Reading 1: Two Sides to the Courts
Two Types of Cases
The courts handle two kinds of cases: criminal cases and civil
cases. Criminal cases are where a crime has been committed or a
law has been broken. A civil case is when there is a dispute or
argument between individuals, groups, businesses, or even the
government.
Criminal Cases
Civil Cases
Civil cases are arguments or disagreements, in which someone feels they were wronged. A civil case can
also be called lawsuit or suing. This person is called the plaintiff because they are filing the complaint
with the court. Civil cases include lawsuits, custody battles, and divorces. With the exception of custody
cases, the plaintiff files their complaint in order to receive damages or compensation, which means they
want a judge or jury to award them with money or property. In a civil case, the person that is being “sued”
is called the defendant. Once a judge or jury rules on a civil cases, either the plaintiff or defendant may
appeal their case to a higher court if they feel that the first court did something wrong. In this case, the
judge and jury is deciding who won the argument over the money or property.
In a criminal case, a person is accused of breaking a law or of a crime. Major crimes are called felonies.
Minor crimes are called misdemeanors. In Virginia, felonies are punishable by at least one year in prison.
In a criminal case, the two sides in the courtroom are the defendant and the prosecution. The defendant is
the individual accused of a crime. He or she can hire or be provided defense lawyers to argue for them.
The prosecution is the government team of lawyers trying to send the person to jail. After all evidence has
been presented, a judge or jury will decide if the defendant is guilty or not guilty. If the defendant is found
guilty, he is sentenced for his crime (given his punishment).
Two Court Systems
When Congress enacted the Judiciary Act of 1789, it was, in effect, creating
a dual court system in the United States. A dual court system means there
are two different court systems in the United States set-up next to each
other: the federal court system and the state court system. Each system of
courts hears different types of cases, depending on what law was broken, the
reason for the lawsuit, or the location of the lawsuit or crime.
The Federal Court System includes the national courts that hear cases
involving federal or national laws, the US Constitution, or the US government. The State Court System
includes the state courts that hear cases involving state laws, the state constitution, or the state
government.
Original
Appellate
The US Supreme Court is the court of final appeal (final say) in
both court systems.
Jurisdiction
Jurisdiction
Two Types of Jurisdiction
Inside of each court system, there are different levels of courts. This is very similar to a school. In a
school, a teacher can judge a cheating situation in his or her classroom. If you don’t think the teacher was
fair to you, you can talk to a dean about your situation. If the dean isn’t fair, you can speak to the
Assistant Principal or the Principal. Every time you went up a level because you weren’t happy with the
way you were judged or the decision, you were appealing your case. An appeal is going up to the next
level.
Some courts have original jurisdiction, which means they only hear cases that have never been appealed
and are being heard for the first time. Some courts have appellate jurisdiction, which means they only
hear cases that have been appealed or on appeal.
Reading 2: Criminal Procedure and Due Process
Criminal Procedure
There are two types of crimes: felonies, which are major crimes, and
misdemeanors, which are minor crimes. In Virginia, felonies are punishable by at
least one year in prison.
All criminal cases follow the same procedure. They begin with the arrest of the suspect, usually
with a warrant (an order issued by a judge for someone’s arrest). However, a warrant is not always needed
because all police need is probable cause – a reason to believe that the person is likely to have committed
the crime. Once the person is arrested and processed at the police station, they may wait in jail until their
arraignment, or they may be released on bail (money paid to the court as a promise to return for
arraignment).
Once the person has been officially charged with the crime, they proceed to arraignment. During
the arraignment process, defendants (people charged with a crime) are given an attorney if they cannot
afford their own. This attorney helps the defendant prepare their case. At the arraignment, the defendant
can plead guilty or not guilty to the charge. Guilty would mean that the defendant would admit to
committing the crime and would be sentenced by the judge. If the defendant pleads not guilty, then a
court date is set for the actual trial.
At the trial, both the defense and the prosecution (the side that is trying to send the person to jail) present
their evidence and call witnesses to the stand. After all evidence has been presented, a judge or jury will
decide if the defendant is guilty or not guilty. If the defendant is found guilty, he is sentenced for his
crime (given his punishment). Anyone found guilty of a crime has the ability to appeal their case. This
means that they are asking a higher court to review the first case because the defendant feels that the first
court did something wrong.
Due Process Protections
All citizens accused of crimes
are protected by Due Process. Due
Process protections are the rights of
Fifth Amendment Protections
Fourteenth Amendment Protections
citizens and limits on the government
that stop citizens accused of crimes from being treated unfairly. There are two amendments that protect
citizens’ Due Process protections: the 5th Amendment and 14th Amendment. The 5th Amendment prevents
the national government and national law enforcement (FBI, CIA, Secret Service) from acting unfairly
and gives rights to the accused in National Courts. The 14th Amendment prevents the state and local
governments and law enforcement (police and sheriffs) from acting unfairly and gives rights to the
accused in State Courts. No government is allowed to find an accused person guilty without giving them
with Due Process. Due Process protections include: trial by jury, no cruel and unusual punishment, the
right to a lawyer, the right to not incriminate yourself, being informed of your crime before your trial, the
right to face your accuser, and protection against unreasonable search and seizure.
Even after the fourteenth amendment extended the Fifth Amendment protections to state
governments and law enforcements, the state governments still didn’t have to follow the rest of the Bill of
Rights. Citizens didn’t think it was fair that only the National Government had to respect their rights, so
they sued the state governments. Many of these cases ended up in the Supreme Court, which ruled that the
citizens were correct – the fourteenth amendment extends not just the Fifth Amendment due process
protections, but all of the Bill of Rights protections, to the state governments.