1. State and Federal Court Systems
Law Related
Chapter 5

2. United States Some European Courts

3. Courts Two parties or sides:
Civil Trial: Plaintiff - the party bringing the legal action
Criminal Trial: Prosecutor - the state or federal government initiates the case
Defendant: the party responding to the plaintiff (civil) or prosecution (criminal)
Once a trial court has made a decision, the losing party may be able to appeal the decision to an appellate, or appeals, court

4. Judges Ensure justice Elected or appointed public official
Responsibilities:
Ruling on most matters of the law
Weighing objections
Deciding the admissibility of evidence
Sentencing offenders
Disciplining disorderly courtroom attendees
Deciding guilt or innocence for bench trials

5. Prosecution Prosecutor
An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses
State has the burden of proof

6. Defendant Generally must be present at their trials
Defendants exercise choice in:
Selecting and retaining counsel
Planning a defense strategy with counsel
What information is provided to counsel
What plea to enter
Whether or not to testify
If convicted, should they appeal

7. Defense Counsel
A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law
Three systems:
Assigned counsel
Public defender
Contractual arrangements
Responsibilities:
Represents the accused
Ensure the defendant’s civil rights are not violated during the criminal justice process
Participates in plea negotiations
Prepares a defense
Calls witnesses

8. Courtroom Participants
Lay witness
Eyewitness, character witness, or other person called on to testify who is not considered an expert
Provides accurate testimony concerning only those things of which he or she has direct knowledge
Are you a good eyewitness?
Watch the scene and see if you notice what is going on around you

10. The State Court System Jurisdiction
The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution

11. Venue Map Venue means place of trial.
Criminal Rule 18 explains how to use the court system's venue map to determine the place where a defendant's trial will be held.
In addition to the presumptive trial sites shown on the venue map, there is also a list of approved additional trial sites in Administrative Bulletin 27. As explained in Criminal Rule 18(e), a defendant may ask the court to transfer the trial to one of those sites if it is:
within the venue district where the crime charged is alleged to have occurred, and
is the trial site nearest to the place where the crime charged is alleged to have occurred.
Judicial district lines are also shown on the venue map.

15. Problem p. 46
B. Do you agree or disagree with the following statement: "It is better that ten guilty persons go free than that one innocent person suffer conviction." Explain your answer.
C. . In a criminal case, should a lawyer defend a client he or she knows is guilty? Would you defend someone you knew was guilty? Explain.

16. The Sixth Amendment to the U. S
The Sixth Amendment to the U.S. Constitution guarantees the right to trial by jury in criminal cases. This right applies in both federal and state courts.
The Seventh Amendment guarantees a right to trial by jury in civil cases in federal courts. This right has not been extended to state courts, but many state constitutions provide a right to jury trial in civil cases.

17. Jury service
Employers are required to let their employees take time off for jury service.
Most courts pay jurors a small daily stipend, and some courts also provide a transportation fee.
Some employers pay their employees during their jury service, but they are not required to do so.
Voir dire: from the French phrase meaning “to speak the truth.” It is the screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible

18. After questioning each juror, the opposing attorneys may request the removal of any juror who appears incapable of rendering a fair and impartial verdict. This is called removal for cause.
In addition, each attorney is allowed a limited number of peremptory challenges. This means the attorneys can have prospective jurors removed without stating a cause.
Juries range in size from 6 to 12 persons, although all federal criminal cases require 12-person juries. In the federal system and most state systems, conviction in a criminal case requires a unanimous verdict. (Not Oregon or Louisiana)

19.
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20. Plea Bargaining
In a criminal case, the negotiations between the prosecutor, defendant, and defendant’s attorney.
In exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a lesser punishment
Pretrial agreement between the prosecutor and the defendant and his or her lawyer, disposes of the case without a trial.

21. Appeals Courts

22. COURTVIEW PUBLIC ACCESS WEBSITE ALASKA COURT SYSTEM
Always Verify Identity:  The court system cautions employers, credit agencies, and others to verify identity before taking any adverse action against a person whose name appears in this database.   Additional identifying information may be available in the case file.
Criminal Cases:  Do not assume that a defendant was convicted just because a criminal case was filed.  Always check the disposition of each charge. Do not assume that a defendant was convicted of a felony based on the case type. Always check the final charge in the case shown in the top bar of the charge screen.
Not Published Cases: Some cases are required by statute or court rule to be removed from online public access.  For more details, see the link to the left titled "Cases Removed from CourtView".  These cases remain open to the public and are available at the courthouse. 

23. Federal Court System
p. 52

24. U.S. Federal Court Districts

25. The Federal Court System
U.S. District Courts
Trial courts of the federal court system
Includes bankruptcy court
During 2012, 75,290 criminal cases and
285,260 civil cases were filed in U.S. district courts
Administrative Office of the U.S. Courts, “U.S. District Courts—Criminal Cases Commenced, Terminated, and Pending during the 12-Month Periods Ending March 31, 2011 and 2012,” Mar12.pdf

26. The Federal Court System
U.S. Court of Appeals
Hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies
Usually fall into three categories:
Frivolous
Ritualistic
Nonconsensual

28. Tribal Courts: the Alaska Supreme Court recognizing their existence, and recognizing at least to a limited extent, tribal court jurisdiction even in the absence of Indian country.
Adoption, Child custody, child protection
Domestic Violence
Protection of Elders and Vulnerable Adults
Marriage, Divorce and Annulments
Probate
Alcohol regulations
Military Courts: written by Congress and known as the Uniform Code of Military Justice (UCMJ)
Used during wartime to try enemy combatants.: Nuremberg Trials, Guantanamo Bay

29. U.S. Supreme Court
Greatest authority lies in its capacity for judicial review of lower-court decisions and state and federal statutes
Petition for certiorari: a formal application by a party to have a lower-court decision reviewed by the U.S. Supreme Court, which has discretion to approve or deny any such application
Writ of certiorari: Issued to a lower court when the supreme court agrees to hear a case
There are approximately 7000 requests for cases to be heard each year, and the court will hear about 80