The Judicial Branch

1. The Judicial Branch Law and Order: Government Interpreting the laws

2. Journal #29 Inscribed at the top of the Supreme Court building are the words, “Equal justice under law.” These words epitomize the role of the judicial branch. What do they mean to you? What ideal should the courts strive for?

3. Article III of the Constitution • Establishes the Supreme Court and lower courts • Types of law: • Criminal vs. civil cases: • Civil law: Deals with the rights of private citizens • Criminal law: Deals with crimes and their punishments • Constitutional law (Supreme Court): Meaning of the Constitution

4. The court system • Dual court system:Both state and federal courts • State: State crime, family, wills, traffic • Federal: Multiple states, ambassadors, federal crimes, interstate commerce, patents • Supreme Court: the highest court in the land—decisions apply to lower courts • Most important Supreme Court duty: Judicial review! • Decide if a law is constitutional or not • “Interpret the laws”

5. Meet the Supreme Court • 9 judges total, appointed by president for life (with good behavior) • 8 plus one Chief Justice • Must be confirmed by the Senate (Judiciary committee) • Can be impeached by Congress

6. Journal #30 • How many of you have ever asked one parent or family member to do something and were denied and then askedsomeone else the same thing in the hopes of getting a different decision? Did it work? Give an example. • How do you think this relates to the American judicial system? • Why do you think the Founding Fathers created lifetime appointments for Supreme Court justices?

7. Would your nominees be confirmed?

8. State courts • State Trial Court (criminal, family, juvenile, traffic): • Original jurisdiction (first to hear a case) • State appellate Court: If dissatisfied with the ruling, can appeal to this level • Appellate jurisdiction (reviewing a prior decision in a case for mistakes) • State Supreme Court

9. Thefederal court system • U.S. district courts (94 total): Trial courts • Original jurisdiction • U.S. circuit courts of appeal (13) • Appellate jurisdiction • Supreme Court: • Appellate jurisdiction • Usually does not have original jurisdiction except in cases involving ambassadors or multiple states (Art. III of Constitution)

10. How do cases get to the ~ 80 Decisions Original Jurisdiction ~80% of cases accepted come from federal system <1% of cases accepted are original jurisdiction U.S. Supreme Court? U.S. Circuit Court of Appeals: 12 circuits + Federal Circuit State Supreme Court – highest state court Intermediate Appeals Court U.S. District Court – 94 districts Federal Trials Trial Courts – municipal or county Local Trials Streetlaw.com FEDERAL: 1 million cases/yr STATES: 30 million cases/yr

11. How does a case get to the Supreme Court? • Hears cases by writ a certiorari (cert) • “To be made more certain” • Each year, accepts about 75 cases out of 8000 petitioned • “Rule of Four”: 4 of 9 justices must agree to hear case

12. The Supreme Court will hear cases if… • A state has made a decision that conflicts with a Supreme Court decision • State court has come up with a new federal question • Court of appeals in conflict with each other

13. The power of judicial review • Decides if laws are constitutional (permitted by the Constitution) or not • Had less power than the other branches until Marburyv. Madison • Creates precedents for future courts to follow • Precedents: Judging based on prior decisions

14. How the Supreme Court decides • Briefs: Written statements from both sides • Oral argument: Both sides present case, in 30 minutes • Conference and majority vote • Opinion Writing: Explains decision • Majority opinion: The ruling • Concurring opinions: Voted with the majority, but for different reasons • Dissenting opinions: Voted against the decision

15. How do justices decide? • Ways of interpreting the Constitution: • Judicial Restraint: Strict interpretationof the Constitution (originalists) • Based only on what is in the text • Judicial Activism/“Living Constitution”: Loose interpretation of the Constitution • Goes beyondthe text to look at broader societal implications

16. Journal #31 • Watch the Stephen Colbert interview with retired justice John Paul Stevens. • Court cases mentioned: Bush v. Gore, Citizens United • List terms/concepts/ideas from the interview you recognize learning in class.

17. Journal #32 • Why do you think your case is considered a “landmark” case? • Which amendment(s) in the Bill of Rights is prominent in your case (if applicable)?

18. Moot Court Roles • Supreme Court (9 justices): Alex, Cody, Katelynn, Jake, Nate, Jessica, Kristen, Bea, Kelly • Attorneys for the petitioner (6): Sam, Maxine, Lauren, Kiernan, Heather, Casey • Attorneys for the respondent (5): Peter, Shenna, Christine, Bryanna, Bobby

19. Moot Court Rules • 1. Attorneys meet to prepare briefs, justices meet to prepare questions • 2. Initial statements: Petitioner’s attorneys • 3. Initial statements: Respondent’s attorneys • 4. Questions from justices • 5. Attorneys discuss the case and predict decision, justices meet in secret to come to a decision and write opinions • 6. Justices reveal decision, class as a whole discusses

20. Post-Moot Court discussion • What does each side (party) want? • What are the arguments in favor of and against each side? • Which arguments are the most persuasive?  Why? • What are the legal precedents and how do they influence this case? • What might be the consequences of each possible decision?  To each side?  To society? • Are there any alternatives besides what each side is demanding?

21. Debrief • Do you agree with the decision? Why or why not? • What language of the Constitution and the amendments, other law, or previous cases was relied upon in the Court's decision? • What was the significance of the Court's decision?Did the decision change the meaning of the Constitution? • Was this the best way to solve the problem? What are the alternative ways? • Can you predict problems arising out of the Court's decision?

22. Clip • Jon Stewart: Interview with Tom Goldstein • Court case: Florence v. Board of Chosen Freeholders of the County of Burlington • List terms/concepts/ideas from the interview you recognize learning in class. • What does Goldstein say about the political ideologies of the Supreme Court justices?

23. Journal #33 • Moot Court Reflection: • If you were a Supreme Court justice: • How did you come to a decision as a group? What discussion and debate went on? • Did you personally rule based on judicial activism or judicial restraint? Explain. • If you were an attorney: • Did you make your case based on constitutional principles (amendments), legal precedents (prior cases), or your own personal opinion? Explain.

24. In a CRIMINAL case… • The first step in the process is “arrest”

25. Step 1: Arrest • In the U.S. justice system, a defendant is innocent until proven guilty. • “Probable cause” must exist – Reasonable belief that a crime has been committed

26. Probable Cause Case Study

27. Case Study Questions

28. Step 2: Arraignment • Arraignment – first appearance before a judge • Purpose: • 1- determine if probable cause exists • 2 – determine appropriate bond • 8th Amendment • Bond determined by: • Prior criminal history • Seriousness of offence • Strength of evidence • Ties to community

29. Step 3: Pre-trial/plea bargaining • Defendant and attorney can bargain with prosecutor (state) • Purpose to end a case before trial begins • 95%-98% decided this way • Punishment is far worse if you are found guilty by a jury rather than punishment determined by plea bargain • In your journal: Is this justice? Under what circumstances might an innocent person plead guilty?

30. Plea Bargaining Case Study

31. Step 4: The Trial Cases not plea bargained are tried through the trial process. In Connecticut, 6 jurors with two alternates for non-murder cases 12 jurors for murder cases “Burden of Proof” rests with state. All jurors must agree on verdict A “split” jury results in a mistrial, allowing the case to be re-tried

32. Step 5: The appeal Yes! He may file an appeal. In order to raise an issue on appeal there must be a legal basis. The legal issue must exist in the record of the trial. (transcripts, evidence, documents) At this stage, the defendant bears the “burden of proof” Ex: Jury did not represent a “jury of peers”, evidence was insufficient… New trial: DNA or other new evidence If a defendant is convicted after the trial, does he have any recourse?