The Judicial Branch
Chapter 11: The Federal Court
System
Organization of Courts
Facts to know about the Supreme
Court
• There are currently 9 justices on the Supreme
Court.
• Associate Justices and the Chief Justice are
appointed by the president and confirmed by
the Senate.
• Justices are appointed for life and can only be
removed by impeachment and conviction of
“treason, bribery, or other high crimes and
misdemeanors.” Article II, section 4
Justices to know
Associate Justice Thurgood
Marshall: 1967-91
Associate Sandra Day O'Connor:
1981-2006
Jurisdiction of the 94 District Courts
• District Courts have original jurisdiction, which
means they here cases 1st
• District Courts are trial courts, where there is
generally a petit jury of 12 citizens deciding if a
defendant is guilty or innocent.
• Before a district court holds a trial, its grand jury
must issue an indictment against a person or
entity to determine if the case should go to trial.
• The order in which cases will be heard in court is
called the docket.
U.S. Courts of Appeals’ jurisdiction
• 12 regional courts of appeal and 1 with
national jurisdiction in D.C.
• These courts only have appellate jurisdiction,
meaning they listen to appeals of decisions of
the district courts.
• Usually a panel of 3 judges decides to uphold
a decision, reverse a decision, or send a case
back to district court to be retried.
Chapter 12
Supreme Court Jurisdiction is both
original and appellate
• The vast majority of cases heard by the
Supreme Court are brought through writ of
certiorari from lower courts.
• Supreme Court has original jurisdiction over
cases involving foreign governments and some
cases where states are involved, set forth by
Article III of the Constitution.
• Marbury v. Madison- established Supreme
Court’s power of Judicial Review
Other important Cases
• Dred Scott v. Sanford- (1857) concluded that nonwhites were not citizens
• Plessy v. Ferguson- (1896) upheld Louisiana law
that required separate train cars for black and
white. Established “separate but equal” doctrine.
• Brown v. Board of Ed.- (1954) overturned
“separate but equal” doctrine and began
integration. Thurgood Marshall argued for the
plaintiff. He became 1st black S.C. Justice.
How the Supreme Court decides to
hear cases
• Judicial Restraint- The court should avoid hearing
cases centered around social and political issues,
leaving policy writing to the other branches.
• Judicial Activism- the court should seek out cases
centered on social and political issues, like civil
rights.
• Stare decisis- “let the decision stand” the
principal of applying a case ruling to future cases
with similar circumstances.
How the Supreme Court decides cases
• 4 of the 9 justices must agree that a case should be
heard.
• Per curiam opinion- the S.C. may decide a case without
hearing arguments, based on information that is
available.
• If the S.C. hears oral arguments, litigants present briefs
to the court, which states their legal arguments,
presents relevant facts, and cites precedents.
• People, interest groups, and gov’t agencies may also
submit briefs called amicus curiae briefs if they believe
they have info relevant to the case.
How the Supreme Court decides cases,
continued
• Oral Arguments- lawyers from each side have 30
minutes to present arguments. Justices often interrupt
to challenge statements or for clarification.
• Closed Conference- Justices meet to discuss and
debate the case in secret.
• Majority Opinion- at least 5 of 9 justices agree to an
outcome of the case and present this unified opinion.
• Concurring Opinion- A justice agrees with the outcome,
but for different reasons.
• Dissenting Opinion- Justices who disagree with a ruling
express their reasons in dissenting opinions.
Criminal Justice Process
Types of Crime
• A. Most crimes committed in the United States
break state laws; each state has its own penal
code, or written laws that spell out crimes and
punishments.
• B. Crimes may be
– petty offenses, minor, like illegal parking (ticket or
citation)
– misdemeanors, more serious crimes like vandalism
(fine or jail sentence less than 1 yr.)
– Felonies, serious criminal acts like murder, robbery, or
kidnapping. (jail for a year or more, death penalty, loss
of civil rights, loss of employment opportunities)
Types of Crime
Steps in Criminal Cases
• A.
The prosecutor, or government lawyer
responsible for bringing a criminal charge, must prove
beyond a reasonable doubt to a judge or jury that the
defendant violated the law.
• B.
Criminal cases begin when police gather enough
evidence to convince a judge to issue an arrest
warrant.
• C.
The arrested person is taken to a police station,
the charges are recorded, and
the suspect may be fingerprinted
and photographed.
Steps in Criminal Cases
• D. The arrested person is brought before a
judge as quickly as possible to be formally
charged with a crime; if the case is a
misdemeanor, the person may plead guilty or
not guilty.
• E. Cases may then go to a grand jury, which
determines whether there is enough evidence
to put the accused person on trial, or to a
preliminary hearing before a judge for the
same purpose.
Steps in Criminal Cases
• F.
At this point, about 90 percent of criminal
cases end in a guilty plea in which the accused
pleads guilty to a lesser crime in return for the
government’s not prosecuting the more serious
original crime (plea bargaining).
• G. After a grand jury indictment or a
preliminary hearing, a judge reads the formal
charge at an arraignment held in an open
courtroom; the defendant may plead not guilty,
not guilty by reason of insanity, guilty, or no
contest.
Steps in Criminal Cases
• H. In felony cases, the defendant may choose
between a jury trial and a bench trial heard by a
judge.
• I.
Jurors listen as witnesses are called and
the evidence is presented.
• J.
In jury trials, the presiding judge instructs
the jury on proper legal procedures and explains
the law. The jury goes to a jury room to review
the evidence and reach a decision. To reach a
guilty verdict, the jury must find the evidence
convincing beyond a reasonable doubt.
Steps in Criminal Cases
• K. If the jury’s verdict is “not guilty,” the
defendant is released immediately. If the jury’s
verdict is “guilty,” the judge usually determines
the sentence.
Checking for Understanding
• 3. Identify Sixth Amendment, Fifth
Amendment.
•The Sixth Amendment guarantees that
defendants should not have to wait a long time
before their trial starts.
•The Fifth Amendment guarantees that
defendants do not have to testify, and refusal to
testify cannot be taken as an admission of guilt.
Different types of defenses used by
defendants
• Self-defense: Includes the Castle Defense- If you are in
your home and threatened, you do not have a duty to
retreat.
• Insanity defense: Most controversial defense because
insanity is so hard to define. Used in less than 1% of
felony cases and is usually unsuccessful.
http://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/faqs.html
• Statute of limitations defense: one must be accused
within a period of time.
• Entrapment defense: One is compelled to commit a
crime that they would otherwise not likely commit.