the two court system federal court system & kansas court system *adversarial system of justice...
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The Two Court SystemThe Two Court System
Federal Court SystemFederal Court System&&
Kansas Court SystemKansas Court System
*Adversarial System of Justice in The United States of *Adversarial System of Justice in The United States of AmericaAmerica
Chief Justice Lawson Nuss and officers from the Ft. Leavenworth International Officers Class of 2011
Types of CourtsTypes of CourtsA. Municipal CourtA. Municipal Court
1. Jurisdiction1. Jurisdiction
2. Types of Cases2. Types of Cases
3. Location3. Location
Types of CourtsTypes of CourtsB. District CourtB. District Court
1.Jurisdiction1.Jurisdiction
2. Types of Cases2. Types of Cases
3. Location3. Location
Fourth Judicial DistrictFourth Judicial DistrictA. Magistrate JudgesA. Magistrate Judges
Magistrate Kevin KimballMagistrate Kevin Kimball
B. District JudgesB. District Judges
Douglas WittemanDouglas Witteman
Court of AppealsCourt of AppealsA. JurisdictionA. Jurisdiction
B. Types of CasesB. Types of Cases
C. JudgesC. Judges
Kansas Supreme CourtKansas Supreme CourtA. JurisdictionA. Jurisdiction
B. Types B. Types
C. Location C. Location
Clarence ThomasAntonin Scalia Chief Justice John Roberts
AnthonyKennedy
Ruth Bader-Ginsburg
Stephen Breyer Sam AlitoSonia
SotomayorElena Kagan
US Supreme Court
Federal CourtsFederal CourtsA Constitutional CourtsA Constitutional Courts
1. 1. Federal District Courts District Courts
- KS - KS
Federal CourtsFederal CourtsA Constitutional CourtsA Constitutional Courts
1. 1. Federal District Courts District Courts
- Kansas has 3- Kansas has 3
Federal Courts Federal Courts A Constitutional CourtsA Constitutional Courts
1. 1. Federal District Courts District Courts
a. Types of Juriesa. Types of Juries
- Grand Jury (def.)- Grand Jury (def.)
Indictment (def.)Indictment (def.)
- Petit Jury (def.)- Petit Jury (def.)
b. Jurisdictionb. Jurisdiction
Federal Question??Federal Question??
2. 2. Officers of the of the Court
Federal CourtFederal CourtA Constitutional CourtsA Constitutional Courts
3. Federal Court of Appeals- Est. 18913. Federal Court of Appeals- Est. 1891
a. Decisiona. Decision
1.) uphold the decision1.) uphold the decision
2.) reverse the decision2.) reverse the decision
3.) send case back to be 3.) send case back to be retriedretried
I. What are the written I. What are the written sources of American sources of American
criminal law?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 II. Why do societies need laws?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 III. What is the difference between civil and criminal law?between civil and criminal law?
Civil v. Criminal LawCivil v. Criminal Law
1. Civil Law (def.)1. Civil Law (def.)
-Liability (def.)-Liability (def.)
- Preponderance of the Evidence(def.)- Preponderance of the Evidence(def.)
2. Criminal Law (def.)2. Criminal Law (def.)
- Beyond a Reasonable Doubt (def.)- Beyond a Reasonable Doubt (def.)
IV. What are the different categories of crime?IV. What are the different categories of crime?
-Infractions (def.) -Misdemeanors (def.)-Infractions (def.) -Misdemeanors (def.)
-Felony (def.)-Felony (def.)
VII. How do criminal VII. How do criminal procedures protect our procedures protect our constitutional rights?constitutional rights?Due Process of LawDue Process of Law
(5(5thth Amendment – Fed. /14 Amendment – Fed. /14thth Amendment – Amendment – State)State)
Substantive Due ProcessSubstantive Due Process
Procedural Due ProcessProcedural Due Process
Adversary SystemAdversary System
Presumption of InnocencePresumption of Innocence
Criminal LawCriminal LawBill of RightsBill of Rights
- 4- 4thth Amendment Amendment
-5-5thth Amendment Amendment
Criminal LawCriminal LawBill of RightsBill of Rights
- 6- 6thth Amendment Amendment
- 8- 8thth Amendment Amendment
Basic Steps in a Criminal ProcedureBasic Steps in a Criminal Procedure
InvestigationInvestigation
ArrestArrest
Booked into Jail/Bond Out/BailBooked into Jail/Bond Out/Bail
Initial AppearanceInitial Appearance
Preliminary HearingPreliminary Hearing
ArraignmentArraignment
Criminal ProcedureCriminal Procedure
Trial/Plea BargainTrial/Plea Bargain
ConvictionConviction
Pre-sentencing InvestigationPre-sentencing Investigation
SentenceSentence
Options: Jail TimeOptions: Jail Time
ProbationProbation
FinesFines
TreatmentTreatment
VocabularyVocabularyBarron’s Law Dictionary 4Barron’s Law Dictionary 4thth
Ed. 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 ProcedureCriminal 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
DiversionInitial Appearance
Preliminary Hearing
Bind Over, Grand Jury (usually at st.)
Prepared for Arraignment
Not Bound Over, No Indictment
Arraignment
Case Preparation
Pretrial Motions
ArraignmentCase PreparationPretrial 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
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