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Goal Five Notes
Explain how political and legal systems provide a means to balance competing interests and resolve
conflicts.
Bell Work: Circle Maps Goal Five
Objective 5.01: Evaluate the role of debate, consensus, compromise, and negotiation in resolving conflicts.
How do societies reach decisions and resolve conflict?
Consensuso Unanimous or general agreement
Debateo Form of argument by which opposing sides
discuss their ideas Compromise
o A method of reaching an agreement through communication
Objective 5.02: Identify the jurisdiction of state and federal courts.
What are the jurisdictions of the state and federal court?
Originalo Has the authority to hear the case first
Exclusiveo The only court that has the authority to hear
the case Concurrent
o Case may be heard in either state or federal court
Appellateo Case is heard upon appeal
How are Federal Courts structured?
District Courts U.S. Courts of Appeal
U.S. Supreme Court
How are State and Local Courts structured? Magistrate
o Hears small local caseso Traffic tickets, etc.
General Trial Courts Appellate Courts State Supreme Court
Jurisdiction Poster
Bell Work: Pyramid to describe the organization of the federal court system.
Objective 5.03: Describe the adversarial nature of the judicial process.
What is the rule of law? Rule of law states that America is a country
based on laws It is the responsibility of the courts to make sure
that these laws are followed
How does our judicial system practice the rule of law?
Judicial Reviewo Writ of Certiorari filed which directs lower
courts to send the Supreme Court their records
Respect the arguments and opinions of each sideo Majority Opiniono Dissenting Opiniono Concurrent Opinion
Jury System Prosecute misdemeanors (small crimes) and
felonies (serious crimes) Those who lie under oath are accused and
prosecuted for perjury
What are the roles that exist within America’s courts?
Grand Jury Hears evidence and decides if there is enough to
actually bring the accused to trial Prosecutor
o Works for the governmento Is charged with presenting the
evidence against the person charged with the crime
o They bear the “burden of proof”-MUST PROVE GUILTY BEYOND A REASONABLE DOUBT
Defense Attorney
o May be appointed by the government if you can’t afford one
o Usually hired by the person charged with the crime
o Attempts to poke holes in the prosecution’s case
Judgeo Ensures that the defendants rights are not
violated and that proper procedures are followed
Bailiff o Makes sure that the court stays in order
Petit Juryo Listens to the evidenceo Decides guilt or innocence
Who are the adversaries in the courtroom? Prosecutor Defense Attorney
How do they argue their case? Oral arguments Through these arguments, they present their side
of the case and rebut(refute) the other side
Three Little Pigs vs. True Story of the Three Little Pigs: Compare and Contrast…How is this an example of the adversarial system of ?
Three Little Pigs
True Story of the Three Little Pigs
Bell Work: Think of all the crimes that you have heard of. Which do you think is the worst and why?
Human Graph: Jaywalking, Shoplifting, Playing Poker, Murder, Rape, Terrorism, Treason, etc
What is Criminal Law?
o Laws that seek to prevent people from deliberately or recklessly harming each other or each other’s property
o Misdemeanors and felonies
How are trials structured?
PRETRIAL
Step One: ARREST
To arrest someone, the police must have probable cause, or a good reason to believe that a suspect has been involved in a crime
The police may also arrest you if they have a warrant, or a legal paper issued by a court, giving police permission to make an arrest, seizure, or search
During the arrest, police must tell jack his Miranda Warningso What are these?o How were these created
Step Two: THE STATION
After the arrest, the suspect is taken to the police station, and read the charges and reason for arrest
At this time, they may make a phone call They would then be placed in a jail cell
Step Three: THE PRELIMINARY HEARING
On the day of the arrest, or soon after, the suspect appears in court for a preliminary hearing
Here, the prosecutor must show the evidence that a crime has been committed and that there is enough evidence to go ahead with the case
At this point, the judge may dismiss the case if the prosecutor can not show that there is enough evidence that a crime was committed
If the crime could lead to a prison sentence, the defendant has the right to an attorney
If they can not afford one, then one will be provided for themo How was this right achieved?o Gideon v. Wainwright
At the preliminary hearing, the defendant enters a plea of guilty, not guilty or no contest
At the first appearance, the judge may set bail
Step Four: GRAND JURY
The constitution says that a Grand Jury must review cases involving serious federal crimes
It is the job of the grand jury to decide if there is probably cause for believing a defendant has committed a crime
The grand jury may return an indictment-a formal charge against the person, or refuse to indict
A defendant who is indicted must appear in court for an arraignment-or to be formally charged
Step Five: PRETRIAL MOTIONS
Prosecutor and defense attorneys are heard
Defense sometimes tries to keep information out of court
Discovery begins to occur whereby the prosecutor must share evidence with the defendant
Case is placed on a docket(calendar)
Step Six: PLEA BARGAINING
If the defendant knows they have broken the law, and the evidence is strong, he may make a deal
They agree to plea guilty in exchange for a lesser charge or lighter sentence
TRIAL
Step One: JURY SELECTION
Citizens are called to serve on a jury They are questioned by attorneys on both sides
of the case or by the judge This is to determine who will listen carefully to
the evidence and make a decision fairly
Step Two: THE TRIAL
Must be speedy and public Defendant has the right to subpoena/summons
witnesses and question them At the end of the trial, both sides make closing
statements The judge then instructs the jury and they make
a decision
The jury must decide if the defendant is guilty beyond a reasonable doubt
If the jury can not agree, they are hung
Political Cartoon: Criminal Justice
Step Three: SENTENCING
Deciding how the person will be punished The law generally sets a maximum and
minimum sentence for each crime
Step Four: APPEAL
Case may be appealed if defendant feels that their rights have been violated
Provide Background on a Criminal Case. Based on what you know, write an opening and closing statement for the prosecution or defense.
Bell Work: Criminal Law Flow Map: Use notes and Chapter 20-Section Two
The Three Bears
What verdict should we reach and why?
Objective 5.04: Evaluate the role of debate and compromise in the legislative process.
Reviewing the Bill to Law Process
What types of committees are present in the Bill to Law process?
Standing Committeeo Permanent committees in the house or
senateo These are usually the committees where bills
are referred Joint Committee
o Composed of members of both houses of congress to meet about bills which both houses have jurisdiction over
Conference Committeeo Composed of members of both houseso Meet to work out differences in the House
and Senate version of the bill
How does a bill become a law?
Introduced by a member of Congress Spends most time in committee where it may be
changed Must pass both houses in the same form
What practices are in place in the Congress to delay the vote on a law?
Filibuster Talking a bill to death Only happens in the Senate
Cloture Senate votes to end the filibuster
How may the governor or president over-rule a law?
Vetoo Outright overrules the bill
Pocket Vetoo Sets the bill asideo If congress goes out of session in the next
ten days, the bill dies Line Item Veto
o Vetoes certain sections or parts of the bill
What special circumstances exist in the lawmaking process?
Acto Often used to refer to lawso “It will take an act of Congress”
Propositiono Similar to a referendumo The people vote on a proposed law or issue
Ridero A piece of legislation attached to the end of
a bill that has nothing to do with the actual bill
o Congress hopes that the rider will slip through without people really noticing
Bell Work: Why is it important for citizens to know and understand the law?
Objective 5.05: Explain how local government agencies balance interest and resolve conflicts.
How do local governments make sure that citizens are involved in the law making process?
Town meetings
Public hearings/Forumso Citizens can attend hearings to hear about
proposed acts and issues affecting their city or town
o Discussions occur about these acts and issues
o Held to get input from the citizens City Officials
o Responsible for telling citizens about issues that affect the local community
How do local governments and agencies make decisions about how to use their money and land?
Budgeto Best representation of what issues the local
governments feel that should focus ono Why
Extra Territorial Jurisdiction (ETJ)o Allows cities and towns to make decisions
that are about areas outside of their jurisdiction
Zoningo Cities and towns decide how land under
their jurisdiction will be used Infrastructure
o Roads, bridges, water and sewer for towno How are these paid for?
Objective 5.06: Analyze roles of individual citizens, political parties, the media, and other interest groups in public policy decisions, dispute resolution and government action.
What role do individual citizens, political parties, and the media play in the government’s actions?
• Petition
o Started by citizens to voice their opinions on issues
o Often listened to by government officials• Local Initiatives
o Laws that begin with the citizens• Local Referendums
o Laws that begin with the legislative brancho Must be voted on by the citizens
• Bond issueso If local governments take out a bond/loan,
they must have the approval of the voterso Usually taken out for capital (building)
projects• Special interest groups
o Formed around certain issues o Attempt to get governments to pass laws
that are in their favor• Electronic media
o Internet and television are used to spread the word about issues
o This is the way that most people discover what is happening in their community
• Voting
o The ultimate way to voice your opinion on issues!
Vocabulary ListPlaintiffDefendantFelonyMisdemeanorSearch warrantGrand juryPetit juryHung juryConsensusDebateCompromiseExclusive jurisdiction
Magistrate courtProsecutorDefense attorneyBailiffPreliminary hearingArraignmentLine item vetoActPropositionRiderPublic hearingZoning
InfrastructureExtra Territorial JurisdictionSpecial interest groupElectronic media