Standard 9 – The Courts and Justice

1. Standard 9 –The Courts and Justice Students can describe the purpose and structure of the court system.

2. Learning Target 9.1 I can make inferences about he purpose of the court system and how cases are brought to trial.

3. Notebook Item 15 – Ohio Rape Case • In your opinion, what is primary purpose of the court system? (Providing due process to the innocent and guilty, protecting people from dangerous criminals, rehabilitating dangerous criminals, representing the morals of society?) • In a “he said, she said” case such as rape or assault, what type of evidence is most important; witnesses that can provide context or objective physical evidence?

4. Four Purposes of the Court System • Due Process Function • Crime Control Function • Rehabilitation Function • Bureaucratic Function

5. Four Purposes of the Court System • Due Process Function: protect the rights of the individual against the power of the state. • Crime Control Function: protect the public and deter criminal behavior by punishing criminals for harm done to society. • Rehabilitation Function: dispense treatment to criminals by teaching them to be more productive members of society. • Bureaucratic Function: processing the day-to-day cases that are brought before the court.

6. Learning Target 9.2 I can infer how the dual court system in the U.S. hears different types of cases.

7. Structure – Dual Court System

8. Dual Court System Federal State Crimes under state law Private disputes/law suits Family law Local traffic violations • Crimes under federal law • Interstate cases • Foreign nationals

9. LT 9.3 - Jurisdiction I can differentiate between various types of jurisdiction by identifying why concurrent jurisdiction takes place in a specific scenario. I can explain how jurisdiction is one part of due process.

10. Definition • The authority of a court to hear and decide cases within an area of the law or a geography territory.

11. Geographic Jurisdiction • Courts have jurisdiction over specific areas • Concurrent Jurisdiction: two or more courts have the authority to preside over the same criminal case. • State vs Federal • State vs State • Often determined by which government will give harsher punishment

12. Trial vs. Appellate Courts • Original Jurisdiction: authority of the court in which the trial originally takes place • Hear all evidence • Verdict and sentence • Appellate Jurisdiction: authority of the court that hears appeals • Overturns or retries cases based on due process • Establishes precedents

13. Other Jurisdiction • Subject Matter Jurisdiction: occurs in state courts • General Jurisdiction: courts that oversee felonies and major civil cases • Limited Jurisdiction: courts that oversee misdemeanors and civil matters under a specified amount • Ex: traffic court, prostitution • International Jurisdiction: • Extradition Treaties: countries agree to extradite fugitives

14. D.C. Sniper Shootings • D.C. Sniper Video • Shootings in: • Alabama • Georgia • Louisiana • Washington • Washington D.C. • Maryland • Virginia

15. Notebook Item 16- DC Sniper Case • Why would Federal courts have jurisdiction in this case? • Why would State courts have jurisdiction in this case? • Predict whether you think this case was tried in state or federal courts? Why? • How does jurisdiction ensure that the right of due process is fulfilled?

16. LT 9.4 - Judges I can determine the important characteristics of a judge based on the roles and responsibilities of a judge.

17. Types of Judges State Federal Appellate Judges General (trial) Judges Supreme Court Justices • Appellate Judges (appeals) • Trial Judges (criminal cases) • Civil Judges (property and law suits) • Family Judges (divorce and custody, juvenile) • Other specialty judges

18. How are Judges Chosen? • States vary • Election • Appointment by politician • Terms may be limited or life • Federal Judges • Appointed by President • Confirmed by Senate • Term is for life Elena Kagan

19. Trial Judges - Before the Trial • Issue warrants – probable cause • Search • Surveillance • Arrest • Review charges and evidence • Determine bail (if applicable) • Pretrial motions • Rule on plea bargains

20. Trial Judges - During the Trial • Referee the defense and prosecution presentations • Explain law to jury • Sentencing based on jury’s verdict

21. Cases with no Jury • Hear both cases with evidence • Verdict • Sentencing • Write court findings

22. Supreme Court Act it Out Questions to Ask Current Hot Topics Gun Control Gay Marriage Marijuana Abortion Death Penalty • Background/Qualifications • Political Views • Religious Belief

23. Reflection • What do you think are the most important characteristics of a good judge?

24. LT 9.5 - Prosecutors What are the roles and responsibilities of Prosecution Attorneys?

25. Types of Prosecutors • Federal: U.S. Attorneys • State: District Attorney or Prosecutor • Attorney General: chief prosecutor of a state of the nation • Special Prosecutors: focus on one type of crime Eric Holder

26. Role of Prosecutor • May be Electedor Appointed • Law enforcement officer • 2nd half of the L.E. system • Work with police • Represents the state or nation • Example: People of the State of California v. Orenthal James Simpson

27. Prosecutor Responsibilities • Whether or not suspect will be charged • Level of charges • Review and presentation of case (including evidence and witnesses) • When to drop a case or accept plea bargain

28. Defenders What are the roles and responsibilities of Defense Attorneys?

29. Types of Defenders • Public • Appointed when suspect can not afford lawyer • Private • Hired by suspects • AKA: Lawyers or Defense Attorneys

30. Public Defender • Fulfills 6th Amendment right to attorney (Miranda Rights) • Eligibility determined by Judge (based on financial need) • May be employed by jurisdiction or contracted out to private attorneys • Generally less effective than private attorney • More cases, less pay

31. Role of Defense Attorneys • Defend innocent AND guilty • Attorney-Client Privilege • Confidential even if incriminating • Exception: crimes that are in progress or in future

32. Responsibilities of Defenders • Investigate the crime • Negotiate plea bargain • Prepare defense case • Pretrial motions • Negotiate sentence • Appeal guilty verdict

33. Case Attrition How does prosecutorial discretion affect the criminal justice system?

34. What is case attrition? • Definition: the failure of arrests to come to trial • Less than half of felony arrest result in conviction • Discretion of prosecutors leads to case attrition

35. Why do Prosecutors dismiss cases? • Insufficient evidence (physical and witnesses) • Case Prioritization • Uncooperative victims (ex: domestic violence) • Unreliable victims (known criminal) • Suspect agrees to testifies against other criminals • Exclusionary rule

36. Reflection • How do prosecutors exercise discretion? Give at least 2 examples. • Based on what we have learned in class and Hart Megibben’s presentation, what do you think is the most important part of a prosecutor’s job? Explain why. • Would you rather be prosecutor or a defense attorney, why?