Download - Standard 9 – The Courts and Justice
Standard 9 –The Courts and Justice
Students can describe the purpose and structure of the court system.
Learning Target 9.1I can make inferences about he purpose of the court system and how cases are brought to trial.
Notebook Item 15 – Ohio Rape Case In your opinion, what is primary purpose of the
court system? (Providing due process to the innocent and guilty, protecting people from dangerous criminals, rehabilitating dangerous criminals, representing the morals of society?)
In a “he said, she said” case such as rape or assault, what type of evidence is most important; witnesses that can provide context or objective physical evidence?
Four Purposes of the Court System Due Process Function Crime Control Function Rehabilitation Function Bureaucratic Function
Four Purposes of the Court System Due Process Function: protect the rights of the
individual against the power of the state. Crime Control Function: protect the public and
deter criminal behavior by punishing criminals for harm done to society.
Rehabilitation Function: dispense treatment to criminals by teaching them to be more productive members of society.
Bureaucratic Function: processing the day-to-day cases that are brought before the court.
Learning Target 9.2I can infer how the dual court system in the U.S. hears different types of cases.
Structure – Dual Court System
Dual Court System
Federal Crimes under federal
law Interstate cases Foreign nationals
State Crimes under state law Private disputes/law
suits Family law Local traffic violations
LT 9.3 - JurisdictionI can differentiate between various types of jurisdiction by identifying why concurrent jurisdiction takes place in a specific scenario.I can explain how jurisdiction is one part of due process.
Definition The authority of a
court to hear and decide cases within an area of the law or a geography territory.
Geographic Jurisdiction Courts have jurisdiction
over specific areas Concurrent Jurisdiction:
two or more courts have the authority to preside over the same criminal case. State vs Federal State vs State
Often determined by which government will give harsher punishment
Trial vs. Appellate Courts Original Jurisdiction:
authority of the court in which the trial originally takes place Hear all evidence Verdict and sentence
Appellate Jurisdiction: authority of the court that hears appeals Overturns or retries cases
based on due process Establishes precedents
Other Jurisdiction Subject Matter
Jurisdiction: occurs in state courts General Jurisdiction:
courts that oversee felonies and major civil cases
Limited Jurisdiction: courts that oversee misdemeanors and civil matters under a specified amount Ex: traffic court,
prostitution
International Jurisdiction: Extradition Treaties:
countries agree to extradite fugitives
D.C. Sniper Shootings D.C. Sniper Video Shootings in:
Alabama Georgia Louisiana Washington Washington D.C. Maryland Virginia
Notebook Item 16- DC Sniper Case Why would Federal courts have
jurisdiction in this case? Why would State courts have
jurisdiction in this case? Predict whether you think this case was
tried in state or federal courts? Why? How does jurisdiction ensure that the
right of due process is fulfilled?
LT 9.4 - JudgesI can determine the important characteristics of a judge based on the roles and responsibilities of a judge.
Types of Judges
State Appellate Judges (appeals) Trial Judges (criminal
cases) Civil Judges (property and
law suits) Family Judges (divorce and
custody, juvenile) Other specialty judges
Federal Appellate Judges General (trial) Judges Supreme Court Justices
How are Judges Chosen? States vary
Election Appointment by
politician Terms may be limited
or life Federal Judges
Appointed by President
Confirmed by Senate Term is for life Elena Kagan
Trial Judges - Before the Trial Issue warrants – probable
cause Search Surveillance Arrest
Review charges and evidence
Determine bail (if applicable)
Pretrial motions Rule on plea bargains
Trial Judges - During the Trial
Referee the defense and prosecution presentations
Explain law to jury Sentencing based on
jury’s verdict
Cases with no Jury
Hear both cases with evidence
Verdict Sentencing Write court
findings
Supreme Court Act it Out
Questions to Ask Background/
Qualifications Political Views Religious Belief
Current Hot Topics Gun Control
Gay Marriage
Marijuana
Abortion Death Penalty
Reflection
What do you think are the most important characteristics of a good judge?
LT 9.5 - ProsecutorsWhat are the roles and responsibilities of Prosecution Attorneys?
Types of Prosecutors Federal: U.S.
Attorneys State: District
Attorney or Prosecutor
Attorney General: chief prosecutor of a state of the nation
Special Prosecutors: focus on one type of crime Eric Holder
Role of Prosecutor May be Elected or
Appointed Law enforcement officer
2nd half of the L.E. system
Work with police Represents the state or
nation Example: People of the
State of California v. Orenthal James Simpson
Prosecutor Responsibilities Whether or not
suspect will be charged
Level of charges Review and
presentation of case (including evidence and witnesses)
When to drop a case or accept plea bargain
DefendersWhat are the roles and responsibilities of Defense Attorneys?
Types of Defenders Public
Appointed when suspect can not afford lawyer
Private Hired by suspects
AKA: Lawyers or Defense Attorneys
Public Defender Fulfills 6th Amendment
right to attorney (Miranda Rights) Eligibility determined by
Judge (based on financial need)
May be employed by jurisdiction or contracted out to private attorneys
Generally less effective than private attorney More cases, less pay
Role of Defense Attorneys
Defend innocent AND guilty
Attorney-Client Privilege Confidential even if
incriminating Exception: crimes that
are in progress or in future
Responsibilities of Defenders Investigate the crime Negotiate plea
bargain Prepare defense case Pretrial motions Negotiate sentence Appeal guilty verdict
Case AttritionHow does prosecutorial discretion affect the criminal justice system?
What is case attrition?
Definition: the failure of arrests to come to trial
Less than half of felony arrest result in conviction
Discretion of prosecutors leads to case attrition
Why do Prosecutors dismiss cases?
Insufficient evidence (physical and witnesses)
Case Prioritization Uncooperative victims (ex:
domestic violence) Unreliable victims (known
criminal) Suspect agrees to testifies
against other criminals Exclusionary rule
Reflection How do prosecutors exercise
discretion? Give at least 2 examples. Based on what we have learned in
class and Hart Megibben’s presentation, what do you think is the most important part of a prosecutor’s job? Explain why.
Would you rather be prosecutor or a defense attorney, why?