Chapter 1 The Court System Section 2 Objectives

Chapter 1 The Court System Section 2

Objectives I. Discuss our use of the Dual Court System (State v. Federal) II. Civil and Criminal Trial Procedures III. Juvenile Court System and Procedures

I. Dual Court System: Federal and State Courts

Federal Court System Tier 1 US District Supreme Court Appellate Court US District Courts Tier 2 US Appellate Courts Tier 3 US Supreme Court

US District Courts Each State has at least 1 District Court.

US District Courts Each State has at least 1 District Court. MA has 3 - Worcester, Boston, Springfield

US District Courts Each State has at least 1 District Court. MA has 3 - Worcester, Boston, Springfield US District Courts have original jurisdiction, meaning they hear cases first ◦ This is the Federal Courthouse in Boston

Random Riddle 1 What gets whiter the dirtier it gets?

US Court of Appeals Appellate Court hears appeals and reviews cases from lower courts.

US Court of Appeals Appellate Court hears appeals and reviews cases from lower courts. Does not listen to witness testimony No Jury

US Court of Appeals Appellate Court hears appeals and reviews cases from lower courts. Does not listen to witness testimony No Jury Decide if lower courts applied the law accurately

US Supreme Court The highest Court in the country. Consists of the Chief Justice (John Roberts) and 8 associate justices.

Hear Cases that: ◦ Affect a wide range of people.

Hear Cases that: ◦ Affect a wide range of people. ◦ Involve the Constitution

Hear Cases that: ◦ Affect a wide range of people. ◦ Involve the Constitution ◦ Lower courts couldn’t agree.

Hear Cases that: ◦ Affect a wide range of people. ◦ Involve the Constitution ◦ Lower courts couldn’t agree. ◦ Involve a State

Federal Jurisdiction-a court’s power to hear a case and make a judgment.

Federal Jurisdiction-a court’s power to hear a case and make a judgment. The Federal Courts have jurisdiction in a number of cases.

Federal Jurisdiction-a court’s power to hear a case and make a judgment. The Federal Courts have jurisdiction in a number of cases. Refer to page 16 in book

Random Riddle Q: Mary’s father has 5 daughters – Nana, Nene, Nini, Nono. What is the fifth daughters name?

Interpreting the Constitution ◦ Plessy v. Ferguson- argued that segregation was against the 13 th and 14 th amendment.

Interpreting the Constitution ◦ Plessy v. Ferguson- argued that segregation was against the 13 th and 14 th amendment. ◦ Roe v. Wade - argued that laws against abortion violated the 14 th amendment which protects our rights to privacy under the due process clause. Jane Roe is a fictitious name. Norma Leah Mc. Corvey. Henry Wade- Texas DA

Cases between Citizens in Different States Money amount must be over $75, 000

US or State is involved This does not include actions between a state or citizen. Illinois V. Caballes

State Court System Tier 1 ◦ Local Trial Courts ◦ General Trial Courts ◦ Juvenile Trial Courts State Supreme Court Tier 2 ◦ Court of Appeals Appellate Court Trial Courts • Local • General • Juvenile Tier 3 ◦ State Supreme Court

Random Thoughts by Mitch Hedberg “An escalator can never break: it can only become stairs. You would never see an Escalator Temporarily Out Of Order sign, just Escalator Temporarily Stairs. Sorry for the convenience. ”

Local and General Trial Courts Local Trial Courts- hear small cases like traffic offenses and money disputes

Local and General Trial Courts Local Trial Courts- hear small cases like traffic offenses and money disputes General Trial Courts- hear state criminal cases.

Local and General Trial Courts Local Trial Courts- hear small cases like traffic offenses and money disputes General Trial Courts- hear state criminal cases. Juvenile Courts- hear cases of minors

State Appellate and Supreme Courts Jurisdictions are similar to Federal Appellate and Supreme courts.

Check your IQ I'm a male. If Albert's son is my son's father, what is the relationship between Albert and me

Check your IQ I'm a male. If Albert's son is my son's father, what is the relationship between Albert and me Albert is my Father

II. Criminal v. Civil Trials Criminal Trials ◦ Government v. Defendant Civil Trials ◦ Plaintiff (citizen) v. Defendant

II. Criminal v. Civil Trials Criminal Trials ◦ Government v. Defendant ◦ More Protection for Defendant. Civil Trials ◦ Plaintiff (citizen) v. Defendant ◦ Less Protection for Defendant

II. Criminal v. Civil Trials Criminal Trials ◦ Government v. Defendant ◦ More Protection for Defendant. Stricter rules of evidence Burden of Proof. Beyond a shadow of a doubt. Civil Trials ◦ Plaintiff (citizen) v. Defendant ◦ Less Protection for Defendant Burden of Proof- By a preponderance of evidence. Is evidence more likely true then not

II. Criminal v. Civil Trials Criminal Trials ◦ Government v. Defendant ◦ More Protection for Defendant. Stricter rules of evidence Burden of Proof. Beyond a shadow of a doubt. ◦ Verdict- Guilt or Innocence. Civil Trials ◦ Plaintiff (citizen) v. Defendant ◦ Less Protection for Defendant Stricter rules of evidence Burden of Proof- By a preponderance of evidence. (more likely true then not) ◦ Verdict- Liable or not Liable

II. Criminal v. Civil Trials Criminal Trials ◦ Government v. Defendant ◦ More Protection for Defendant. Stricter rules of evidence Burden of Proof. Beyond a shadow of a doubt. ◦ Verdict- Guilt or Innocence. ◦ Consequences-Fines, Incarceration, Court Supervision Civil Trials ◦ Plaintiff (citizen) v. Defendant ◦ Less Protection for Defendant Stricter rules of evidence Burden of Proof- By a preponderance of evidence. (more likely true then not) ◦ Verdict- Liable or not Liable ◦ Consequences-money damages, injunctions

III. Criminal Trial Procedure: 1. Arrest-when a person is legally deprived of their freedom.

III. Criminal Trial Procedure: 1. Arrest-when a person is legally deprived of their freedom. Officer can arrest if: ◦ They have a warrant

III. Criminal Trial Procedure: 1. Arrest-when a person is legally deprived of their freedom. Officer can arrest if: ◦ ◦ They have a warrant. Officer has a reason to believe that the defendant is committing a crime

2. Rights of a Defendant Miranda Rights Right to Remain Silent

2. Rights of a Defendant Miranda Rights Right to Remain Silent To Know Reason for arrest

2. Rights of a Defendant Miranda Rights Right to Remain Silent To Know Reason for arrest Name of Officer

2. Rights of a Defendant Miranda Rights Right to Remain Silent To Know Reason for arrest Name of Officer Telephone use

2. Rights of a Defendant Miranda Rights Right to Remain Silent To Know Reason for arrest Name of Officer Telephone use Talk with an Attorney

2. Rights of a Defendant Miranda Rights Right to Remain Silent To Know Reason for arrest Name of Officer Telephone use Talk with an Attorney Fair Trial and presumed innocent

3. Search and Seizure Officer may search a person or dwelling if: ◦ Permission is given

3. Search and Seizure Officer may search a person or dwelling if: ◦ Permission is given ◦ Search Warrant

3. Search and Seizure Officer may search a person or dwelling if: ◦ Permission is given ◦ Search Warrant ◦ Person is arrested (limited search)

3. Search and Seizure Officer may search a person or dwelling if: ◦ Permission is given ◦ Search Warrant ◦ Person is arrested (limited search) ◦ Illegal items are in plain view

3. Search and Seizure Officer may search a person or dwelling if: ◦ Permission is given ◦ Search Warrant ◦ Person is arrested (limited search) ◦ Illegal items are in plain view ◦ Schools officials can conduct searches if it affects the safety and well being of those in the school.

4. Arraignment-When defendant is read the indictment and is asked to enter their plea.

4. Arraignment-When defendant is read the indictment and is asked to enter their plea. ◦ Indictment-A set of official charges ◦ Indictment can be determined by a prosecutor or a Grand Jury

4. Arraignment-When defendant is read the indictment and is asked to enter their plea. ◦ Indictment-A set of official charges ◦ Indictment can be determined by a prosecutor or a Grand Jury ◦ Grand Jury-16 -23 citizens called together to determine if there is enough evidence to bring a case to trial

Random Riddle 2 Tom and his younger sister were fighting. Their mother was tired of the fighting, and decided to punish them by making them stand on the same piece of newspaper in such a way that they couldn't touch each other. How did she accomplish this?

5. Trial 1. Selection of Jury

5. Trial 1. 2. Selection of Jury Opening Statement

5. Trial 1. 2. 3. ◦ ◦ ◦ Selection of Jury Opening Statement Introduction of Evidence Witness Testimonies Deposition- out of court witness testimony in written form Bulk of Trial

5. Trial 1. 2. 3. ◦ ◦ ◦ 4. Selection of Jury Opening Statement Introduction of Evidence Witness Testimonies Deposition- out of court witness testimony in written form Bulk of Trial Closing Arguments

5. Trial 1. 2. 3. ◦ ◦ ◦ 4. 5. Selection of Jury Opening Statement Introduction of Evidence Witness Testimonies Deposition- out of court witness testimony in written form Bulk of Trial Closing Arguments Instructions to the Jury

5. Trial 1. 2. 3. ◦ ◦ ◦ 4. 5. 6. ◦ ◦ Selection of Jury Opening Statement Introduction of Evidence Witness Testimonies Deposition- out of court witness testimony in written form Bulk of Trial Closing Arguments Instructions to the Jury Verdict Jury must be unanimous If not then it’s considered a “Hung Jury”

5. Trial 1. 2. 3. ◦ ◦ ◦ 4. 5. 6. 7. ◦ ◦ Selection of Jury Opening Statement Introduction of Evidence Witness Testimonies Deposition- out of court witness testimony in written form Bulk of Trial Closing Arguments Instructions to the Jury Verdict Jury must be unanimous If not then it’s considered a “Hung Jury” Sentencing

Random Riddle If I have it, I don’t share it. If I share it, I don’t have it. What is it?

Sentencing Sentence- An appropriate punishment.

Sentencing Sentence- An appropriate punishment. a. Fines

Sentencing Sentence- An appropriate punishment. a. Fines b. Imprisonment a. Mandatory b. Indefinite: ex 5 -10 yrs

Sentencing Sentence- An appropriate punishment. a. Fines b. Imprisonment a. Mandatory b. Indefinite: ex 5 -10 yrs c. Death Penalty ◦ ◦ 38 States carry it Defendant cannot be executed if: Under 18 Mentally Ill

Sentencing Continued d. ◦ Mitigating Factors Information about the defendant that can be presented to reduce the sentence

Sentencing Continued d. ◦ Mitigating Factors Information about the defendant that can be presented to reduce the sentence Addictions Abused No prior history Nature of Criminal Act

Sentencing Continued e. Aggravating Factors Any fact or circumstance that increases the severity or culpability of a criminal act.

Sentencing Continued e. Aggravating Factors Any fact or circumstance that increases the severity or culpability of a criminal act. Criminal Record (Recidivism) Lack of Remorse Nature of Criminal Act

IV. Civil Trial Procedures 1. Pleadings- the filing of a complaint and summons by the plaintiff and defendant.

IV. Civil Trial Procedures 1. Pleadings- the filing of a complaint and summons by the plaintiff and defendant. ◦ Complaint- A legal document containing a short plain statement of plaintiff’s claim against the defendant.

IV. Civil Trial Procedures 1. Pleadings- the filing of a complaint and summons by the plaintiff and defendant. ◦ Complaint- A legal document containing a short plain statement of plaintiff’s claim against the defendant. ◦ Summons- informs the accused that a lawsuit has begun.

And the rest…. . 2. Methods of Discovery- Where all facts are disclosed and issues in dispute become clearly identified.

And the rest…. . 2. Methods of Discovery- Where all facts are disclosed and issues in dispute become clearly identified. 3. Pretrial Hearing- Judge meets with parties to go over the case in hopes of disposing of it before trial.

And the rest…. . 2. Methods of Discovery- Where all facts are disclosed and issues in dispute become clearly identified. 3. Pretrial Hearing- Judge meets with parties to go over the case in hopes of disposing of it before trial. 4. Trial Procedures- Similar to Criminal Trial with these exceptions:

And the rest…. . 2. Methods of Discovery- Where all facts are disclosed and issues in dispute become clearly identified. 3. Pretrial Hearing- Judge meets with parties to go over the case in hopes of disposing of it before trial. 4. Trial Procedures- Similar to Criminal Trial with these exceptions: ◦ Verdict-In Massachusetts, guilty verdict does not have to be unanimous (5/6 ths of the jury members must agree.

And the rest…. . 2. Methods of Discovery- Where all facts are disclosed and issues in dispute become clearly identified. 3. Pretrial Hearing- Judge meets with parties to go over the case in hopes of disposing of it before trial. 4. Trial Procedures- Similar to Criminal Trial with these exceptions: ◦ Verdict-In Massachusetts, guilty verdict does not have to be unanimous (5/6 ths of the jury members must agree. ◦ Instead of Sentencing it’s a Judgment ◦ Judgment- The courts determination of liability in a case.

5. Execution of Judgment- the carrying out of the judgment.

5. Execution of Judgment- the carrying out of the judgment. ◦ The judge may order a sheriff to go claim property if that was the judgment.

V. Juvenile Court 1. Detention Hearing -a court hearing where the judge decides if there is reason to keep the accused in custody.

V. Juvenile Court Detention Hearing -a court hearing where the judge decides if there is reason to keep the accused in custody. 2. Adjudicatory Hearing Where the judge questions the offender, parents, witnesses, probation officer etc to determine the guilt or innocence of the juvenile. 1.

Sentences for Minors Judge may impose 4 types of sentences: 1. Probation

Sentences for Minors Judge may impose 4 types of sentences: 1. Probation 2. Foster home, reform school or training where parents may be required to pay for the support.

Sentences for Minors Judge may impose 4 types of sentences: 1. Probation 2. Foster home, reform school or training where parents may be required to pay for the support. 3. Juvenile Detention

Sentences for Minors Judge may impose 4 types of sentences: 1. Probation 2. Foster home, reform school or training where parents may be required to pay for the support. 3. Juvenile Detention 4. Community Service or pay victims back for damage