Civics & Government
Unit 2
“Your Day in Court is
Coming”
SSCG6
The Student will Demonstrate knowledge
of civil liberties and civil rights.
A
P
P
S
3
Based on
Probable Cause
Issued by an
Impartial Judge
Search
Warrant
Name the Person,
Place, and Item to be
searched for.
Must be a reasonable
Search & Seizure
Bill Of Rights Application
 1. Luke was found
innocent of armed robbery,
but the state decided to
bring him to trial again
anyway.
 2. After being found guilty
of driving while
intoxicated, the court
ordered that Carolyn spend
the next 30 years in
solitary confinement
 3. The citizens of upper
Creek voted to double the
taxes of all Catholics.
 4. In a civil trial where the
dispute was more than
$20, both sides were
denied a jury trial.
 5. For no apparent reason,
the police stopped Rita
while she was driving and
began to search through
her car trunk and personal
luggage.
SSCG 6b
Analyze due process
of law expressed in the
th
Fifth (5 ) and
th
Fourteenth (14 )
Amendments.
SSCG 6c
Explain Selective
Incorporation of
the Bill of Rights.
Process in which the Supreme Court
determines, on a case by case basis,
which amendments states must obey.
 Cleveland Ohio police officers
forcefully entered Mapp’s house
alleging they had a search
warrant.
 Never showed the Search Warrant to
Mapp!
 Seized obscene Items (Pornography)
 Did not produce a Search Warrant as
evidence at trial.
 Mapp was found guilty but appealed
her case to the U.S Supreme Court.
4th Amendment
Rights against
unreasonable
searches & Seizures
The State of Ohio argued that the 4th
Amendment only applied to the Federal
government –NOT THE STATES!
The 14th Amendment requires that states, like Ohio, provide
due process of law before it deprives a person of life, liberty,
or property. The 4th Amendment protection against
unreasonable searches & seizures pertains to the
states. The exclusionary rule should apply to states.
SSCG 6d
Explain how government
seeks to maintain the
balance between
individual liberties and
the Public Interest.
SSCG 6d
Individual
Liberties
Public
Interest
 The U.S. Constitution attempts to protect peoples
rights to Private Property.
 Sometimes the public needs come before
Individual needs.
Public Interest
 he welfare or well-being of the general public;
commonwealth. 2. appeal or relevance to the general
populace: a news story of public interest.“
 Civil Liberties -personal guarantees and freedoms that the
government cannot abridge, either by law or by judicial
interpretation.
Private
Property
Public
Needs
Individual
Right to
Privacy
Public
Safety
SSCG 6e
Explain every citizen’s
right to be treated equally
under the law.
 Homer Plessy arrested for not




sitting in Black section on a train.
Plessy was 1/8th Black and sued
that segregation was violation of
14th Amendment Equality Clause.
Court established “Separate but
Equal” doctrine.
Ruled that it was not
unconstitutional to separate the
races as long as they had equal
services.
Segregation (separation of races)
legal.
Homer Plessy
 Using the Equal Protection clause in the 14th Amendment Decided
that the policy of “Separate but equal” was unconstitutional.
 Overturned Plessy decision!
 Forced States to integrate schools and allow African Americans access
to public schools with white students.
Supreme Court
Circuit Courts of Appeals
District Courts
SSCG 16
The Student will demonstrate knowledge
of the operation of the federal judiciary.
Judicial Branch
Main job is to
Interpret the law
U.S. District Courts
Only federal
court that have
Jury Trials
1 Judge
1 Jury
Original
Jurisdiction
1st to hear case
Supreme Court
Circuit Courts of Appeals
District Courts
Directory of United States district Courts
(11th circuit)
State
District
#Judgeships Location
Alabama
Northern
Middle
Southern
7
3
3
Birmingham
Montgomery
mobile
Florida
Northern
Middle
Southern
4
11
16
Tallahassee
Jacksonville
Miami
Georgia
Northern
Middle
Southern
11
4
3
Atlanta
Macon
Savannah
Northern District of
Georgia:
The Northern District comprises the counties of Banks, Barrow,
Bartow, Carroll, Catoosa, Chattooga, Cherokee, Clayton, Cobb,
Coweta, Dade, Dawson, De Kalb, Douglas, Fannin, Fayette, Floyd,
Forsyth, Fulton, Gilmer, Gordon, Gwinnett, Habersham, Hall,
Haralson, Heard, Henry, Jackson, Lumpkin, Meriwether, Murray,
Newton, Paulding, Pickens, Pike, Polk, Rabun, Rockdale,
Spalding, Stephens, Towns, Troup, Union, Walker, White and
Whitfield.
Court for the Northern District is held in Atlanta, Gainesville,
Rome and Newnan.
Middle District of Georgia:
The Middle District comprises the counties of Baker, Baldwin,
Ben Hill, Berrien, Bibb, Bleckley, Brooks, Butts, Calhoun,
Chattahoochee, Clarke, Clay, Clinch, Colquitt, Cook, Crawford,
Crisp, Decatur, Dooly, Dougherty, Early, Echols, Elbert,
Franklin, Grady, Greene, Hancock, Harris, Hart, Houston,
Irwin, Jasper, Jones, Lamar, Lanier, Lee, Lowndes, Macon,
Madison, Marion, Miller, Mitchell, Monroe, Morgan, Muscogee,
Oconee, Oglethorpe, Peach, Pulaski, Putnam, Quitman,
Randolph, Schley, Seminole, Stewart, Sumter, Talbot, Taylor,
Terrell, Thomas, Tift, Turner, Twiggs, Upson, Walton,
Washington, Webster, Wilcox, Wilkinson and Worth.
Court for the Middle District is held in Macon, Albany,
Columbus, Athens, Thomasville and Valdosta.
Southern District of
Georgia:
The Southern District comprises the counties of Appling, Atkinson,
Bacon, Brantley, Bryan, Bulloch, Burke, Camden, Candler, Charlton,
Chatham, Coffee, Columbia, Dodge, Effingham, Emanuel, Evans,
Glascock, Glynn, Jeff Davis, Jefferson, Jenkins, Johnson, Laurens,
Liberty, Lincoln, Long, McDuffie, McIntosh, Montgomery, Pierce,
Richmond, Screven, Taliaferro, Tattnall, Telfair, Toombs, Treutlen,
Ware, Warren, Wayne, Wheeler and Wilkes.
Court for the Southern District is held in Savannah, Augusta, Dublin,
Waycross, Brunswick and Statesboro.
U.S. Circuit Courts of Appeal
No Jury
Appeals only
Panel of 3 to 5
Judges
Appellate
Jurisdiction
Supreme Court
Circuit Courts
of Appeals
District Courts
Uphold
Circuit Court
Decisions
•Agree with
lower court
•Reverse Trial
Overturn Court
decision
•Send back to
Remand lower Court
for Retrial
U.S. Supreme Court
No Jury
9 Justices
Supreme Court
Mostly
Appellate
Jurisdiction
Limited Original
Jurisdiction
Circuit Courts of Appeals
District Courts
U.S. Supreme Court Original Jurisdiction
1
State v. State
2
State v. U.S.
3
Diplomats other
Nations
SSCG16a
Explain the jurisdiction of the federal courts
and the state courts.
Jurisdiction
The authority a court
has to interpret and
administer the law.
Original Jurisdiction
 Means that a case is
heard for the first
time.
 Jury Trial
 Only District courts
have this
 U.S. Supreme Court
has limited Original
jurisdiction. –No Jury
Types of Criminal Cases Heard in
District Court
Treason
Bank
Robbery
Kidnapping
Mail Fraud
Tax Evasion
Types of Criminal Cases Heard in
Georgia Courts
Speeding
Divorce
Burglary
Robbery
(not Bank)
Assault
SSCG 16b
Describe how the Supreme court decides Cases
Appointment
Supreme Court Justices
are appointed for life by
the President of the
United States.
Session
A session of the U.S.
Supreme Court begins the
st
1 Monday in October
and ends (adjourns) in
late June.
Writ of
Certiorari
Document
asking the
Court to
hear a case.
Rule of 4
4 of the 9 Justices must
agree to review a case for
the case to be accepted for
Supreme Court review.
Review
Under Judicial Review, the
Supreme Court will decide if
the a law or Executive action
is Constitutional or not.
Docket
Once a case has been
selected for review by the
“Rule of 4” it will be put on
the Court calendar or
Docket to be decided.
Brief
Each side of the argument
before the U.S. Supreme
Court must submit to the
Court their written
arguments.
Hearing - Oral Arguments
In an open and public hearing, each
side will have the opportunity to
stand before the court and say out
loud their argument. Each side has 30
minutes to make verbal arguments.
Opinion
After reading and hearing both sides
arguments the justices will retire to
their chambers and meet to discuss
their decision. The decision of the court
is then released in written form
explaining the reasoning used to decide
the case.
Majority Opinion
A simple majority of 5 out of
the 9 decide the case. This
decision is binding law and
the case cannot be appealed
past this point.
Dissenting Opinion
The remaining 4 Justices that
disagreed with the majority opinion
will write why they disagreed.
Sometimes the dissenting opinion has
influenced future Courts to change
their mind and rule differently.
Concurring Opinion
Some of the Justices may agree
with the majority opinion but for
different reasons used by the
other members. Legal reasoning
influences other opinions.
Nothing
New /
Status Quo
Relies on
Precedent
Justice
Uses Logic
to make
decision
Justices use
personal
opinions to
make decision
Decision
establishes a
new rule of
law
New Law
Made
SSCG 16d
Compare the philosophies of judicial activism
and judicial restraint.
 Homer Plessy arrested for not




sitting in Black section on a train.
Plessy was 1/8th Black and sued
that segregation was violation of
14th Amendment Equality Clause.
Court established “Separate but
Equal” doctrine.
Ruled that it was not
unconstitutional to separate the
races as long as they had equal
services.
Segregation (separation of races)
legal.
Homer Plessy
 Decided that the policy of “Separate but equal” was
unconstitutional.
 Overturned Plessy decision!
 Forced States to integrate schools and allow African
Americans access to public schools with white students.
 Do police have to advise
suspects under custodial
arrest of their constitutional
rights?
 Went before the Supreme
Court.
 Majority Opinion was that
anytime a policeman
questions a suspect in
custody must read rights
first.
 Can a state make it illegal
for a woman to have an
abortion?
 Went before the Supreme
Court.
 Majority Opinion was the a
woman has a 4th
Amendment right to
privacy to her own body.
 States cannot pass laws that
make it illegal for women to
have abortions.
SSCG 21
The Student will demonstrate knowledge
of criminal activity.
SSCG 21a
Examine the nature and causes of Crime.
Poverty
Urbanization
Illegal
Drug
Use
Causes of
Crime
Permissive
Society
Illegal
Drug Use
Poverty
Urbanization
Permissive
Society
SSCG 21b
Explain the effects criminal acts have on
their intended victims.
• Broken Bones
• Gunshot
• Loss of bodily
function
(Disability)
• Disfigurement
• Death
•
•
•
•
Medical Bills
Physical Therapy
Mental Health
Loss of or
damage to
property
• Funeral & burial
expenses
• Post Traumatic Stress
Disorder (PTSD)
• Helplessness / Fear
• Terror
• Anger/Rage
Physical
Psychological/
Emotional
Financial
Spiritual
• Turn to beliefs
Crimes
Against
Persons
White
Collar
Crime
Crimes
Against
Property
Victimless
Crimes
Types of
Crime
Organized
Crime
• Rape
•Robbery
•Aggravated Assault
•Homicide (Murder)
• Burglary
•Larceny – Illegal
taking of ones property
•Theft
•Shoplifting
•Criminal damage
to property
•Drug Use
•Gambling
•Prostitution
•Racketeering
•Tax Evasion- Perpetrator attempts to
avoid taxes they owe
•Extortion – Obtaining something,
especially money through force
•Drug Trafficking
•Assassination
•Blackmail
•Counterfeiting- The practice of
manufacturing goods
•Fraud –
crime that involves deceiving
someone for monetary gain.
•EmbezzlementImproperly taking money from someone to whom you
owe some type of duty
•Office Supplies
Felony
Serious crime such as
Kidnapping or
Homicide that result
in prison time.
Misdemeanor
Less serious crimes such as
traffic violations and
disorderly conduct that do
not result in prison time.
Alibi
SelfDefense
Insanity
Entrapment
SSCG 21d
Explain the different types of defenses
used by perpetrators of crime.
If someone can testify
that you were
somewhere else other
than the crime scene.
If the act that was
committed was done
to preserve your life
or the life of another.
If the idea to
commit the crime
originated with the
police.
A defense that an
individual is mentally
unable to control their
conduct or know right
from wrong.
A defense that an
individual is under
coercion or threat of
immediate danger to
life or personal safety.
A defense that an
individual is under 7
years old and
incapable of
committing crime.
Arrest
Preliminary
Hearing
Indictment
Arraignment
Trial
SSCG 22a
Analyze the steps in the criminal
justice process.
Sentencing
•Held no later than 10 days
after the arrest.
•Hearing determines if there
is enough evidence against an
accused person and if the
person should received a trial.
•Hearing is also held for the
Judge to set Bail.
• Accused goes
before a Grand Jury
•Grand Jury determines if there is
enough evidence for the case
to go to trial.
• Grand Jury right established under the
5th Amendment
• If the Grand Jury determines there is
enough evidence it issues
an Indictment.
•The Accused will then go to trial.
• Accused allowed
to enter a plea.
•Accused appears before a Judge and
enters a plea of Guilty or Not Guilty.
•Accused may choose to make a plea
bargain with the prosecutor before
appearing before the Judge in order to
receive a lesser charge
or sentence.
•Accused will either have a bench
trial or a Jury Trial.
• A bench trial is a trial without a
Jury.
• After the evidence has closed and
both sides have rested their case the
verdict will be given by the Jury.
•The Verdict will be either Guilty
or Not Guilty.
• The Accused then has another
hearing set so the Judge can issue
the sentence.
• The Judge decides the
punishment, or Sentence
if the defendant is found Guilty
by the Jury.
• Some sentences are Mandatory
Sentences and the Judge cannot
change them.
• Mandatory Sentences are
required in some states because
some people feel that
criminals are not serving
long enough sentences.
SSCG 22b
Explain the individual’s due process rights.
Conditionally Suspended Sentence
 A judge may unconditionally discharge the
defendant of all obligations and restraints.
 However, the defendant's criminal conviction will
remain part of the public record.
DUI
1 Year
in Jail
1 Year Jail Time
Suspended
but
Can’t
get in
Trouble
Get In Trouble
Serve 1
Year in Jail
Opening Statement
Tell the Jury what the case is about
Evidence (Direct & Cross Examination)
Testimony of Witnesses, Physical Evidence
Closing Argument
Summarize the evidence to the Jury
SSCG 22c
Describe the steps in a criminal
trial or civil suit.
Difference in Civil & Criminal Process
guilty
SSCG 22d
Examine the different types of sentences a
convicted person can receive.
Mandatory
Indeterminate
Concurrent
Sentences
Restitution
Suspended
Sentence
Death
Mandatory
Sentences
Indeterminate
Sentences
Sentences should be
absolute/Unchangeable
Sentences should be
based on potential
rehabilitation, be allowed
for review and possible
modification
Mandatory Sentence
The Judge does not have discretion (a
say-so) in how many years the convicted
defendant must serve. Sentence is
defined by law and cannot be changed.
20 Year
Sentence
•Ordered
20 year
Sentence
•Must Serve All
Indeterminate Sentence
 the prison term imposed after conviction for a
crime which does not state a specific period of
time or release date, but just a range of time, such
as "five-to-ten years".
10 Years
•Maximum Time Served
6-9 Years
•Chance for Early Parole!
5 Years
•Minimum Time Served
Concurrent Sentence
 when a criminal defendant is convicted of two or
more crimes, a judge sentences him/her to a
certain period of time for each crime.
 Judge rules that the sentences may all be served
at the same time, with the longest period
controlling.
Original
Sentence • Begins
3 years • 8/20/11
3 Year
•
Concurring
sentence for 2nd•
offense
Begins
8/20/13
Suspended Sentence
 In criminal cases a trial judge has the ability to
suspend the sentence of a convicted person. The
judge must first pronounce a penalty of a fine or
imprisonment, or both, and then suspend the
implementation of the sentence.
Guilty
1 Year Jail Time
Driving UnderThe
Suspended
Influence
1 year in
Jail
No Time to
Serve
Unconditionally Suspended Sentence
 A judge may unconditionally discharge the
defendant of all obligations and restraints.
 However, the defendant's criminal conviction will
remain part of the public record.
DUI
1 Year
in Jail
1 Year Jail Time
Suspended
Part of Criminal
History
No
Time to
Serve
Public
Record
Conditionally Suspended Sentence
 A judge may unconditionally discharge the
defendant of all obligations and restraints.
 However, the defendant's criminal conviction will
remain part of the public record.
DUI
1 Year
in Jail
1 Year Jail Time
Suspended
but
Can’t
get in
Trouble
Get In Trouble
Serve 1
Year in Jail
Restitution
 The Defendant in an embezzlement case was
sentenced to restitution and had to repay all that
was stolen from the victim.
Death Sentence
 The sentence of execution for murder and some
other capital crimes.