Article III

Judicial Branch

Rights of Individuals

• First amendment: Freedom of religion, assembly, petition, press, and speech

• Second amendment: Right to bear arms

• Third amendment: people do not have to “quarter” or house soldiers in their house

Rights of the Accused

• Included in amendments 4-8.– Police must have a search warrant– Can’t be held in jail without an indictment– No double jeopardy– Can’t be executed, fined, or put in prison

without a trial– Due process must be followed

Accused cont’d

– Government has to give fair price if they are taking your property

– Speedy trial– Public trial– Jury trial if a felony– Trial must be in area where the crime took

place

Accused cont’d

– Have to be informed at time of arrest of the charges

– Accused has the right to have witnesses testify

– All witnesses must testify in open court– Right to an attorney– Fair bail– No cruel/unusual punishment

Purpose of courts

• Enforce laws

• Interpret laws

• Protect individual rights

Basic concepts

• Courts must protect the rights of the individual citizen

• You are “innocent until proven guilty” is a major premise of our system

• Basic Idea of U.S. Democracy - Equality under the law for all people is another major premise – is this true???

• Due Process must be followed!

Federal Court System

• District Court – this is the lowest court– One judge– One jury – determines guilt, innocence,

mistrial if jury is hung– Trial court – determines guilt– Court of original jurisdiction

District Court

• Hears any case where a federal law is broken– Tax evasion, mail fraud, counterfeiting,

anything illegal that crosses state lines

• State v state• Person of one state v person of another• Questions on interpretation of the

Constitution

Appeals Court

• 3 judges

• No jury

• Hears appeals – doesn’t determine guilt!

• Reasons for appeal:– Unfair trial– Due process not followed– New evidence has been found

Appeals Court

• Decisions include:– Reversal of the previous decision– Grant a new trial– Refuse – stare decisis – let the decision stand

– Purpose is to protect the rights of citizens!

Supreme court

• 9 judges• No jury• Final appeals• Interpretation of the Constitution

– Judicial review– President’s actions/decisions– Set policy

• Abortion

• Prayer in school

Supreme Court cont’d

• Policies continued:• School desegregation• Affirmative action

Supreme Court Cases

• Plessy v. Ferguson – separate but equal is ok• Brown v. Topeka – overturned Plessy and

desegregated public schools• Marbury v. Madison – established judicial review• McCullough v. Maryland – cannot tax the federal

government• Miranda v. Arizona – have to read you your

rights when arrested

Federal Judges

• How are they chosen?– President nominates – Senate confirms/approves

State Courts

• Municipal Court (City)– Judge is elected– No jury– Hears city violations ie. Disturbing the peace,

urinating in public, grass too long, etc.– Zoning violations– Traffic violations on city streets

Associate Circuit Court

• Judge is elected

• No jury

• Civil cases until $5000

• Preliminary hearings/arraignments

• Mo highway patrol/ Jackson County Sheriff

• Misdemeanors including: assault, vandalism, shoplifting under $2000

Circuit Court

• Judge is elected• Jury decides guilt• Hears felonies including: rape, murder, armed

robbery, assault with a deadly weapon• Civil cases over $5000• Family issues: divorce, child custody• Appeals from municipal and Associate court• State Constitution interpretation

Appeals Court

• 1-5 judges

• No jury – doesn’t decide guilt

• Appeals cases only – appellate jurisdiction

State Supreme Court

• 1-7 judges – Missouri has 7

• No jury

• Hears appeals from lower courts, state constitutionality, and some original jurisdiction

Missouri Plan for Choosing Judges

• Bar association provides a list of possible names to the Governor

• Governor appoints from that list

• People then vote yes or no at the end of his/her term

Legal Steps

• Apprehend (caught)

• Arrest (charges by police)

• Preliminary hearing (probable cause)

• Arraignment (judge decides of enough evidence to charge you)

• Trial (jury)

• Appeal (if found guilty)

Checks and Balances

• Legislative on Judicial:– Senate must approve all judges nominated by

President– Congress can impeach and remove a judge

Checks and Balances

• Executive on Judicial:– President nominates Federal judges– President can grant pardons

• Pardon – nullifies the conviction• Commutation – reduces legal penalties

– Ex: Bush pardoned 189 people who had served their full term. He commuted 11 sentences. (“Scooter” Libby, John Forte, Ignacio Ramos)

– President Obama has pardoned 9 people.

Checks and Balances

• Judicial on Legislative:– Courts can declare a law unconstitutional

Checks and Balances

• Judicial on Executive:– Courts can declare actions of the President

unconstitutional

Definitions

• Bail: property or money given to ensure that a person released from custody will return at an appointed time.

• Appeal: review of a case by a higher court.• Civil Case: case involving a dispute that is not a crime.• Criminal Case: case involving a crime.• Double Jeopardy: being tried twice for the same crime.• Felony: serious crime such as murder or arson• Misdemeanor: misbehavior, less serious crime.• Original Jurisdiction: authority to decide the case first.• Judicial Review: courts rule on constitutionality of law/action• Probation: supervised release, testing period.

Definitions Cont.

• Parole: conditional release of a prisoner prior to end of sentence.

• Capital Punishment: Death Penalty

• Plaintiff: person who brings suit in court

• Defendant: the accused

• Arraignment: evaluation of guilt of fault

• Plea Bargain: arrangements prior to trial

• Change of Venue: moving a trial

• Indict: bringing of formal charges

• Due Process: steps in the judicial process

• Prosecutor: person who conducts legal proceedings