INSTRUCTIONAL GOAL 1

• STUDENT WILL BE ABLE TO DESCRIBE THE STRUCTURE OF THE FEDERAL JUSTICE SYSTEM.

PURPOSES OF GOVERNMENT

• FORM A MORE PERFECT UNION• ESTABLISH JUSTICE

• INSURE DOMESTIC TRANQUILITY• PROVIDE FOR THE COMMON DEFENSE

• PROMOTE THE GENERAL WELFARE• SECURE THE BLESSINGS OF LIBERTY

PURPOSE OF THE JUSTICE SYSTEM• The justice system enforces the standards of conduct

necessary to protect individuals and the community.

• Creates an environment where people can coexist in society.

• Often a last chance for minorities and minority ideas.

• STANDARDS?

BASIS OF OUR FEDERAL COURTSARTICLE 3 - CONSTITUTION

• The Federal Judicial Branch is comprised of the Supreme Court of the United States and lower courts as created by Congress.

• 3 levels(District, Appeals, Supreme)

FEDERAL DISTRICT COURTS

• The 94 U.S. district courts are the trial courts of the United States federal court system. Both civil and criminal cases are filed in district courts.

FEDERAL COURTS OF APPEALS

• The 12 courts of appeals decide appeals from the district courts .

FEDERAL SUPREME COURT

APPELLATE JURISDICTION –MAY UPHOLD, OVERRULE OR MODIFY THE DECISION OF THE LOWER COURT.

This establishes Supreme Court authority over other federal courts.

FEDERAL COURTS

1 SUPREME COURT 9 JUDGES

12 COURTS OF OVER APPEALS 170 JUDGES

94 DISTRICT COURTS- OVER 600 JUDGES

Objectives & Warm Up• STUDENT WILL BE ABLE TO DESCRIBE THE

STRUCTURE OF THE FEDERAL JUSTICE SYSTEM.• SWBAT SUMMARIZE THE EVENTS RELATED TO AND

IMPACT OF A LANDMARK COURT CASE

• What purpose of government does the Federal Justice system attempt to fulfill?

• Which article of the Constitution sets up the Federal Judicial Branch?

• How many levels of courts are there in the Federal Justice system? Name them.

FEDERAL JURISDICTION2 COMMON TESTS

• 1THE SUBJECT OF THE MATTER• IF IT INVOLVES THE INTERPRETATION OF THE CONSTITUTION IT GOES

IMMEDIATELY TO FEDERAL COURT.

• 2 THE PARTIES INVOLVED• A GOVERNMENT AGENCY OR OFFICIAL• OFFICIAL REPRESENTATIVE OF ANOTHER COUNTRY• CITIZEN OF 1 STATE SUES SOMEONE IN ANOTHER STATE

2 MOST COMMON WAYS A CASE CAN GO TO THE SUPREME COURT

• WRIT OF CERTIORARI AN APPEAL OF A LOWER COURT RULING.

• CERTIFCATE THIS IS WHEN A RULING IS REQUESTED BY A LOWER COURT.

SUPREME COURT CASE SELECTION

• THEY HEAR APPROXIMATELY 100 PER YEAR

• In 2009, more than 7,000 cases were sent to the Supreme Court for consideration

• RULE OF 4 ( WHILE IN CONFERENCE )

Rule of 4• The Rule of four is a

Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari (a judicial review).

• This is done specifically to prevent a majority

of the Court from controlling the Court's docket (proceedings).

• STEPS IN A SUPREME COURT TRIAL

• PRE – RULE OF 4

• 1. ORAL ARGUMENTS

• 2. WRITTEN ARGUMENTS

• 3. JUSTICES CONFERENCE

• 4. WRITTEN OPINIONS RELEASED, ( MAJORITY AND DISSENTING )

Objectives & Warm Up• SWBAT identify the factors for the Federal

Justices system’s jurisdiction.

1. What usually has to be the case for a Federal Court to take jurisdiction over a case?

2. How does it get to Supreme Court?3. How many cases on average does the

Supreme Court hear per year?4. What is the Rule of 4?

Warm Up/Objectives• SWBAT identify basic courtroom terms.• SWBAT identify the difference between strict

and loose interpretation of the Constitution.• SWBAT identify the 9 current Supreme Court

Justices and basic info about each.

COURTROOM TERMS• PLAINTIFF

• THE PARTY THAT INITIATES A LAWSUIT.IN A CRIMINAL CASE ( A LAW MUST HAVE BEEN BROKEN).

• DEFENDANT• THE PARTY WHO MUST ANSWER A CLAIM OR CHARGE BY A

PLAINTIFF.• ADVERSARIAL SYSTEM

• THE PROSECUTION AND DEFENSE PRESENT THEIR CASES IN DIRECT OPPOSITION TO ONE ANOTHER, THE TRUTH IS

FOUND THROUGH THIS STRUGGLE.• BURDEN OF PROOF

• BEYOND REASONABLE DOUBT (BURDEN OF PROOF IS ON THE PROSECUTION IN A CRIMINAL CASE)

CLASS ACTION• A lawsuit in which a large group of

people collectively bring a claim to court and/or in which a class of defendants is being sued.

• Examples:• Brown V BOE Topeka, KN• Regents of CA V Bakke

How to Interpret the Constitution?

• Strict Interpretation• Only those rights that are clearly identified

and spelled out are guaranteed

• Loose Interpretation• Anything not prohibited is permitted.

JOHN ROBERTS, CHIEF JUSTICE, APPOINTED BY PRESIDENT GEORGE. W. BUSH IN 2005, GRADUATE OF HARVARD LAW SCHOOL. VERY CONSERVATIVE.

ANTONIN SCALIA, APPOINTED BY PRESIDENT RONALD REAGAN IN 1986, GRADUATE OF HARVARD LAW SCHOOL, VERY CONSERVATIVE.

ANTHONY KENNEDY, APPOINTED BY RONALD REAGAN 1988, EDUCATED AT HARVARD LAW SCHOOL, CENTRIST ( OFTEN CASTS SWING VOTE)

CLARENCE THOMAS, APPOINTED BY GEORGE H. BUSH IN 1991, EDUCATED AT YALE LAW SCHOOL, VERY CONSERVATIVE

RUTH GINSBERG, APPOINTED BY BILL CLINTON IN 1993, EDUCATED AT HARVARD LAW SCHOOL, VERY LIBERAL.

STEVEN BREYER, APPOINTED BY BILL CLINTON IN 1994, EDUCATED AT HARVARD LAW SCHOOL, LIBERAL.

SAMUEL ALITO, APPOINTED BY GEORGE W. BUSH IN 2006, EDUCATED AT YALE LAW SCHOOL, CONSERVATIVE.

SONIA SOTOMAYOR, APPOINTED BY BARACK OBAMA IN 2009, EDUCATED AT YALE LAW SCHOOL, CENTRIST/LIBERAL.

ELENA KAGAN, APPOINTED BY PRESIDENT OBAMA IN 2010, LAW DEGREE FROM HARVARD 1986. CENTRIST/LIBERAL

5/1/14 Warm Up/Objectives1. Would our current Chief Justice tend to use strict or

loose interpretation of the Constitution?2. What about Ruth Ginsberg?3. Why is our court system considered to be

“adversarial”?4. Who has the “burden of proof” in an American

court room?5. What does a “class action” lawsuit imply?

CNN Supreme Court Clips

• Kagen• Sotomayor• Roberts• Record 1 note from each clip

CNN VIDEOS• Kagan’s swearing in

http://www.cnn.com/video/#/video/politics/2010/08/07/vo.kagan.swearing.in.cnn?iref=videosearch

• Sotomayorhttp://www.cnn.com/video/#/video/politics/2009/08/12/sot.sotomayor.wh.cnn?iref=videosearch

• Robertshttp://www.cnn.com/video/#/video/crime/2010/10/20/bts.ny.justice.roberts.wivb?iref=videosearch

Choosing Federal Judges

• Read page 516, and answer questions 1-3.

West Wing Episode

• Supreme Court Justice Appointment

LANDMARK COURT CASE

• A SUPREME COURT RULING THAT SETS A PRECEDENT. CHANGES OR CLARIFIES AN INTERPREATION OF THE CONSTITUTION.

• PLESSY VS FERGUSON• ROE V WADE

• MAPP VS OHIO• MIRANDA VS ARIZONA• GIDEON V WAINRIGHT

DRED SCOTT V SANDFORD (1857)

PLAINTIFFCLAIMED THAT WHILE LIVING IN ‘FREE’ STATES AND TERRITORIES HE HAD BECOME A FREE MAN

DEFENDANTCLAIMED THAT HE DID NOT HAVE THE RIGHT TO SUE AS HE WAS NOT A CITIZEN

THE COURT’S RULING7-2 – THE RIGHT OF PROPERTY, AS IT RELATES TO SLAVERY, IS AFFRIMED IN THE CONSTITUTION. AGREED WITH THE DEFENDANT THAT SCOTT HAD NO RIGHT TO SUE. 5TH AMENDMENT, INDIVIDUAL RIGHTS ( INCLUDING PROPERTY)

PLESSY V. FERGUSON (1896)

PLAINTIFFHOMER PLESSY , 1/8TH BLACK, SUED THAT SEGREGATED TRAINS VIOLATED THE 14TH AMENDMENT,

DEFENDANTJ.H. FERGUSON, A LOWER COURT JUDGE WHO RULED IN FAVOR OF CONTINUING SEGREGATED TRAINS, IN LOUSIANA

THE COURT’S RULING6-1 IN FAVOR OF THE DEFENDANT, SAYING THAT SEPARATE BUT EQUAL IS LEGAL. 14TH AMENDMENT, EQUAL PROTECTION CLAUSE.*VIDEO

BROWN V BOARD OF EDUCATION (1954)

• PLAINTIFFLinda Brown, a 10 year old

girl was not permitted to attend her neighborhood school because she was African American

• DEFENDANTBoard of Education, city of

Topeka, KN argued that separate but equal facilities were constitutional

THE COURTS RULING - 9-0 the Supreme Court voted unanimously for Brown saying that segregation by race in public education is unconstitutional. 14th Amendment – Segregation is a denial of equal protection of the laws. This decision overturned Plessy V Ferguson, 1896.

MAPP V OHIO (1961)

PLAINTIFFDOLLREE MAPP, OBSCENE MATERIAL WAS FOUND WHILE SEARCHING HER HOME WITHOUT A SEARCH WARRANT.

DEFENDANTSTATE OF OHIO, WHICH HAD CONVICTED USING EVIDENCE GAINED WITHOUT A WARRANT.

THE COURT’S RULING6-3, IN FAVOR OF MAPP, FREEING HER BASED IT BEING AN ILLEGAL SEARCH. 4TH AMENDMENT-WARRANT AND 14TH AMENDMENT – DUE PROCESS.*VIDEO

Gideon v Wainwright 1963

PlaintiffClarence Gideon guilty of

B&E appealed on basis that he was unconstitutionally denied counsel during his trial

DefendantWainwright original Judge

who convicted GideonFlorida policy of only

providing appointed counsel in capital cases

The Courts Rulingin Gideon’s favor. Given new trial, and found not guilty with help of a court-appointed attorney. “Gideon Rule”, 6th Amendment’s guarantee of counsel of all poor persons facing a felony charge.

MIRANDA V ARIZONA(1966)

PLAINTIFFERNESTO MIRANDA, CONVICTED OR RAPE AND KIDNAPPING, BASED PARTLY ON A CONFESSION GIVEN BEFORE HIS RIGHTS WERE READ.

DEFENDANTARIZONA, WHICH CONVICTED HIM PARTLY BASED ON THAT CONFESSION.

THE COURT’S RULING5-4, RULED IN MIRANDAS FAVOR, CITING THE RIGHTS OF THE ACCUSED. 5TH,6TH, 14TH AMENDMENTS-RIGHTS MUST BE READ.*VIDEO

Sheppard v Maxwell 1966PlaintiffDr. Samuel Sheppard

appealed his murder conviction, claiming the pretrial publicity made it impossible to get a fair trial

DefendantMaxwell argued for the 1st

Amendment right to freedom of press

The Court Ruling8-1 in favor of Sheppard. Citing that he did not get a fair trial. The court rejected arguments of freedom of press and ordered a new trial. Result = judges have issued “gag” orders limiting pretrial publicity.

Tinker v Des Moines 1969PlaintiffJohn Tinker, sister, and friend

wore black armbands in protest of Vietnam War. Were suspended, argued that suspension and school policy was a violation of their first Amendment rights.

DefendantDes Moines School District

argued that it was a violation of school policy and created s sustainable disruption

The Court Ruling7-2 in favor of Tinker, upholding their first Amendment rights. “Students and teachers do not shed their Constitutional rights to freedom of speech or expression at the schoolhouse gate”.

ROE V WADE (1973)

PLAINTIFFJANE ROE (AKA NORMA L. MCCORVEY) CHALLENGED A TEXAS STATE LAW FORBIDDING ABOARTION

DEFENDANTHENRY WADE, DISTRICT ATTORNEY FOR DALLAS COUNTY

THE COURT’S RULING7-2, RULED IN FAVOR OF JANE ROE. 9TH AMENDMENT – RIGHT TO PRIVACY.*VIDEO

REGENTS OF THE U. OF C. V BAKKE (1978)PLAINTIFF

UNIVERISTY OF CALIFORNIA, WHICH USED QUOTAS TO ACCEPT STUDENTS WITH DIVERSE RACIAL AND ETHNIC BACKGROUNDS COUNTER SUES BAKKE SAYS ITS NECESSARY TO UHOLD 14TH AMENDMENT.

DEFENDANTALLAN BAKKE, A WHITE STUDENT WHO APPLIED TO THE U OF C MEDICAL SCHOOL (HE WAS VERY QUALIFIED). HE BELIEVED THAT HE WAS NOT ACCEPTED BECAUSE OF REVERSE DISCRIMINATION

THE COURT’S RULING5-4, IN FAVOR OF BAKKE BUT DID NOT SPECIFICALLY DECLARE QUOTAS AS UNCONSTITUTIONAL. 14TH AMENDMENT – EQUAL PROTECTION UNDER THE LAW.*VIDEO

TEXAS V JOHNSON (1989)

PLAINTIFFTEXAS, WHICH CONVICTED JOHNSON UNDER A STATE LAW PROHIBITING DESECRATION OF A ‘VENERABLE OBJECT’.

DEFENDANTGREGORY JOHNSON WAS A PROTESTOR WHO BURNED AN AMERICAN FLAG IN TEXAS DURING THE REPUBLICAN CONVENTION.

THE COURT’S RULING5-4, RULED IN JOHNSON’S FAVOR THAT HIS ACTIONS WERE PROTECTED UNDER THE 1ST AMENDMENT. 1.ST AND 14TH AMENDMENT.

Printz v US 1997PlaintiffJay Printz argued that local or

state law enforcement agents should not have to carry out the conditions of the Brady Act, a federal law. Citing the Brady Act as unconstitutional

DefendantThe United States

government argued that when public safety is an issue the federal government has authority

The Court Ruling5-4 in favor of Printz stating that many of the provisions in the Brady Handgun Violence Prevention Act were unconstitutional (10th Amendment). However, many local law enforcement agencies supported the law

Landmark Court Case Project

• Overall Project Directions: To report on the circumstances of a landmark court case, related portions of the Constitution and Amendments, the Supreme Court’s ruling, and its impact on our country and citizens.

Landmark Court Case Project

• Landmark Court Case• Factual• Text• Video (all participate)• Still pictures• Music• Fun• Watch past FHS examples

Objectives/Warm Up 5/3• SWBAT identify important Amendments to the

Judicial process. • SWBAT describe the jury selection process in

our judicial system.

THOMAS JEFFERSON’S QUOTE

• “A bill of rights is what the people are entitled to against every government on earth……..”

BILL OF RIGHTS• 1- FREEDOMS OF SPEECH, RELIGION, PRESS, ASSEMBLY, & PETITION• 2-RIGHT TO BEAR ARMS • 3-FORBIDS QUARTERRING / Privacy Amendment• 4-PROHIBITS UNREASONABLE SEARCH AND SIEZURE• 5-RULES FOR CRIMINAL CASES / PROHIBIT DOUBLE JEAPORDY• 6-RIGHTS OF THE ACCUSED, COUNSEL, CONFRONT A WITNESS, SPEEDY TRIAL, BY JURY ( CRIMINAL CASE )• 7-GUARENTEE A JURY TRIAL ( EXCESSIVE CIVIL CASE ) • 8-PROHIBITS CRUEL AND UNUSUAL PUNISHMENT, PROHIBITS EXCESSIVE BAIL• 9- THE ENUMERATION OF RIGHTS DOES NOT EXCLUDE OTHER RIGHTS• 10-STATES RESERVE POWERS NOT IN THE CONSTITUTION• 13-ABOLITION OF SLAVERY• 14- DUE PROCESS OF LAW, EQUAL PROTECTION UNDER THE LAW / Black Citizenship• 15-PROTECTION OF VOTING RIGHTS FOR ALL CITIZENS

14TH AMENDMENT• ADOPTED IN 1868. 3 MAIN CLAUSES.

• CITIZENSHIP CLAUSE CLARIFIED THAT BLACKS WERE CITIZENS.

• DUE PROCESS CLAUSE PROHIBITS GOVERNMENT FROM DEPRIVING PERSONS OF LIFE,LIBERTY OR PROPERTY UNLESS CERTAIN STEPS ARE FOLLOWED.

• EQUAL PROTECTION CLAUSE ALL PEOPLE PROTECTED, BY THE LAW, EQUALLY.

Bill of RightsV. Fifth Amendment

A. Innocent until proven guilty 1. Rules about trials for serious crimes. 2. Rules against taking life, liberty, and property without

due process of law.3. No double jeopardy4. Private property cannot be taken without just

compensation (Eminent Domain)5. Due process – everyone has the same rights under

law.6. Self Incrimination – Cannot be forced to testify

against self.

• DOUBLE JEOPARDY• Fifth Amendment to the United States

Constitution, "[no person shall] be subject for the same offense to be twice put in jeopardy

of life or limb".

• ACLU• AMERICAN CIVIL LIBERTIES UNION

• Attempts to protect everyone’s rigths

Bill of Rights

VI. Sixth Amendment (Criminal Proceedings) A. Rights of the accusedB. Innocent until proven guilty

1. Speedy trial (90 days from arrest, unless waived) 2. Public trial3. Defense lawyer4. Right to hear charges5. Call witnesses6. Be present when witnesses speak in a court7. Jury of Peers (beyond reasonable doubt)

Bill of Rights

VII.Seventh AmendmentA. Civil Trials (no jail time)

1. When suing for money, or an apology or retraction of some sort only ¾ of jury has to agree and you only have to prove it could have happened.

Runaway Jury - 2nd Amendment

• As passed by the Congress:• A well regulated Militia, being necessary to

the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Runaway JuryWoods V Vicksburg Firearms Co.

Successful stockbroker Jacob Woods is gunned down by a failed day trader.

Widow, Celeste Woods sues Vicksburg Firearms Co. for producing (therefore,

ultimately supplying) the killer with the firearm.

5/9 Objectives/Warm Ups- SWBAT review the purpose of the Bill of

Rights.- SWBAT discuss the purpose/value of the 8th

Amendment.1. What is the purpose of the Bill of Rights?2. What is provided in the 8th Amendment?

Bill of Rights

VIII.Eighth AmendmentA. Punishment must fit the crime

1. Protection against excessive bail and cruel and unusual punishments

QUESTION – SHOULD THE GOVERNMENT HAVE THE RIGHT TO KILL PEOPLE?

8th AMENDMENT

……Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted…….

EVOLVING STANDARDS

• FLOGGING• PUBLIC BEATINGS

• HANGING• FIRING SQUAD• ELECTRIC CHAIR

• LETHAL INJECTION

• The Supreme Court is the final to judge what is accepted.

PURPOSES OF CAPITAL PUNISHMENT

• DETER CRIME

• PROTECT CITIZENS

• PUNISH CRIMINALS

• RELIEF FOR THE SURVIVORS

The Death Penalty Furman v. Georgia (1972), the U.S. Supreme Court

found that the death penalty, which was applied unfairly and on a racially discriminatory basis, violated the Eighth Amendment.

"TheseThese death penalties are cruel and unusual," Justice Stewart wrote in the majority opinion.

The death penalty was reinstated in 1976.

SENTENCED TO DIE• 2 Different Capital Punishment cases

• Steven Oken brutally raped, tortured, and killed three young women in November 1987, was not executed until 2004.`

• Clarence Brandley in 1980, was wrongly convicted of the rape and murder of , a 16 year-old student.

• After lengthy legal proceedings, he was freed in 1990.

Sentencing • MITIGATING CIRCUMSTANCES INFORMATION ABOUT THE DEFENDANT THAT MAY

REDUCE THE DEFENDANT’S DEGREE OF PUNISHMENT FOR THE WRONGFUL ACT.

• AGGRAVATING CIRCUMSTANCES CIRCUMSTANCES THAT INCREASE THE SERIOUSNESS

OF A CRIME, WHICH WILL INCREASE THE WRONGDOER’S PENALTY.

5/11 Warm Up1. What is the difference between a mitigating and

aggravating circumstance?

2. CONSIDER THE 4 STATED PURPOSES OF THE DEATH PENALTY, WHICH IS MOST IMPORTANT TO YOU, EXPLAIN.

3. CONSIDER THE 4 STATED PURPOSES OF THE DEATH PENALTY, WHICH IS LEAST IMPORTANT TO YOU, EXPLAIN.

• DETER CRIME• PROTECT CITIZENS• PUNISH CRIMINALS

• RELIEF FOR THE SURVIVORS

STEVEN OKEN• Steven Oken brutally raped, tortured, and killed three young

women in the first two weeks of November 1987

Do you believe Mr. Oken should be Put to death? What is the benefit For society of putting him to death?

• EXECUTED JULY 17, 2004. "There was never any resistance from Mr. Oken. There were two or three moderate

breaths that I saw come from his chest. Things were very peaceful for Mr. Oken through the entire process, which lasted about seven or eight minutes.” (witness’ comments)

EXONERATIONS BY STATE

• As of October 27, 2010 there have been 138 exonerations in 26 different States.

Cost of the Death Penalty• To house an inmate per year?• $46,000/year to house an inmate • Average cost for lifetime sentence?• 500K-800K average cost for lifetime sentence• Average cost to execute someone on death

row?• 1 million – 3 million average cost to execute

someone on death row

How about the infamous Ted Bundy who killed over 30 (that we know of), spent 14 years on

death row (’75-’89)• $12 Million!!!!

Cost of the Death Penalty

• Why so expensive?• Appeal process costs?• averages $50,000 up to $200,000 for one

appeal• Who is on death row = poor, so who picks up

the tab?• That state’s tax payers!

Exonerations by Race

• Black = 71• White = 53• Latino = 12• Other = 2

Average number of years between being sentenced to death and exoneration: 9.8 years

5/14 Warm Ups1. What is the average cost to house an inmate for

a lifetime sentence?2. What is the average cost to execute an inmate

on Death Row?3. Why are the numbers like this?4. Between 1976 and 2010 approximately how

many people were exonerated from Death Row?5. What is the average amount of time an

exonerated Death Row inmate loses while awaiting execution?

GOALS• 1. Examine the U.S. Constitution as a living document by analyzing its evolution through

amendments and Supreme Court decisions including:• Plessy v. Ferguson;

• Brown v. Board of Education; • Regents of the University of California v. Bakke.

• 2. Explain the considerations and criteria commonly used in determining what limits should be placed on specific rights including:

• Clear and present danger;• Compelling government interest;

• National security;• Libel or slander;

• Public safety;• Equal opportunity.

• 3. Analyze instances in which the rights of individuals were restricted including:• Conscientious objectors in World War I;

• Immigrants during the Red Scare;• Intellectuals and artists during the McCarthy Era;

• African-Americans during the civil rights movement.