Chapter 28.2 “The Judicial Branch of Texas”

The Judicial Branch is made up of courts and judges throughout the state.

It serves three purposes: It supports a system by which those accused of crimes may be tried and, if found guilty, punished. It supports a system by which those accused of crimes may be tried and, if found guilty, punished. It provides a system in which disputes can be settled. It provides a system in which disputes can be settled. It decides what the laws of the state mean and how they should be enforced. It decides what the laws of the state mean and how they should be enforced.

Texas, like the United States, has two general areas of law – civil and criminal.

CIVIL LAW Comes from the Latin word for citizen. Comes from the Latin word for citizen. Pertains to legal disputes between citizens, businesses, and governments. Most civil cases concern disputes about property, money, child custody, or insurance claims. Most civil cases are solved by out-of-court settlements because trials are so expensive. About 1/3 go to trial.

CRIMINAL LAW Describes what people can and cannot do. Describes what people can and cannot do. Concerned with crimes and punishment. Concerned with crimes and punishment. In a criminal case, only the government can bring court action against the accused. In a criminal case, only the government can bring court action against the accused. A citizen cannot file a criminal suit but may file a civil suit resulting from a criminal action. (Example: O.J. Simpson won his criminal case involving the murder of his wife, but lost the civil case involving him in his wife’s “wrongful death.” A citizen cannot file a criminal suit but may file a civil suit resulting from a criminal action. (Example: O.J. Simpson won his criminal case involving the murder of his wife, but lost the civil case involving him in his wife’s “wrongful death.”

Two types of offenses are recognized under criminal law: felony – a very serious crime such as murder, arson, or kidnapping. Persons convicted usually go to prison, and may be given the death penalty. felony – a very serious crime such as murder, arson, or kidnapping. Persons convicted usually go to prison, and may be given the death penalty. misdemeanor – a less serious crime such as disorderly conduct, gambling, or dangerous traffic violations. Persons convicted may pay fines, serve terms in county jails, or both. misdemeanor – a less serious crime such as disorderly conduct, gambling, or dangerous traffic violations. Persons convicted may pay fines, serve terms in county jails, or both.

Young people between the ages of 10 and 17 who have committed serious offenses are the responsibility of the TYC, (the Texas Youth Commission).

Juvenile offenders under the TYC receive: a medical evaluation a medical evaluation educational testing and assessment educational testing and assessment a psychological evaluation a psychological evaluation special treatment for drug dependency or violent behavior special treatment for drug dependency or violent behavior

The Jury System

Whenever a person is accused of a felony, a group of 12 people called a grand jury considers the case. If 9 of the 12 members believe there is evidence that the person committed the crime, an indictment, is issued. If there is not enough evidence to justify a trial, the jury can issue a “no bill.”

When criminal cases go to court, a petit jury must listen to evidence presented by attorneys and agree on a decision of “guilty” or “not guilty.” If they agree on a guilty verdict, either the judge or the jury decides on a sentence.

Plea bargaining: the defendant agrees to plead to a lesser charge. Many times, both sides have something to gain Government: Government: 1. Cannot handle all the cases that come up for trial. 2. Saves money and time involved in a trial. Accused: 1. Will most likely receive less punishment than if he is found guilty of the more severe charge.

Agencies working for Justice: (DPS) Texas Department of Public Safety -supervises highway traffic and licenses drivers (DPS) Texas Department of Public Safety -supervises highway traffic and licenses drivers Texas Department of Criminal Justice – administers state prisons for adults Texas Department of Criminal Justice – administers state prisons for adults (TYC) The Texas Youth Commission oversees juvenile correctional facilities (TYC) The Texas Youth Commission oversees juvenile correctional facilities Attorney General – considered to be the state’s attorney. If a case goes to court, his office represents the state. Attorney General – considered to be the state’s attorney. If a case goes to court, his office represents the state.

Want to be an attorney? In 2001, 62,000 attorneys were licensed to practice law in Texas. In 2001, 62,000 attorneys were licensed to practice law in Texas. To be licensed, a Texan must: To be licensed, a Texan must: a. complete law school a. complete law school b. pass an examination b. pass an examination c. become a member of the state bar c. become a member of the state bar

Want to be a juror? Jurors must: Be a Texas citizen Be a Texas citizen Be at least 18 years old Be at least 18 years old Be able to read and write Be able to read and write Be of sound mind Be of sound mind Have no felony convictions or be under indictment for committing any felony Have no felony convictions or be under indictment for committing any felony

There are two kinds of courts in Texas: Trial Courts: Trial Courts: Courts in which witnesses are heard, evidence is presented, and a decision is reached Courts in which witnesses are heard, evidence is presented, and a decision is reached Appeals Courts: filed if the loser feels the trial was unfair

High Courts in Texas Texas is one of two U.S. states which has more than one highest court. Supreme Court of Texas Supreme Court of Texas used for civil or juvenile cases used for civil or juvenile cases Court of Criminal Appeals used for criminal cases

Let’s Review!

Question: Name two types of law in Texas: criminal and ______

Answer: civil Question: What is the name of a less serious crime?

Answer: misdemeanor Question: What is the name of a severe crime?

Answer: felony Question: If a grand jury decides that a person might have committed a crime, it may issue an _________.

Answer: Indictment Question: When a defendant agrees to plead guilty to a lesser charge, it is known as _____ _________.

Answer: plea bargaining Question: What are the names of the two highest courts in Texas?

Answer: The Supreme Court of Texas and The Court of Criminal Appeals

Court Adjourned Until Tomorrow!