unit 2: history & structure of the american legal system standards: ps-lcrp 2:b-e standards:...
TRANSCRIPT
Unit 2: History & Structure of the American Legal System
Standards: PS-LCRP 2:b-e Standards: PS-LCRP 3:a-g
EQ: What makes the United States court system unique?
Research Assignment
Pros/Cons of indigent defense
ID 2 or more types of indigent defense systems
2 sources – reliable
Sources of Law-Federal Constitution - No higher law
ex post facto laws prohibited–acts must have been criminal at time it was committed
–sentences must not be harsher than at time crime was committed
–rules of evidence must not be more favorable to prosecution than they were at time crime was committed
Sources of Law-FederalDue Process (14th Amendment) laws must not be vague may not vest too much
discretion in policeEqual Protection (14th
Amendment for states; 5th Amendment for federal cases)
no laws discriminating on the basis of race, religion, etc.
Sources of Law-Federal(No longer Constitution)United States Code—Enacted by U. S. Congress—Title 18 contains most federal
crimes—applies to crimes occurring on
federal land and also to some interstate crimes
—Civil Rights Act
Sources of Law- StateState constitutions Establishes rules for operation of state
government Contains Bill of Rights
•Majority vote usually required to amend state constitution
Sources of Law- StateState statutes
Enacted by state legislature and signed by governor–Legislature has authority to override veto by
governor Statutes apply statewide Amendment of statute requires vote of
legislators –Simple majority of each house of legislature–Statutes may be added by ballot initiative
Sources of Law- StateLocal Ordinances Enacted by City Council, County
Board, etc–State Constitution establishes local
authority –limited to specified subjects–restricted to enacting misdemeanors
and infractions
Sources of Law- CommonCommon law Law of England at time
colonies settled Heavy reliance on precedent
Legislative StructureFederal Bills stand test of Constitution Only way around constitution
is constitutional amendment
Legislative StructureState Must conform to state &
federal constitutional standards
Georgia is set up like U.S. Congress
Structure of Judicial System
State - Misdemeanor
U.S. Supreme Court
Magistrate/Municipal
Ga. Supreme Court
State Court
Ga. Court of Appeals
Structure of Judicial System
State - Felony
U.S. Supreme Court
Initial Hearing
Ga. Supreme Court
Superior Court
Ga. Court of Appeals
“Dual” Court System
Ga. Supreme Court
Superior/State Court
Ga. Court of Appeals
U.S. Supreme Court
U.S. Court of Appeals
U.S. District Court
Roles of the ParticipantsLaw Enforcement detect crime and enforce laws discretion on how strictly to enforce
laws
Roles of the ParticipantsProsecutor Gatekeeper to judicial process Most powerful player in CJS Reject "weak" cases Select cases to prosecute within limits
of available resources
Roles of the ParticipantsDefendant Innocent until proven guilty Not required to establish own
innocence Privilege not to incriminate self
Roles of the ParticipantsDefense attorney Use all legal means to defend client's
rights Responsible for tactical decisions in
preparing case Defending the “Constitution” in
ensuring all defendants are properly represented
Attorney-Client privledge
Roles of the ParticipantsJudge duty to be neutral discretion to make rulings on
admissibility of evidence maintains decorum in courtroom admonishes jurors on law decides guilt of defendant if jury trial
was waived
Roles of the ParticipantsJudge: Selection Process All judges in Georgia are elected
– Non-partisan – Except Supreme Court
• Appointed
Other states:– Elected – Appointed by same level executive official– Appointed by special committee
Roles of the ParticipantsJudge: Selection Process Federal judges
– Nominated by president• Usually vetted by Justice Department or special
committee
– Confirmed by senate • Usually not contentious
Roles of the ParticipantsJudge: Qualifications Attorney
– Passed bar– Good standing
Politically connected
Roles of the ParticipantsJury decide case on the facts introduced at
trial collective conscience of community may ignore law and acquit defendant
Roles of the ParticipantsAppellate Courts review criminal convictions rule on judge's decision to admit
evidence at trial verify jury was given correct
statement of law reverse conviction if trial errors were
prejudicial Interprets the Constitution
Roles of the ParticipantsOther participants Bailiff – officer in court, serves
judge, courtroom decorum Court administrators – oversee
office issues, manegerial,clerical Court reporter – uses Stenotype to
record court activities. Creates official court transcript
Roles of the ParticipantsOther participants Clerk of court – oaths, records &
files motions, collects fees and issues court records
Expert witnesses – education, training and/or experience allows them to testify about their opinion
Roles of the ParticipantsOther participants Witnesses – sometimes hard to
locate, must testify Victims – children may have
special considerations Media – can have impact on trial,
jury selection
Civil v Criminal Trials
Civil Plaintiff Individuals and
organizations No protected rights Tort, breech of
contract, negligence or failure of duty
Both may appeal
Criminal Prosecution State
Con rights Crime
Defendant may appeal
Civil v Criminal Trials
Civil Punishment – prison,
fines, death Standard of Proof:
Beyond reasonable doubt
Burden of Proof: initially on plaintiff, but both have to prove
Criminal Punishment –
punitive damages Standard of Proof:
preponderance of evidence
Burden of Proof: on the state
Lady Justice Woman - Compassion Blindfold - Equality Scales - Fairness/Truth Sword - Power Serpent - injustice/evil