal Courts • District courts are the lowest level of court in the federal system. • District court deal with civil and criminal cases • Court of Appeals • Also an appellate court which is used as a step between lower courts and the supreme court. • These courts are only hear cases based on the jurisdiction they cover • 3 judges make the decisions on cases: no witnesses, no evidence, no jury. Only legal questions can be raised.

14. Supreme Court • Highest court in the United States • The court covers cases dealing with ambassadors, consuls, other foreign public officials, and cases in which a State is a party • The Court must also hear all cases that involve the constitutionality of a federal law • The Court will also vote on which additional cases to hear by a vote of sitting Justices.

15. Supreme Court • The Supreme Court has 9 sitting Justices • It is a life long appointment

16. Trial Procedures • Criminal Court v Civil Court • Criminal Court • Offenses committed against the public at large (dumping toxic waste into the drinking water) • Civil Court • Individuals who believe they have been injured by another entity • Civil Court is more what you think of when you think of court cases. These can be expensive

17. Alternative Dispute Resolution (ADR) • Since court & lawyers can be expensive, people try alternative dispute resolution (ADR) • Within ADR there are two different methods: Reactive and Proactive • Reactive methods are used after a dispute has previously occurred • Proactive methods are used in an effort to prevent disputes from occurring

18. Reactive Methods (ADR) • Mediation: 3rd party helps in the decision making process to find a solution (Negotiation) • Arbitration: Parties transfer the power to settle a dispute to a 3rd party (Sports) • Med-arb: Combination of Mediation & Arbitration • Summary Jury Trial: A one day trial to reach a verdict • Private Civil Trial: A private trial held at the time and place of the parties choosing

19. Proactive Methods (ADR) • Partnering: Two parties enter into a long contract to get to know one another in advance • Settlement Week: Court spends one week on settlement hearings • Negotiated Rule Making: Before rules are created or modified the parties affected by the rule are brought in, and the rule is written together. • Science Court: A court specifically set aside as a forum for discussing scientific or technological controversies

20. Steps in a Case • If ADRs don’t work, then a case can go to trial • First, the claim or accusation must be filed in form of a complaint (He stole my car) • Evidence is gathered and evaluated • Pretrial Hearings: an informal meeting with a judge intended to simplify the issues involved • A Jury is selected (Florida Juries [in some cases] only have 6 jurors instead of 12- Ruled Constitutional in Williams v. Florida, 399 U.S. 78 (1970))

21. Opening Statements: lawyers explain what they intend to prove (Did/Did not steal car) • Introduction of Evidence: Lawyers present collected evidence (Alibi of where “thief” was/ video footage where person “might” be the thief) • Closing Arguments: Lawyers summarize evidence and give suggestions why the ruling should be in their favor (Plaintiff closes then defense closes)

22. Instruction to the Jury: Judge explains the law in question • Verdict/Judgment: Jury comes up with verdict • Apparently, under Florida law a unanimous vote (12) is needed to convict someone of a capital crime, EXCEPT in death penalty cases where a 7-5 vote can result in death (only state in the US)

23. Remedies: payment of damages or equitable remedy (ask the court to do what is fair) • Execution of Judgment: The Judgment is carried out by the appropriate authorities

24. Steps in a Criminal Prosecution

25. How a Defendant is arrested • An arrest is when an individual is deprived of his or her freedom • A police officer may arrest a person at any time if they have a warrant, believes has committed or is committing a felony, or if the suspect has committed a misdemeanor involving a breach of the peace in the officers presence.

26. Rights of the Arrested • All arrested individuals must be informed of their constitutional rights (Miranda Rights) (But not always….) • In addition to the rights issued under Miranda arrested individuals have the right to • What they are being arrested for • The names of the arresting police officers • Make a phone call • Arrested individuals have the chance of making bail (money or property put up to assure an individual will return for trial if released)

27. Miranda Rights

28. Search & Seizure • When arrested a police officer may search a person, car, house, or building only if they have permission or if they have a warrant • Police may conduct a limited search of an individual to check them for weapons • When a search is over an officer must charge an individual with a crime or release them • Warrants are needed for extended searches

29. Search of Cars • Police have always had the “Plain-View” exception to a search warrant

30. Search Example In 1976, police impounded a car in South Dakota for a number of parking violations. While making a list of the car’s contents, police found a bag of marijuana and charged the owner with possession. The Supreme Court of the United States held that the search without a warrant was constitutional because standard procedure called for police to list the contents of every car they impounded.

31. The Supreme Court has changed its ruling on the search of cars multiple time • 1981: Police Officers can search a whole vehicle once passengers have been arrested • 1982: Police Officers can search inside a vehicle (including compartments & containers) if it has been stopped for legitimate reasons and there is probable cause

32. 1991: Once there is probable cause to believe a crime has been committed the Police do not need a warrant to seize your vehicle • 1992: If a motorist gives an officer “permission” to search their vehicle they can open bags or containers inside the car • More has actually changed on auto rights. Officer Lush may be in Thursday to talk about them

33. Search & Seizure in School • The Supreme Court has also ruled that school officials may search students without a warrant. (New Jersey v T.L.O.-1985) • However, school officials must have reasonable grounds to believe the search will turn up evidence that the student has violated school rules.

34. The Arraignment Process • After someone is arrested the are brought before a judge to see if the charges will be dismissed or are probable • In some states the information goes to a grand jury. The grand jury decides if there is probable cause to belief that and individual could have possibly committed a crime.

35. You be the Grand Jury • Suspect: John Johnson • Victim: John Scott • Charges for consideration: Breaking and Entering, Grand Larceny, Burglary, Obstruction of Justice

36. Testimony of Victim (John Johnson) • Mr. Johnson returns home at about 8AM from working the night shift, locks his front door, then goes up stairs to take a shower. • When he is in the shower he hears noise from downstairs, and thinks that his fiancée must be home for some reason. He finds this odd but thinks nothing of it. After a few more minutes he gets out of the shower and goes downstairs • He sees an individual wearing a baseball hat and red sweatshirt run out his front door • He calls the police, and determines that his wallet, iPod, Laptop, and some jewelry is missing

37. Actions of the Police • Police respond to the 911 call. • Mr. Johnson tells them what happened, and head out to look for the suspect. • They speak to a retired gentleman in the neighborhood who saw someone wearing a hat & red sweater run into the house down the block. (Man swears to this in front of the Grand Jury) • On this information they proceed to the house, and meet Mr. Scott. • He appears to be winded, is wearing a red sweater, and seems to keep looking at the bushes in the front yard. • The police check the bushes and find a back pack with the stolen merchandise

38. Testimony of Accused (John Scott) • Mr Scott says that he was home while the crime occurred. • He contests that he normally works out in the morning before he goes to his job at 12. • He was unaware of what could be wrong when the police showed up at his house. • His explanation for why he kept looking at the bushes in his yard was that he realize that his yard really needed some work, and he felt embarrassed that the cops were there when his house looked such a mess. • He insists he does not know how the bag got there, and that he has never met Mr. Johnson before.

39. You decide • The charges will be read to you. • Then decide if you believe that it is PROBABLE that Mr. Scott committed the crime • REMEMBER: The grand jury decides if there is probable cause to belief that and individual could have possibly committed a crime. • You are NOT looking for “Beyond a reasonable doubt.”

40. Charge for Consideration • breaking and entering: entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime.

41. Charge for Consideration • A category of larceny: the offense of illegally taking the property of another—in which the value of the property taken is greater than that set for petit larceny ($500).

42. Charge for Consideration • Burglary: The criminal offense of breaking and entering a building illegally for the purpose of committing a crime.

43. Charge for Consideration • Obstruction of Justice: A criminal offense that involves interference, through words or actions, with the proper operations of a court or officers of the court.

44. After a Grand Jury decides if it is probable if someone is guilt of a crime, the arrested individual is brought to court, read the charges, and asked to plead guilty or not guilty • What happens depending on how a person pleads • Guilty: judge could issue a ruling right there • Not Guilty: Case proceeds to trial

45. Remainder of the Process • An individual goes to Trial where the case is argued before a jury • If found guilty a person is sentences • The Appropriate fines and/or imprisonment is applied

46. Juveniles • If you are below the age of 17 (FL) you are generally considered a juvenile • Juvenile cases are dealt with in juvenile court • If a juvenile case goes to trial, and the individual is found guilty the judge can rule • The defendant returns home on probation under the supervision of an officer • The defendant be placed in a foster home, and the parents will be required to pay towards the offenders support • The defendant is sent to a training/reform school, or juvenile jail