Presentation on theme: "CHAPTER 25: THE TEXAS JUDICIARY, LAW, AND DUE PROCESS"— Presentation transcript:
1CHAPTER 25: THE TEXAS JUDICIARY, LAW, AND DUE PROCESS
2Civil and Criminal Law Compared Civil LawPrivate rightsIndividual relationshipsObligationsResponsibilitiesPlaintiffs initiate suits.Remedy is compensation/relief.Criminal LawPublic MoralityConcepts of right and wrongPublic officials prosecuteRemedy is punishment.
3Distinction between Civil and Criminal Cases Civil cases concern individual rights and remedies. Involves private parties or organizations; individuals try to establish responsibility and provide relief.Must prove “preponderance of the evidence”Criminal cases involve a violation of penal law; the state attempts to establish guilt and inflict punishmentDefendant must be guilty “beyond a reasonable doubt”Important distinction between civil law and criminal law is the burden of proof (the duty and degree to which a party must prove its position).
4Types of Civil Law Common Law Homestead Eminent Domain Right to Work Stare DecisisProbateCharterSlanderCommon Law MarriageIntestateWrits of InjunctionLibelCommunity PropertyReal PropertyClosed ShopTort
5Issues in Civil Law Tort reform- http://www.atra.org/states/TX placed restrictions on lawsuits because some argued that society was going to court for frivolous reasons.Punitive damage reformsjudgments in excess of actual damages that are intended to punish the defendant.No-faultplan would allow an insured person to collect for damages from the individual’s own insurance company regardless or who is at fault in an accident.Under the present liability plan, it’s expensive to determine who is at fault.
6Federal Offenses Federal offenses include crimes committed on the high seascommitted on federal property, territories, and reservationsinvolving crossing of state or national boundariesinterfering with interstate commercecommitted against the national government or its employees while they are engaged in official duties.Misdemeanors are minor crimes punishable by the county or a fine.
8The Criminal Criminals often are FBI index crimes Young malespoor,members of racial or ethnic minority groups with emotional and social problems.FBI index crimesAmericans under eighteen account for 18% of crimesMurder and nonnegligent manslaughter, forcible rape, robbery, aggravated assault, burglary, theft and motor vehicle theft are measured.White collar crimes-usually someone you don’t suspect like a business man or college professor committing crimes such as tax fraud, bribery, business fraud, price fixing and embezzlement.
9Possible Contributing Factors to Crime PovertyEducationUrban LifeGangsIllegal Drugs/Alcohol AbuseSingle-parent householdsEach to the extent that sectors of society feel they do not now nor in the future benefit from the current system.
10The Victim Violent Crimes Victimless crimes Outrage against violent and property crimes is higher than towards white-collar crimes. Costs for white-collar crimes are much higher.Victimless crimesProstitution, drug possession, gambling are crimes where the primary victim is the criminal themselves.At least 46% of Texas murderers knew their victimsMore than half of the Texas murder victims were minority. 41% were Hispanic.Texas has experienced a decline in crime.
14The Courts The court must blend two goals: To protect society according to the state’s legal conceptsTo protect the rights of the individual through ‘Due Process Legal Procedures.
15The Courts and Criminal Law Due process legal procedures are essential to guarantee fair play before the government may deny a person life, liberty, or prosperity.Pretrial Court ActivitiesThe accused is presented before a justice of the peace or other magistrate. The purpose of this arraignment is to:Explain the charges against the accused.Remind the suspect of the right to remain silent (2nd time in the process) and to counsel and to request a written acknowledgement that the warning was given and understood.Set bail. Money deposit as a guarantee to appear in court.Inform the accused of the right to an examining trial or a Grand Jury.
16The Courts (cont.) The suspect is told the charges upon arrest, in the arraignment, and in several subsequent proceedings.Writ of Habeas Corpusa court order requiring that the prisoner be presented in person and legal cause shown for imprisonment (between arrest and arraignment).the accused has the right to counsel.Personal recognizancethe defendants personal promise to appear. Money deposit waived usually first offenders, not career criminals.The accused has the right to an examining trial in felony cases
17Formal Charges Summary Pretrial court activities include arraignment, the setting of bail, a second reading of the Miranda rights, and establishing the right to legal counsel.A felony indictment requires action of a grand jury.Grand juries are made up of twelve ordinary persons who are responsible for felony indictmentsA petit jury is used in a trial court to determine guilt or innocence.
18Pretrial Hearings This is a second arraignment before a judge The formal indictment by the Grand Jury is read and the accused enters a plea.If a guilty plea is entered, the judge sets a punishment date.Most defendants plead not guilty at this point, and the case is placed on a docket or a calendar.A variety of motions could be made:Continuance-delaySuppression of evidence-certain evidence inadmissibleInsanity plea-Change of venue-Usually related to media coverage
19Plea BargainingMost cases are finalized via plea bargaining before the pretrial hearings.Deferred adjudication- case can be tried at a later date if the accused meets probation-like conditionsTrial v. Plea bargaining- quick disposition of cases can result in real criminals may get off easy while falsely accused citizens may bargain to get it over with.
20The Trial A trial by jury could be waived. Texas provides a right to a trial by jury in every criminal case.If waived, the judge decides the verdict.During the voir dire, prospective jurors are questioned.Peremptory challengeStrikes for causeAdversary systemThe jury determines the issue of guilt, but sentencing may be made by either the judge or the jury.Punishment for those found guilty may include:fine, probation, deferred adjudication, incarceration, and death by lethal injection
21The Trial Procedure Guarantees Knowledge of the lawsEvidenceCompulsory processCharge to the jurySummaryHung juryMistrialProbationSentencing
22Post Trial Proceedings To protect a person from double jeopardy, an acquitted person cannot be tried again for the same offense.In mistrial cases, another trial may be held.A person found not guilty of one offense may be tried for a related offense.The state may not appeal the reversal of a not guilty verdict.The defendant may appeal a guilty verdict.Appellate procedure is designed to review a lower court’s decision.If several procedural errors are found, the court may return the case to a lower court for retrial (not considered double jeopardy).Once all appeals are exhausted, the federal courts might hear the case if a constitutional violation is asserted.Juveniles are treated differently under state law.
24Municipal Courts Set up by incorporated cities of Texas Criminal misdemeanors with fines less than $500.Exclusive over municipal ordinance violations (fines up to $2,000).Limited civil penalties in cases involving drugsMagistrate functions
28County Level Courts 254 Con. Law Courts Original Jurisdiction in civil matters between $200 and $5,000.Original jurisdiction over $500 misdemeanors/jail.De novo appeals from lower court/court of record.
29County Level Courts 187 County Courts at Law Limited jurisdiction over civil matters less than $100,000/criminal misdemeanors.De novo appeals from lower courts/court of record16 Probate CourtsLimited to Probate Matters
31District Courts 420 Courts and 420 Judges Original Jurisdiction in matters over $200.Divorce, title, contested elections and contested probate matters.Original jurisdiction in felony crime casesJuvenile Matters10 District Courts are criminal courts.Cases with the death penalty go to Court of Criminal AppealsPlea Bargaining
35Supreme Court and Court of Criminal Appeals 9 JusticesFinal appellate jurisdiction in civil and juvenile casesCourt of Criminal Appeals1 Court9 JudgesFinal Appellate jurisdiction in criminal cases
36Supreme Court Justices Elected in statewide electionsThree of the justices elected every two years for six year terms.QualificationsAt least 35 years of ageU.S. and Texas CitizensServed as a lawyer or judge of a court of record for ten years
37The Selection Method of Texas Judges… Judges of County Courts at Law and all higher courts must be experienced attorneys to be elected to the bench.State trial judges are elected on a partisan basis for terms of four years with no term limits.Appellate judges are elected on a partisan basis for terms of ten years with no term limits.District judges and all higher judges can be impeached by the legislature and removed from office. County level and lower state judges may be removed by a district court.There is no recall of state judges.
39Texas Judiciary Issues There is too much overlapping jurisdiction and confusion in the judicial system.Many municipal and all J. P. courts are not courts of record. This means appeals result in trials de novo. This results in many cases being dismissed.A unified highest appellate court would put Texas in line with all states but Oklahoma.There is need to reform cost and partisanship of selecting judges.