The Two Court System Federal Court System & Kansas Court System *Adversarial System of Justice in The United States of America

Chief Justice Lawson Nuss and officers from the Ft. Leavenworth International Officers Class of 2011

Types of Courts A. Municipal Court 1. Jurisdiction 2. Types of Cases 3. Location

Types of Courts B. District Court 1.Jurisdiction 2. Types of Cases 3. Location

Fourth Judicial District A. Magistrate Judges Magistrate Kevin Kimball B. District Judges Douglas Witteman

Court of Appeals A. Jurisdiction B. Types of Cases C. Judges

Kansas Supreme Court A. Jurisdiction B. Types C. Location

Supreme Court

US Supreme Court

Clarence ThomasAntonin Scalia Chief Justice John Roberts Anthony Kennedy Ruth Bader-Ginsburg Stephen Breyer Sam Alito Sonia Sotomayor Elena Kagan US Supreme Court

US Law.com Elena Kagan

Federal Courts A Constitutional Courts 1. Federal District Courts Federal - KS

Federal Courts A Constitutional Courts 1. Federal District Courts Federal - Kansas has 3

Federal Courts A Constitutional Courts 1. Federal District Courts Federal a. Types of Juries - Grand Jury (def.) Indictment (def.) - Petit Jury (def.) b. Jurisdiction Federal Question?? 2. Officers of the Court OfficersCourtOfficersCourt

Federal Court A Constitutional Courts 3. Federal Court of Appeals- Est a. Decision 1.) uphold the decision 2.) reverse the decision 3.) send case back to be retried

I. What are the written sources of American criminal law? Constitutional Law Statutory Law -federal statute -state statute -city/county ordinances Administrative Law Common Law (Case Law) Precedent (def.)

II. Why do societies need laws? On Your Own Notes – O.Y.O Protect and Punish: The Legal Function of the Law (p. 51) - Maintain and Teach: The Social Functions of the Law (p.51) -

III. What is the difference between civil and criminal law? Civil v. Criminal Law 1. Civil Law (def.) -Liability (def.) - Preponderance of the Evidence(def.) 2. Criminal Law (def.) - Beyond a Reasonable Doubt (def.) IV. What are the different categories of crime? -Infractions (def.) -Misdemeanors (def.) -Felony (def.)

VII. How do criminal procedures protect our constitutional rights? Due Process of Law (5 th Amendment – Fed. /14 th Amendment – State) Substantive Due Process Procedural Due Process Adversary System Presumption of Innocence

Criminal Law Bill of Rights - 4 th Amendment -5 th Amendment

Criminal Law Bill of Rights - 6 th Amendment - 8 th Amendment

Basic Steps in a Criminal Procedure InvestigationArrest Booked into Jail/Bond Out/Bail Initial Appearance Preliminary Hearing Arraignment

Criminal Procedure Trial/Plea Bargain Conviction Pre-sentencing Investigation Sentence Options: Jail Time ProbationFinesTreatment

Vocabulary Barron’s Law Dictionary 4 th Ed. Guilty- requires that the evidence indicate beyond a reasonable doubt … that the defendant committed the crime. Not Guilty – not guilty does not mean the jury found the accused innocent, but simple that the state failed to prove its case beyond a reasonable doubt. Acquit – at the close of the trial, either a jury or court determines that the person has been absolved of the charges which were the bases of the actions – a verdict of “not guilty” acquits the defendant and prevents his retrial under the principle s of double jeopardy.

Criminal Procedure -Crime Occurs -Citizen Calls Police -Police Officer Dispatched -Preliminary Investigation Crime Report Prepared Investigation by detective division or patrol officer No Arrest No Charges Arrest Booked into Jail Charges Brought Diversion Initial Appearance Preliminary Hearing Bind Over, Grand Jury (usually at st.) Prepared for Arraignment Not Bound Over, No Indictment Arraignment Case Preparation Pretrial Motions

Arraignment Case Preparation Pretrial Motions Guilty Plea Jury Selection & Trial Bench Trial Dismissal/ Acquittal Conviction Presentence Investigation Sentencing (PSI) Incarceration -Comm. Corrections -Jail -Prison (Parole) Supervised Probation Home Confinement “Other Options” Fines, Restitution, Suspended Sent., Condi. Treatment, Unsupervised Probation Exit