The Judicial Branch The Judicial Branch

American Government NotesAmerican Government Notes

Dual Court System Dual Court System

The U.S. has a dual court system, The U.S. has a dual court system, which means that we have federal which means that we have federal and state courts that work side-by-and state courts that work side-by-side side

Federal Courts

State Courts

What is jurisdiction? What is jurisdiction?

Which courts can Which courts can hear what hear what

FederalFederal StateState Supreme Supreme CourtCourt

Cases Cases involving involving federal lawfederal law

Cases Cases involving involving state lawstate law

All cases All cases

Marbury v. Madison Marbury v. Madison

Establishes judicial reviewEstablishes judicial review The Supreme Court can declare acts The Supreme Court can declare acts

of Congress unconstitutional of Congress unconstitutional Makes Supreme Court an Makes Supreme Court an

independent and equal branch of independent and equal branch of government government

How does the Supreme Court How does the Supreme Court decide cases? decide cases?

The Supreme Court has both original The Supreme Court has both original and appellate jurisdiction and appellate jurisdiction BUT BUT most most cases are appeals from lower courts cases are appeals from lower courts

Writ of certiorari Writ of certiorari

The party that lost an appeal in a The party that lost an appeal in a lower court explains why the lower court explains why the Supreme Court should hear the caseSupreme Court should hear the case

4 out of the 9 justices must agree to 4 out of the 9 justices must agree to hear the case. If not, the decision of hear the case. If not, the decision of the lower court stands. the lower court stands.

Decisions of the Supreme Decisions of the Supreme Court Court

Majority opinion – Chief justice (or Majority opinion – Chief justice (or senior justice in the majority) senior justice in the majority) explains ruling explains ruling

Dissenting opinion – explains the Dissenting opinion – explains the argument of the minorityargument of the minority

Concurring opinion – explains any Concurring opinion – explains any differing arguments for the majority differing arguments for the majority opinion opinion

Judicial Activism vs. Judicial Judicial Activism vs. Judicial Restraint Restraint

Judicial Activism Judicial Activism (Liberal)(Liberal)

Judicial Restraint Judicial Restraint (Conservative) (Conservative)

Supreme Court has Supreme Court has the right and duty to the right and duty to use judicial review to use judicial review to overturn bad overturn bad precedents and precedents and promote socially promote socially desirable goalsdesirable goals

Judicial Review Judicial Review should be used should be used sparingly, especially sparingly, especially when dealing with when dealing with controversial issues controversial issues

Types of CrimesTypes of Crimes

MisdemeanorMisdemeanor FelonyFelony

Minor crime, typically Minor crime, typically punished by fine or punished by fine or less than one year in less than one year in prison (petty theft, prison (petty theft, disturbing the peace, disturbing the peace, traffic violations) traffic violations)

Serious crime Serious crime punished by more punished by more than 1 year in prison than 1 year in prison (Grand theft, armed (Grand theft, armed assault, murder) assault, murder)

Grand JuryGrand Jury

A group of citizens who examine the A group of citizens who examine the evidence in a serious criminal case to evidence in a serious criminal case to decide whether a person accused of decide whether a person accused of a crime should be indicteda crime should be indicted

IndictmentIndictment

Formal accusation of criminal Formal accusation of criminal behavior handed down by a grand behavior handed down by a grand jury; means the accused will be jury; means the accused will be brought to trialbrought to trial

ArraignmentArraignment

Where person accused of crime is Where person accused of crime is informed of charges and makes a informed of charges and makes a plea of guilty or not guilty plea of guilty or not guilty

Plea BargainPlea Bargain

Agreement in which the defendant Agreement in which the defendant (accused) pleas guilty for a lesser (accused) pleas guilty for a lesser charge or sentencecharge or sentence

RestitutionRestitution

Offender pays victim for loses, Offender pays victim for loses, damages or injuries resulting from a damages or injuries resulting from a crimecrime

Incarceration Incarceration

Imprisonment for punishement for a Imprisonment for punishement for a crime crime

Due ProcessDue Process

The government cannot treat The government cannot treat criminal suspects unfairly (you must criminal suspects unfairly (you must be told about your charges and have be told about your charges and have right to a trial) right to a trial)

Miranda RightsMiranda Rights

Miranda v. Arizona in 1966 upholds Miranda v. Arizona in 1966 upholds due process and protects your rights due process and protects your rights during an arrest and interrogation during an arrest and interrogation

Process in Criminal Justice Process in Criminal Justice

Arrest Pre-Trial Grand Jury (if a major crime)

Indictment

Crime is committed

Arraignment

Possible Plea Bargain

Jury Selection

Trial

Jury deliberation

Sentencing

Appeals Incarceration (Release after sentence is served or parole)