American Government Judicial Branch PPT:C. Mills - Government Class11/9/10Alexander High School

Observation: Student Teacher/Observer James (Jay) W. Davis III UWG Student

Judiciary and Courts1st Amendment FreedomsDue ProcessBill of RightsCriminal JusticeCrime

Judicial Branch and Criminal Justice

Unit 2- EQ: Why is a powerful Judiciary important to a democratic nation?

Standards 4; 6; 16a,c,d; 21, 22

Vocabulary: Jurisdiction – Original, Appellate, ConcurrentWrit : Certiorari, Attainder, Habeas CorpusCertificateOpinion – Majority, Dissenting, ConcurringRule of 4Felony, Misdemeanor, Capital crimeJuryIndictmentArraignment

Plea BargainProsecutionDefensePlaintiffDefendantWitnessSubpoenaBailCharge

Structure and Jurisdictionhttp://www.pbs.org/wnet/supremecourt

Power, Checks and Balances

Judicial Review The precedent of law by Marbury v. Madison. The Court can review and overturn the validity of a law passed by Congress and approved by the Executive branch, thus granting the Judiciary equal power in government. This Power makes the Courts a co-equal branch of government.

Judicial Activism The charge that judges are going beyond their appropriate powers and engaging in making law and not merely interpreting it.

Judicial Restraint The theory of judicial behavior that advocates basing decisions on grounds that have been previously defined by judicial precedent rather than on the basis of achieving some public good, which is viewed as the proper role of the legislature

1st Amendment Freedoms Congress shall make no law respecting an establishment of religion, or prohibiting

the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Religion prohibits government from establishing a religion and protects each person's right to practice (or not practice) any faith without government interference.

Free speech people have the right to speak freely without government interference.

Free press the press has the right to publish news, information and opinions without government interference.

Assembly people have the right to gather in public to march, protest, demonstrate, carry signs and otherwise express their views in a nonviolent way. It also means people can join and associate with groups and organizations without interference.

Petition people have the right to appeal to government in favor of or against policies that affect them or that they feel strongly about. This freedom includes the right to gather signatures in support of a cause and to lobby legislative bodies for or against legislation.

Due Process Right

Citizen's right to justice: the entitlement of a citizen to proper legal procedures and natural justice

2 important principles: Protected against the government Not directly applicable to states

5th Amendment -Procedural - concerned with process by which legal proceedings are conducted

Substantive - concerned with the content of particular laws that are applied during legal proceedings

14th Amendment – Three rights illuminated:

1. The right to due process 2. The right to equal protection 3. The right to the privileges and immunities

of national citizenship.

Bill of Rights

Speedy and Public TrialFreedom of SpeechProtection against cruel and unusual punishmentBailNo quartering of troopsProtection against unreasonable search and seizuresGuarantees rights not specifically statedFreedom of AssemblyDue ProcessPowers not delegated to the federal government are reserved to the States or to the peopleBear ArmsProtection against self-incriminationCall witnesses on own behalfFreedom of ReligionCounselFreedom of PetitionGrand Jury ReviewBe informed of Charges against youFreedom of the PressProtection against Double JeopardySue for damages in a Civil courtEminent Domain

First Amendment Second Amendment

Third Amendment

Fourth Amendment Fifth Amendment

Sixth AmendmentSeventh Amendment

Eighth Amendment

Ninth Amendment Tenth Amendment

Crime An act that violates a political or moral rule. Thus, a

crime is any culpable action or omission prohibited by law and punished by the state

Nature

Causes

Effects

Types

Criminal act v. Civil wrong

Criminal Justice ProcessThe major steps in processing a criminal case are as follows: Investigation of a crime Arrest of a suspect by the police. Prosecution of a criminal defendant by a district attorney. Indictment by a grand jury Arraignment by a judge Pretrial detention and/or bail Plea bargaining between defense attorney and the

prosecutor. Trial/adjudication of guilt by a judge or jury, with a

prosecutor and a defense attorney participating. Sentencing by a judge Appeals filed by attorneys in appellate courts and then

ruled on by appellate judges. Punishment and/or rehabilitation administered by local,

state, or federal correctional authorities

Judicial Branch of Our American Government

Judiciary – Federal and State Courts

1st Amendment Freedoms – Big 5

Due Process – Procedural, Substantive

Bill of Rights – 10 that keep us free

Criminal Justice – Process and Courts

Crime – Types and Penalties