We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byKiley Thaxton
Modified about 1 year ago
Politics in States and Communities (15 Ed.) Thomas Dye and Susan MacManus Edited by Bob Botsch
Chapter 9 Chapter 9 Courts, Crime, and Correctional Policy
© 2014 Pearson Education, Inc. All rights reserved. Learning Objectives Outline the role of the courts in the policymaking process, and describe how the policymaking style of the courts is distinct from those of the legislative and the executive branches. Explain the litigious nature of the United States, and assess efforts at tort reform. Discuss the gradual expansion of individual rights, and compare the roles of the national and state judicial systems in protecting individual rights. Describe the structure of the state court systems. Compare and contrast the five methods used for selecting judges in the states; describe their status, race, gender, and party affiliation; and explain the processes for disciplining state judges. Explain how judicial decisions are made in both state trial and supreme courts, and compare judicial activism and judicial restraint. Trace crime rates in the states over time, compare crime rates across states, and describe juvenile and hate crimes. Examine the various law enforcement agencies that operate in our states and communities. Describe the law enforcement, peacekeeping, and service provider functions of law enforcement; compare the proactive and reactive approaches to police activity; and assess the role of the citizen in law enforcement. Explain the role of the prosecutor in the judicial system, evaluate whether prosecutorial discretion and plea bargaining yield desirable outcomes, and assess the effectiveness of grand juries as a check on prosecutors. Examine the extent to which the American population is jailed or otherwise under the supervision of the judicial system; explain differences in incarceration rates among states; assess the effectiveness of deterrence, rehabilitation, parole, and probation; and analyze the causes and consequences of prison overcrowding. Trace the history of the death penalty in the United States, compare capital punishment across the states, and analyze whether the United States should continue to have the death penalty.
© 2014 Pearson Education, Inc. All rights reserved. The Politics of Justice Courts are “political” institutions b/c they attempt to resolve conflicts Like legislative and executive institutions, courts make public policy in the process of resolving conflicts Some of the nation’s most important policy decisions have been determined and/or modified by courts –E.g. eliminating racial segregation, ensuring the separation of church and state, defining the rights of criminal defendants, establishing and limiting the right to abortion, and guaranteeing individual voters an equal voice in government
© 2014 Pearson Education, Inc. All rights reserved. Court Terms You Should KNow Case: Court matter involving two disputing parties Defendant: The accused party Plaintiff: The accusing party Prosecutor: The attorney acting on behalf of the government in a criminal case Statutory law: Laws passed by legislatures Common law: Legal traditions made by judges Civil cases: Disputes that do not involving law-breaking Liability: Legal responsibility for damages caused by civil wrongdoing
© 2014 Pearson Education, Inc. All rights reserved. More Court Terms Felony: A serious violation of criminal law with prison >/= one year Misdemeanor: A crime punishable by a fine or short jail sentence Pain and suffering: Added compensation for a victim beyond actual medical care, lost wages, etc. Punitive damage awards: Multiples of the actual damage found, designed to punish firms or persons found to be at fault Joint and several liability: Legal responsibility for full damages regardless of the degree of contribution to harm Tort: A legal harm caused by civil wrongdoing Loser pays law: Requirement that the losing party in a civil suit pay the legal fees of the winning party
© 2014 Pearson Education, Inc. All rights reserved. The “Lawyering” of America The U.S.—the world’s most litigious society The rise in the number of lawsuits corresponds to the rise in the number of attorneys—question of causal direction? Around 15 million civil cases filed each year Highest median damage awards: med malpractice & product liability Lawsuits may involve: –Expanded liability—creates market for liability insurance –Contingency fees basis for lawyer costs –Third-party suits—”deep pockets” –“Pain and suffering” and “punitive” awards –“Joint and several” liability—collect entire award from anyone involved –Alternative dispute resolution—e.g. mediation/arbitration
© 2014 Pearson Education, Inc. All rights reserved. Tort Reform A tort is a civil wrong or injury case involving private parties in which courts provide a remedy in the form of damages Most common reforms: 1) capping awards for pain and suffering, 2) eliminating punitive damage awards, 3) restricting the fees that lawyers can subtract from the total award, 4) ending the rule of joint and several liability, and 5) “loser pays” rule Supported by insurance companies, product manufacturers, and physicians and hospitals Opposed by trial lawyers, consumer advocates, environmentalists
© 2014 Pearson Education, Inc. All rights reserved. Judicial Federalism The Supremacy Clause of the U.S. Constitution (Article VI) ensures 1.federal constitution supersedes state constitutions 2.state courts may not limit federal constitutional guarantees But state constitutions cover many more topics and may add individual rights not found in the U.S. Constitution Judicial federalism refers to state courts’ authority to interpret their own states’ constitutional guarantees to expand upon those in the U.S. Constitution
© 2014 Pearson Education, Inc. All rights reserved. Judicial Federalism Nationalizing the Bill of Rights: Since the 1920s the U.S. Supreme Court has said states and all their subdivisions are bound by the Bill of Rights (“selective incorporation” via 14 th amendment) Extending personal liberties by state courts: equality in school finance, right to sodomy under privacy, pay for abortions for poor, nude go-go dancing, right to hunt Judicial policy divergence: loss in predictability and stability, but expansion in individual rights that eventually get to U.S. Supreme Court
© 2014 Pearson Education, Inc. All rights reserved. Incorporation of the Bill of Rights
© 2014 Pearson Education, Inc. All rights reserved. The Structure of Court Systems Minor trial courts: Of limited jurisdiction, such as traffic, family, and small claims courts Major trial courts: Of general jurisdiction, such as district, circuit, and criminal courts Juries: Trial (petit) and grand: Petit juries determine guilty or innocent; grand juries investigate and indict The public defender: Provided by the state if accused cannot afford a lawyer Appellate courts: District courts and state supreme courts Appeals to the U.S. Supreme Court: On federal constitutional grounds
© 2014 Pearson Education, Inc. All rights reserved. State and Local Court Structure
© 2014 Pearson Education, Inc. All rights reserved. The Making of a Judge Appointment: Removes selection of judges from party politics Interim appointment: Used when a judgeship is vacant Election: Incumbent judges have huge advantage Appointment-retention judicial election plan: Combination approach Moderate Status: too low to attract lawyers from high-paying firms Gender and race: Women and minorities are underrepresented Party affiliation: Judges often refuse to identify Disciplining and removing judges: Most commonly by commissions Competition in judicial elections: Historically, very little—increasing!
© 2014 Pearson Education, Inc. All rights reserved. Selection of State Court Justices and Judges
© 2014 Pearson Education, Inc. All rights reserved. Selection of State Court Judges (cont’d.)
© 2014 Pearson Education, Inc. All rights reserved. Money In Judicial Elections
© 2014 Pearson Education, Inc. All rights reserved. Judicial Decision Making Trial courts: Most visible area of trial judge discretion is sentencing Supreme courts: Most decision making involves economic interests Partisanship in state courts: Correlates more at supreme court than at lower court level Judicial activism versus restraint: Recent trend toward activism Liberals, conservatives, and judicial activism: Tendency for liberal judges to be more activist than conservative—depends on status quo
© 2014 Pearson Education, Inc. All rights reserved. Crime in the States Trends in crime rates: Dramatic rise , but mostly declining since then—demographics! Variations: Generally higher crime rates in southern and coastal states, more mobile populations, cities that have lost population Juvenile crime: Most is committed by year olds Hate crimes: About 260,000 annually, 1 percent of all crimes Victimization: Rates suggest official crime rates are understated Judicial officials under attack: Situation has worsened in recent years
© 2014 Pearson Education, Inc. All rights reserved. Crime Rates in the U.S.
Crime Rate and Incarceration Rate
© 2014 Pearson Education, Inc. All rights reserved. Police Protection in the States: #’s Nationally, there are more than 800,000 full-time sworn police officers 13,000 local police departments 3,083 county sheriff departments 9% of police officers work for state 31% for counties 60% for city
Police Protection and Death Rates of Law Enforcement and Corrections Officers
© 2014 Pearson Education, Inc. All rights reserved. Police and Law Enforcement Police “culture”: Biggest factor is attitude of people involved Police and crime reduction: Number of officers only one factor Community policing: More proactive, officers walk the streets Police crackdowns: Need community support to work “Broken Windows”: More arrests for petty offenses Citizen surveillance: Safety versus privacy: Public more willing to accept cameras than drones Citizen action: Has risen dramatically over last decade Police efficiency: Clearance rates for arrests, not convictions
© 2014 Pearson Education, Inc. All rights reserved. The Politics of Prosecution Prosecutor’s discretion: Whether to prosecute, and on more or less serious charges The role of grand juries: Follow the recommendations of prosecutors in over 98% of the cases presented to them Plea bargaining: In 90% of cases guilty pleas are before judge and not jury Making bail: a key step that almost predetermines whether one takes a plea bargain b/c of life disruption
© 2014 Pearson Education, Inc. All rights reserved. State Prisons and Correctional Policies Prisoners in the states: reflects the state’s crime rate The failure (and rebirth) or rehabilitation: Trend away from punishment Sentencing: Trend away from determinate, due to prison overcrowding Prison overcrowding: Longer sentences, higher crime rate Early releases: An effort to relieve overcrowded prisons The 85 percent solution: Felons must serve at least 85% of sentence Building more prisons: Incarceration cost tradeoff is with cost of crime “Three Strikes You’re Out”: Popular with public but can overcrowd prisons Probation and parole: Effective or not?: Evidence is mixed
© 2014 Pearson Education, Inc. All rights reserved. The Death Penalty Furman v. Georgia and unfair application: 1972 Supreme Court ruling banned death penalty as it was then being used The death penalty reinstated: States rewrote laws for more fairness No death penalty for the mentally challenged and juveniles: Supreme Court says would be “cruel and unusual punishment” Few executions: In recent years about 40 to 50 annually Who’s on death row?: 43% white, 42% African American Methods of executions: All but Nebraska use lethal injection Moratoriums, abandonments, and reinstatements: DNA evidence
© 2014 Pearson Education, Inc. All rights reserved. Changing Attitudes toward the Death Penalty
© 2014 Pearson Education, Inc. All rights reserved. Death Penalty Laws in the States
© 2014 Pearson Education, Inc. All rights reserved. On the Web Cornell University site of Supreme Court caseshttp://www.law.cornell.edu/supct/ U.S. Bureau of Justice Statistics Federal Bureau of Investigationwww.fbi.gov FindLaw Cases and Codeshttp://www.findlaw.com/casecode/
Democracy and Constitutions The Texas System of Justice p
Essential Question: How does Georgia’s judicial system provide justice and protect the rights of its citizens?
The Judicial Branch. Court Systems & Jurisdictions.
Article III: The Judicial Branch Chapters: 11,12
The Judicial Branch Unit 5. Court Systems & Jurisdictions.
Analyze this Lady Justice statue for symbolic things. What do you see? Design your own statue that you think represents justice. Bell Ringer.
Chapter 28-2: Texas Courts Systems Guided Notes. Texas Judicial System A. Consists of : 1)Courts 2)Judges 3)Law enforcement agencies B. Serves the purposes.
Chapter 28.2 “The Judicial Branch of Texas”. The Judicial Branch is made up of courts and judges throughout the state.
Chapter 28-2: Texas Judicial Branch and Courts Systems Guided Notes.
SENTENCING. Government determines sanction range for each offense Judge or jury responsible for sentencing Broad range of potential criminal sentences.
The Judiciary Chapter 9. LEARNING OBJECTIVES LO 9.1 Describe the differences between criminal and civil cases and between original and appellate jurisdiction.
The Courts What reporters need to know. Civil and criminal Criminal law covers harms done against the people. Examples: Murder, theft, reckless driving.
Unit 4– Judicial Branch in Georgia Georgia Studies.
Chapter 9. After reading this chapter, students should be able to Discuss the judiciary as a political branch of government. Describe the major players.
Chapter 12.4 The State Judicial Branch. Lower State Courts The state court system handles most of the nation’s legal matters. State courts interpret and.
Unit 8 – Judicial Branch in Georgia Lesson 4 – Judicial Branch in Georgia Study Presentation Georgia Studies.
What is Law. Jurisprudence The Study of law and legal philosophy.
AN OVERVIEW OF THE AMERICAN LEGAL SYSTEM. Branches of Government Legislative Executive Judicial Levels of Government Local State Federal.
Judges and Courts Article V of the Texas Constitution describes the judiciary. This branch makes up the state’s court system. The Texas courts decide.
The Judicial Branch. The basic function of the courts is to interpret and apply the law to settle conflicts.
The Judicial Branch November 10, 2014 Standard: SS8CG4 The student will analyze the role of the judicial Branch in Georgia state government.
The Judicial Branch Chapter 11. Learning Objectives 11.1 Identify the sources of Texas law. 11.2Compare the functions of all participants in the justice.
Texas and United States Governments. Federalism AAAAs a state within the United States, Texas is part of a federal system of government. This means.
These slides are designed to make note-taking simpler. Most notes are drawn from the text. You will have a test on these notes as part of your your.
What is Law? Jurisprudence: the study of law and legal philosophy Law: the rules and regulations made and enforced by government that regulate the conduct.
LAW SOURCES OF LAW LAW CRIMINAL LAW-TYPES OF CRIME THE AMERICAN LEGAL SYSTEM CIVIL CASES CRIMINAL CASES JUVENILE CASES.
Criminal Justice Process: Proceedings Before Trial Chapter 13 Street Law Text pp
Texas Judicial System Consists of : Courts Judges Law enforcement agencies Serves the purposes of: Supporting a system for the trial and punishment of.
1. Trial and Appellate Courts Jurisdiction The authority of a court to hear a particular case Original Jurisdiction The power of a court to.
Judicial Branch of the Georgia State Government. SS8CGC4 The student will analyze the role of the judicial branch in Georgia state government. SS8CGC4.
The Judicial Branch American Government Notes. Dual Court System The U.S. has a dual court system, which means that we have federal and state courts that.
What is Law?. Law vs. Values Laws Reflect and promote societies values Values/Morals (as per dictionary.com) of, pertaining to, or concerned with.
Chapter 16 Sections Objectives: 4.05, 4.09, 6.02, 6.07, 6.08.
Chapter Two LAW and CRIME. Questions WHY DO WE HAVE LAWS? And, WHO IS REPONSIBLE FOR MAKING THE LAW?
Unit 8 –Government Lessons 2, 3, and 4: Three Branches of Government Study Presentation Georgia Studies.
The Judicial Branch of State Government Class Presentation.
Law-rules and regulations made and enforced by government that regulate the conduct of people, within a society.
The Arizona State Court System. Jurisdiction State and Local Laws federal system allows states to deal with crime in a variety of ways Civil cases: between.
Georgia’s. SS8CG4 – The student will analyze the role of the judicial branch in GA state government. SS8CG6 – The student will explain how the Georgia.
Chapter 20: Civil Liberties: Protecting Individual Rights Section 4.
Virginia RULES Teens Learn & Live the Law Virginia’s Judicial System.
The Judicial Branch The Criminal Justice Process.
15.3 The American Legal System. Protection in the US Constitution The US Constitution is the basic law of our nation; it gives each branch of government.
Chapter 15.3 The American Legal System. Legal Protections in the U.S. Constitution American colonists owed their rights to legal principles developed.
The Criminal Justice System Chapter 12. Elements of the Criminal Justice System Criminal Justice Law Texas criminal justice system: The system of.
GEORGIA HISTORY 12/2/21012 INTRODUCTION TO: THE STATE LEVEL OF GEORGIA’S GOVERNMENT /CHAPTER 15 1) EXECUTIVE BRANCH 2) LEGISLATIVE BRANCH 3) JUDICIAL.
Criminal Justice & Georgia’s Judicial System. What Is A Crime? A Crime is an action (by a person), in which a society has deemed it as inappropriate,
Criminal Justice Today Twelfth Edition CHAPTER Criminal Justice Today: An Introductory Text for the 21 st Century, 12e Frank Schmalleger Copyright © 2014.
Chapter 10 Crime and Corrections Policy. Categorizing Crime Crimes have different levels of severity. Punishment varies according to the classification.
Manuel MendiolaCriminal Justice Chapter 1 Criminal Justice Process And Jurisdiction of felonies and misdemeanors.
© 2017 SlidePlayer.com Inc. All rights reserved.