Unit 2: History & Structure of the American Legal System

Standards: PS-LCRP 2:b-e Standards: PS-LCRP 3:a-g

EQ: What makes the United States court system unique?

Research Assignment

Pros/Cons of indigent defense

ID 2 or more types of indigent defense systems

2 sources – reliable

Where do laws come from?

Discussion

Sources of Law-Federal Constitution - No higher law

ex post facto laws prohibited–acts must have been criminal at time it was committed

–sentences must not be harsher than at time crime was committed

–rules of evidence must not be more favorable to prosecution than they were at time crime was committed

Sources of Law-FederalDue Process (14th Amendment) laws must not be vague may not vest too much

discretion in policeEqual Protection (14th

Amendment for states; 5th Amendment for federal cases)

no laws discriminating on the basis of race, religion, etc.

Sources of Law-Federal(No longer Constitution)United States Code—Enacted by U. S. Congress—Title 18 contains most federal

crimes—applies to crimes occurring on

federal land and also to some interstate crimes

—Civil Rights Act

Sources of Law- StateState constitutions Establishes rules for operation of state

government Contains Bill of Rights

•Majority vote usually required to amend state constitution

Sources of Law- StateState statutes

Enacted by state legislature and signed by governor–Legislature has authority to override veto by

governor Statutes apply statewide Amendment of statute requires vote of

legislators –Simple majority of each house of legislature–Statutes may be added by ballot initiative

Sources of Law- StateLocal Ordinances Enacted by City Council, County

Board, etc–State Constitution establishes local

authority –limited to specified subjects–restricted to enacting misdemeanors

and infractions

Sources of Law- CommonCommon law Law of England at time

colonies settled Heavy reliance on precedent

Legislative StructureFederal Bills stand test of Constitution Only way around constitution

is constitutional amendment

Federal Laws Under Construction

Congress Executive Public

Judiciary

Constitutional

Unconstitutional

Legislative StructureState Must conform to state &

federal constitutional standards

Georgia is set up like U.S. Congress

What roles do laws serve in a democratic society?

Discussion

Structure of Judicial System

Federal .

U.S. Supreme Court

U.S. Court of Appeals

U.S. District Court

Structure of Judicial System

State - Misdemeanor

U.S. Supreme Court

Magistrate/Municipal

Ga. Supreme Court

State Court

Ga. Court of Appeals

Structure of Judicial System

State - Felony

U.S. Supreme Court

Initial Hearing

Ga. Supreme Court

Superior Court

Ga. Court of Appeals

“Dual” Court System

Ga. Supreme Court

Superior/State Court

Ga. Court of Appeals

U.S. Supreme Court

U.S. Court of Appeals

U.S. District Court

Authority of CourtsJurisdiction Geographic Subject Matter - Felony/Misd.Venue Federal/State

Roles of the ParticipantsLaw Enforcement detect crime and enforce laws discretion on how strictly to enforce

laws

Roles of the ParticipantsProsecutor Gatekeeper to judicial process Most powerful player in CJS Reject "weak" cases Select cases to prosecute within limits

of available resources

Roles of the ParticipantsDefendant Innocent until proven guilty Not required to establish own

innocence Privilege not to incriminate self

Roles of the ParticipantsDefense attorney Use all legal means to defend client's

rights Responsible for tactical decisions in

preparing case Defending the “Constitution” in

ensuring all defendants are properly represented

Attorney-Client privledge

Indigent Defense

Class Debate

Roles of the ParticipantsJudge duty to be neutral discretion to make rulings on

admissibility of evidence maintains decorum in courtroom admonishes jurors on law decides guilt of defendant if jury trial

was waived

Roles of the ParticipantsJudge: Selection Process All judges in Georgia are elected

– Non-partisan – Except Supreme Court

• Appointed

Other states:– Elected – Appointed by same level executive official– Appointed by special committee

Roles of the ParticipantsJudge: Selection Process Federal judges

– Nominated by president• Usually vetted by Justice Department or special

committee

– Confirmed by senate • Usually not contentious

Roles of the ParticipantsJudge: Qualifications Attorney

– Passed bar– Good standing

Politically connected

Roles of the ParticipantsJury decide case on the facts introduced at

trial collective conscience of community may ignore law and acquit defendant

Roles of the ParticipantsAppellate Courts review criminal convictions rule on judge's decision to admit

evidence at trial verify jury was given correct

statement of law reverse conviction if trial errors were

prejudicial Interprets the Constitution

Roles of the ParticipantsOther participants Bailiff – officer in court, serves

judge, courtroom decorum Court administrators – oversee

office issues, manegerial,clerical Court reporter – uses Stenotype to

record court activities. Creates official court transcript

Roles of the ParticipantsOther participants Clerk of court – oaths, records &

files motions, collects fees and issues court records

Expert witnesses – education, training and/or experience allows them to testify about their opinion

Roles of the ParticipantsOther participants Witnesses – sometimes hard to

locate, must testify Victims – children may have

special considerations Media – can have impact on trial,

jury selection

Civil v Criminal Trials

Civil Plaintiff Individuals and

organizations No protected rights Tort, breech of

contract, negligence or failure of duty

Both may appeal

Criminal Prosecution State

Con rights Crime

Defendant may appeal

Civil v Criminal Trials

Civil Punishment – prison,

fines, death Standard of Proof:

Beyond reasonable doubt

Burden of Proof: initially on plaintiff, but both have to prove

Criminal Punishment –

punitive damages Standard of Proof:

preponderance of evidence

Burden of Proof: on the state

Lady Justice Woman - Compassion Blindfold - Equality Scales - Fairness/Truth Sword - Power Serpent - injustice/evil

Unit 2: History & Structure of the American Legal System

Standards: PS-LCRP 2:b-e Standards: PS-LCRP 3:a-g

EQ: What makes the United States court system unique?