The Judicial
Branch
Unit 8 Part 1
The Judicial Branch
The Judicial Branch
I.
Purpose of Courts
A. Resolve legal disputes by applying the law
to individual situations
1. Criminal law: the people vs. an
individual
2. Civil law: an individual vs. an individual
***Please note that a legal individual does NOT
have to be a human being. A legal individual
can be an individual, a business, a
corporation, a government agency.***
B. Major players
1. Criminal law
a. Prosecutor—represents the people
b. Defendant—individual accused of breaking law
2. Civil law
a. Plaintiff—individual who was wronged
b. Defendant—individual accused of wrongdoing
3. Judge
a. Applies the law
b. Instructs the jury
c. Keeps proceedings fair and neutral
d. May decide case if no jury
4. Jury
a. Decides facts of case
b. Determines innocence or guilt
C. Precedent
A ruling that sets guidelines for future similar cases
D. Jurisdiction
1. Define: a court’s right to hear a case
2. Original jurisdiction (aka: trial court)
a. First time a case is heard
b. Establishes facts of case/determines
innocence or guilt
3. Appellate jurisdiction
a. Higher court that reviews trial court decisions
b. Does NOT retry the case; only determines if
1. Original proceedings were fair
2. Law was correctly applied
E. State courts
1. Deal with state laws
2. Three levels
a. Trial courts
b. Appellate courts (aka courts of appeal)
c. State supreme court (aka court of final appeal)
3. Cases may be appealed to the United States
Supreme Court if a federal or constitutional issue
is involved
F. Federal Courts
1. Original jurisdiction over federal issues
a. Federal laws
b. Constitutional issues
c. Resident of one state v. resident of
another state
d. Treaties
e. Maritime issues
f. Foreign govt. is involved
g. US govt. is involved
2. Three levels
a. Trial court (aka District Court)
b. Appellate court (aka Court of Appeals)
c. Supreme Court (aka Court of Final
Appeal)
II. The Federal Court System
A. The Judiciary Act of 1789
Established the federal court system by
dividing the country into federal judicial
districts, creating district courts and courts of
appeals
B. District Courts
1. 94 across the country and US territories
a. 89 throughout the states according to
population distribution
b. 1 each in
1. D.C.
2. Puerto Rico
3. Guam
4. US Virgin Islands
5. Mariana Islands
2. Original jurisdiction over federal cases
3. Territory District Courts also have
original jurisdiction over local cases
C. Courts of Appeals (aka Circuit Courts)
1. 13 across country
a. 12 hear appeals from district courts
b. 1 hears appeals from
1. Special courts like claims court,
tax court, etc
2. Federal agencies like Office of
Patents and Trademarks, Civil
Service Commission, etc
D. Federal Judges
1. Appointed by president
a. Advisors recommend candidates
b. Professional background
c. Political/social views
d. Collegiate career
2. Confirmed by Senate
a. Judiciary committee
b. holds hearings
 Professional background
 Political/social views
 Simple majority vote
3. Life terms… unless…
a. Death
b. Resignation/retirement
c. Impeachment
4. Balance rights of individual vs. common
good
Tomorrow:
THE SUPREME COURT!!!
9
At
Age
Appointed
In
Appointed
By
John G. Roberts
(Chief Justice)
2005
G. W.
Bush
Elena Kagan
2010
Obama
Samuel A. Alito,
Jr.
2006
G. W.
Bush
55
Antonin Scalia
1986
Reagan
50
Anthony Kennedy
1988
Reagan
52
Sonia Sotomayor
2009
Obama
55
Clarence Thomas
1991
Bush
43
Ruth Bader
Ginsburg
1993
Clinton
60
Stephen Breyer
1994
Clinton
56
Justice
50
Current (2010) salary for the Chief Justice is $223,500 per
year, while the Associate Justices each make $213,900.
Antonin Scalia
John Roberts
Elena Kagan
Anthony Kennedy
Clarence
Thomas
Samuel Alito
Sonia
Sotomayor
Stephen Breyer
Ruth Bader Ginsburg
16
III. United States Supreme Court
A. Judicial Review
1. Define: Power to overturn any Act
of Congress or executive action the
Court deems unconstitutional
2. Is it in the Constitution?
Not specifically stated; however, the
Constitution says the Court shall
“interpret the law”
3. Established by Marbury v. Madison (1803)
a. Facts of the case:
Marbury appointed to federal judgeship by
outgoing Pres. John Adams.
New Pres. Thomas Jefferson tells Secretary
State Madison NOT to deliver letter of
appointment (Marbury can’t take his new job)
Marbury sued in United States Supreme
Court citing right to do so in Fed Jud Act of
1789
b. Justices considered both facts of case and
law in question
c. United States Supreme Court issued opinion:
Marbury was legally appointed as federal
judge and Sec State Madison should deliver
letter BUT the part of the Fed Jud Act of 1789
that said the United States Supreme Court
would hear this type of case is
unconstitutional.
The Constitution lists specific type cases the
United States Supreme Court has original
jurisdiction over. This was not one of them.
SO, because that part of law was
unconstitutional, Marbury shouldn’t have
sued in United States Supreme Court and
United States Supreme Court doesn’t have
authority to make Madison deliver the letter.
d. Precedent set: THE CONSTITUTION IS WHAT
THE SUPREME COURT SAYS IT IS
First time Court interpreted the Constitution to
the extent of declaring part of a law
unconstitutional.
This put the Judicial Branch on equal footing
with Legislative and Executive branches
because the Court has the power to declare
acts of the others unconstitutional.
***The U.S. STILL has arguments over this
issue!! Many people recognize this as
constitutional, but many others say the
Constitution is black and white and NOT
subject to anyone’s interpretation—including
the United States Supreme Court
“Gideon’s Trumpet”
B. Justices.. Review…
1. Appointed by president
a. Advisors recommend candidates
b. Professional background
c. Political/social views
d. Collegiate career
2. Confirmed by Senate
a. Judiciary committee holds hearings
b. Professional background
c. Political/social views
d. Simple majority vote
3. Life terms
a. Death
b. Resignation/retirement
c. Impeachment
4. Why it matters!!
Conservative presidents = conservative justices
Liberal presidents = liberal justices
Justices serve for years
Justices interpret the Constitution; set precedent
Those precedents affect all Americans
C. Supreme Court Justices. . .
1. Calendar
a. Term: first Monday in October – end of June
b. Sittings: 2-wk sessions when Justices hear
cases then retire to decide opinions
2. Selecting cases
a. Original jurisdiction cases—must hear these
1. State govt v state govt
2. Foreign rep a party in a case
b. Appellate jurisdiction cases—choose to hear
1. Must deal with federal or
constitutional issue
2. Must impact a majority of citizens
“Rule of Four”—four of the nine justices
must agree to hear the individual case
out of the 1000s of cases appealed to
them.
3. Case is on the docket (aka a court’s schedule
or calendar)
a. Briefs are submitted—written summary of
each lawyer’s side of the case
b. Justices study lower court proceedings and
briefs
c. Oral arguments
1. Each side gets 30 minutes to argue
2. Justices get to ask questions
4. Deliberations
a. Chief Justice summarizes case and main point
b. Group discussion, each presents views
c. Justices vote—simple majority “wins”
5. Opinions issued
a. Define: written statement explaining ruling
and reasons for reaching that decision
b. Majority opinion: “winning” decision, sets
precedent
c. Concurring opinion: agree with majority
opinion but for different reasons
d. Dissenting opinion (aka minority opinion):
disagree with majority opinion
D. Factors influencing the Court
1. Constitution—fundamental law of US
2. Precedent—are there past similar cases
3. Intent—of the Constitution and law(s)
in question
4. Social values—what is the current view
of most Americans (will of the people)
5. Personal judicial philosophy—to what
extent should justices become involved
in setting policy
JUDICIAL PHILOSOPHY: An ongoing “discussion”
in American politics about the extent to which
justices/judges should involve themselves with
setting policy. Judges don’t make laws so how
does a judge set policy?
JUDICIAL ACTIVISM: the Judicial branch is an
equal partner with the Legislative and Executive
and should be actively involved in interpreting and
applying laws. Strong belief in judicial review.
JUDICIAL RESTRAINT: the Judicial branch should
let the Legislative and Executive branches set
policy and only get involved if that policy is a
flagrant violation of Constitution. Not a strong
belief in judicial review.
*NEITHER VIEW IS LIBERAL OR CONSERVATIVE*
E. Checks on the Court
1. Executive: pres appoints conservative or
liberal justices/judges depending on his beliefs
2. Legislative: Senate confirms appointees
based on its majority’s beliefs
3. Amendment process:
a. How is this a check? United States
Supreme Court makes decisions people REALLY
don’t like. People persuade Congress to
propose a constitutional amendment. If ratified
by the states, it nullifies the United States
Supreme Court decision.
b. Examples
1. Dred Scott (1857) decision:
Slave was property and not free just because
he had lived in a free state. As property, and
not a US citizen, he had no right to sue in
federal court.
14th Amendment (1868) :
Declared former slaves to be US citizens with
all rights of citizenship.
This amendment nullified the Dred Scott
decision.
Important Court
Cases
Dred Scott v Sanford
Plessy v. Fergerson
Brown v. Board of Education
Roe v. Wade
Abortion????
Flag burning????
Gay marriage????
Stem cell research????
*****PLEASE NOTE*****
The president CANNOT propose a
constitutional amendment. WHY??
Types of Crime
Two Levels of Crime
1. Felony
A felony is formally defined
within the United States
justice system as “A serious
crime usually punishable by
imprisonment for more than
one year or by death.”
A felony is a broad term that
encompasses the most serious
or grave crimes a person can
commit. The penalties for a
felony are more severe than the
penalties for a misdemeanor
The following are examples of
crimes that are considered to
be felonies:
Aggravated assault and
battery
Arson
Burglary
Grand theft or robbery
Drug possession or sale
Rape
Murder
Two Levels of Crime
2. Misdemeanor
A misdemeanor is an offense
for which a sentence to a term
of imprisonment not normally
in excess of one year.
A misdemeanor is less serious
than a felony and is punishable
by fine or imprisonment in a
city or county jail rather than in
a prison.
Misdemeanors are tried in the
lower courts, such as municipal,
police or justice courts.
Typical misdemeanors
include:
petty theft
disturbing the peace
simple assault and battery
drunk driving without
injury to others
drunkenness in public
various traffic violations
public nuisances.
Difference between Felony and
Misdemeanor
In many cases, the distinction
between a felony and a
misdemeanor is a matter of
degree. For example
Aggravated assault, or
threatening someone with
serious bodily harm using a
deadly weapon, is a felony.
Simple assault, or a threat that
doesn't involve a weapon, may
be only a misdemeanor.
Stealing a small amount of
money or property is a
misdemeanor,
Possessing only a small
amount of drugs may be
considered a misdemeanor as
well.
Felony Grades
Some jurisdictions also
classify felonies into degrees
or grades of seriousness. For
example, felonies can be
graded on a letter scale
(“Grade A felony”) or on a
degree scale (capital murder,
first degree murder, second
degree murder, etc.).
Why Does the Definition of a
Felony Matter?
The difference in potential
penalties is an important reason
why the definition of a felony is
so important.
However, since aggravated
misdemeanors can carry similar
penalties to some felonies, this
is not the only important
distinction.
There are several other factors
that come into play that make
the “felony” label important.
Misdemeanor
A misdemeanor is an offense
for which a sentence to a term
of imprisonment not in excess
of one year may be imposed. A
misdemeanor is less serious
than a felony and is punishable
by fine or imprisonment in a
city or county jail rather than
in a prison.
Misdemeanors are tried in the
lower courts, such as
municipal, police or justice
courts. Typical misdemeanors
include: petty theft, disturbing
the peace, simple assault and
battery, drunk driving without
injury to others, drunkenness
in public, various traffic
violations, public nuisances.
The District Attorney may have
discretion to charge some
crimes as either a felony or a
misdemeanor, depending on
the circumstances.
Misdemeanor
Misdemeanors may be classified
by level of seriousness. More
serious misdemeanors carry
harsher penalties. The
classification of misdemeanors
varies by jurisdiction and crime.
Typically, when misdemeanors
are classified into categories, a
Class A misdemeanor is more
severely punished than lower
level Class B and even lower level
Class C misdemeanors
In the U.S. misdemeanors are
divided into several classes
according to their severity,
with certain classes punishable
by jail time and others
carrying only a fine.
When a statute does not
specify the class, it is referred
to as an unclassified
misdemeanor.
The classification of
misdemeanors varies by
jurisdiction and crime
Crime Classifications
and Definitions
Personal/Violent Crimes: Part 1 offense
Aggravated assault:
Unlawfully attacking another
person to inflict severe or
aggravated bodily injury,
usually accompanied by the
use of a weapon or by other
means likely to produce death
or grave bodily harm.
Attempted aggravated assault
that involves the use or threat
of use of a gun, knife or other
weapon is included in this
crime category because
serious personal injury likely
would result.
Forcible rape: The “carnal
knowledge of a female forcibly
and against her will.” UCR
(Uniform Crime Reporting)
includes assaults and attempts to
commit rape by force or threat
of force but excludes statutory
rape (without force) and other
sex offenses. UCR collects data
only on the rape of women.
Murder: Killing a human in a
willful and non-negligent
manner.
Robbery: Taking or attempting
to take anything of value from a
person by force or threat of force
or violence.
Property Crimes: Part 1
Offense
Arson: Willfully or
maliciously burning or
attempting to burn, with or
without intent to defraud, a
house, public building, motor
vehicle, aircraft or personal
property.
Larceny-theft: Unlawfully taking
property from another (e.g.,
stealing a bicycle, stealing
automobile parts, shoplifting,
pickpocketing) without force,
violence or fraud. Attempted
larcenies are included.
Burglary: Unlawfully
entering a structure to
commit a felony or theft.
Forcible entry need not have
occurred.
Motor vehicle theft: The theft
or attempted theft of a motor
vehicle.
Part II Offenses
Curfew violation/loitering:
Curfew violation sometime is
classified as a status offense
(one only juveniles can
commit). Loitering involves
spending an excessive amount
of time in a particular location
without being able to justify
one’s presence when
questioned by authorities.
Loitering frequently occurs in
conjunction with curfew
violations.
Disorderly conduct: Acting in a
manner potentially threatening
to oneself or to other people.
Disorderly conduct laws
sometimes overlap with public
drunkenness laws.
Driving under the influence:
Operating a motor vehicle while
under the influence of alcohol
or narcotics. Each state sets an
acceptable blood-alcohol level
for drivers.
Drug law violations: Violating
any local, state or federal drug
law that prohibits the possession
or sale of specific drugs or drug
paraphernalia.
Part II Offenses
Embezzlement:
Misappropriating money or
property by a person entrusted
with it for personal use and
benefit.
Fraud: The intentional
deception by one party in
order to wrongfully obtain
possession or control of
money, goods or specific rights
belonging to an innocent
party.
Gambling: Violating any local,
state or federal law that
prohibits gambling.
Forgery and counterfeiting:
Forgery involves creating or
altering a written document in
such a way that another person’s
rights are compromised.
Counterfeiting occurs when a
person copies or imitates an
item without authorization and
passes off the copy as the
genuine or original thing. While
counterfeiting is most often
associated with money, it also
can be applied to designer
clothing and accessories.
Part II Offenses
Liquor-law violations: Selling
alcohol without a valid
liquor-serving license or
failing to check the
identification of all people
seeking to purchase alcohol
on a premises.
Offenses against the family
(e.g., nonsupport): The
failure of one or both parents
to provide for their children.
Prostitution and related
offenses: Offering to
exchange sexual favors for
money, drugs or other goods
or providing such favors.
Public drunkenness: Being
inebriated in public for an
extended period of time. Bloodalcohol levels are set forth to
govern such violations in each
state. Laws also dictate when and
where people may carry around
alcohol in open containers.
Runaways: States usually classify
running away from home as a
status offense that can be
committed only by juveniles. The
Justice Department’s Amber Alert
program seeks to help
communities start searches for
children when there is any
suspicion they are in danger and
Types of Defense
Some of the common defenses that criminal
defendants can raise to defend against criminal
charges.
I did not do it…
The Presumption of Innocence
All people accused of a crime are legally presumed to be
innocent until they are convicted, either in a trial or as a result
of pleading guilty.
This presumption means not only that the prosecutor must
convince the jury of the defendant's guilt, but also that the
defendant need not say or do anything in his own defense.
A defendant may simply remain silent, not present any
witnesses, and argue that the prosecutor failed to prove his or
her case. If the prosecutor can't convince the jury that the
defendant is guilty, the defendant goes free.
Reasonable Doubt
The prosecutor must convince the judge or jury hearing the case
that the defendant is guilty "beyond a reasonable doubt."
This standard is very hard to meet. As a practical matter, the
high burden of proof in criminal cases means that judges and
jurors are supposed to resolve all doubts about the meaning of
the evidence in favor of the defendant.
With such a high standard imposed on the prosecutor, a
defendant's most common defense is often to argue that there is
in fact reasonable doubt.
The Alibi Defense
An alibi defense consists of evidence that a defendant was
somewhere other than the scene of the crime at the time it was
committed.
For example, assume that Freddie is accused of committing a
burglary on Elm Street at midnight on Friday, September 13.
Freddie's alibi defense might consist of testimony that at the
time of the burglary, Freddie was watching Casablanca at the
Maple Street Cinema.
The Defendant Did It, But...
Sometimes a defendant can avoid punishment even if the
prosecutor shows that that the defendant did, without a doubt,
commit the act in question.
Self-Defense
Self-defense is a defense
commonly asserted by someone
charged with a crime of violence,
such as battery (striking
someone), assault with a deadly
weapon, or murder.
The defendant admits that he or
she did in fact commit the crime,
but claims that it was justified by
the other person's threatening
actions.
The core issues in most
self-defense cases are:
Who was the aggressor?
Was the defendant's
belief that self-defense
was necessary a
reasonable one?
If so, was the force used
by the defendant also
reasonable?
The Insanity Defense
The insanity defense is based on the principle that punishment
is justified only if the defendant is capable of controlling his or
her behavior and understanding that what he or she has done is
wrong.
Because some people suffering from a mental disorder are not
capable of knowing or choosing right from wrong, the insanity
defense prevents them from being criminally punished.
Defendants found not guilty by reason of insanity are not
automatically set free. They are usually confined to a mental
institution until their sanity is established. These defendants
can spend more time in a mental institution than they would
have spent in prison had they been convicted.
Under the Influence
Defendants who commit crimes under the influence of drugs or
alcohol sometimes argue that their mental functioning was so
impaired that they cannot be held accountable for their actions.
Generally, however, voluntary intoxication does not excuse
criminal conduct.
Defendants know (or should know) that alcohol and drugs affect
mental functioning, and thus they should be held legally
responsible if they commit crimes as a result of their voluntary
use.
Entrapment
Entrapment occurs when the government induces a person to
commit a crime and then tries to punish the person for
committing it.
However, if a judge or jury believes that a suspect was
predisposed to commit the crime anyway, the suspect may be
found guilty even if a government agent suggested the crime and
helped the defendant to commit it.
Entrapment defenses are therefore especially difficult for
defendants with prior convictions for the same type of crime.