The Judicial Branch

The Judicial Branch The basic function of the courts is to interpret and apply the law to settle conflicts

Civil Cases -The court acts as a kind of referee to set disputes between two or more parties -A typical case begins when one party sues another. -The party who bring legal action is called the plaintiff -Most cases do not result in a trial they are settled “out of court” -A civil court does not find anyone guilty or not guilty

Criminal Cases -The state prosecutes someone charged with committing a crime -Generally crimes offend the whole community, not just the individual victim -The government, not the individual victim, is the prosecution (district attorney) -It may find the defendant guilty as charged or not guilty

Judicial Review Cases -Reviewing rules or laws to determine if they violate the Constitution -Only higher-level state courts and federal courts exercise this power

Two levels of crimes one can commit Felony Misdemeanor Serious crime Punishable by a year or more in prison and/or a fine Examples: arson, burglary, kidnapping, car theft, murder, robbery, and rape Less serious crime Punishable by 1-12 months in jail and or a fine of $1,000 or less Examples: concealed weapon, criminal trespass, cruelty to animals, and shoplifting

Compare and Contrast Original jurisdiction Appellate jurisdiction Has the authority to be the first court to hear the case Labeled “trial courts” May use trial by jury or nonjury trials in which the judge alone hears the case Has the authority to review decisions of lower courts Do not hold trials Use several judges who hear cases and make decisions as a body

How judges are selected Magistrate and Municipal court judges: are elected or appointed State and Probate court judges: elected to four year terms in county wide elections Superior court judges: elected to four year terms in circuit wide elections Supreme and Appellate court justices: elected to six year, staggered terms in state wide elections -Choose one of their number to be chief justice

Due Process (a clause of the 5th Amendment) Rights and procedures guaranteed by several amendments: -Be notified of charges against you (6th) -Be provided a speedy and public trial (6th) -Be able to confront witnesses (6th) -Be represented by a lawyer (6th) -Have an impartial judge and jury (7th) -Remain silent (5th)

Pretrial Proceedings

Law enforcement authorities take the suspect into custody Arrest Law enforcement authorities take the suspect into custody

Booking Authorities make an official record of the arrest and place the suspect in a cell

Initial Appearance The magistrate court judge sees that the suspect is given due process, including the right to an attorney, bail, and explanation of charges

Preliminary Hearing Magistrate determines if there is probable cause to believe that a crime has been committed and that the person should be tried

Grand Jury Indictment Grand jury (16-23 citizens) decide if there is enough evidence to charge the suspect with a crime. If so the grand jury issues an indictment.

Arraignment Superior court judge reads charges and the accused pleads guilty or not guilty. If the plea is guilty skip ahead to sentencing.

Plea Bargaining Accused agrees to plead guilty to a less serious charge. If a plea bargain is made skip ahead to sentencing.

Trial

Twelve jurors and at least one alternate are selected to hear the case Jury Selection Twelve jurors and at least one alternate are selected to hear the case

Prosecution and defense state what they expect to prove to the jury Opening Statements Prosecution and defense state what they expect to prove to the jury

Presentation of the Case Prosecution presents evidence and witnesses to prove its case. Defense presents evidence and witnesses to discredit the prosecution’s case.

Defense and prosecution make final arguments to the jury Closing Statements Defense and prosecution make final arguments to the jury

Jury Deliberation and Verdict Jury considers evidence and makes a decision. If the verdict is not guilty, the defendant is freed.

Sentencing If the verdict is guilty, judge determines (within limits set by law) what the sentence will be

Appeal -If a defendant feels that he or she did not receive a fair trial, he can appeal the decision to a higher court. -The appellate court examines the trial record for errors. -If overturned, the case goes back to the supreme court. -If upheld, the sentence is carried out.