AGENDA Quick review - PowerPoint Presentation

AGENDA Quick review Midterm exam, SCANTRON needed and pencil (Green) Form No. 882-E CHAPTER 7, Lecture on the “COURTS” 1

Chapter 7 2

History and Structure American Court System There are two types of courts Federal Court System State Court System 3

Federal Court The three-tiered structure of Federal Courts (Both Systems have 3 tiers) U.S. district Courts -Federal Courts U.S. Courts of Appeal -Federal CourtsThe U.S. Supreme Court-Federal Courts4 Same as a trial courtThere is also a “Special Court,” they hear tax and trade violations

Federal Court District court- “Hear cases related to violations of federal law”Court of Appeals- “ Appeals, challenges to orders from federal agencies” Supreme Court- “Appeals on cases of constitutional law” 5

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State Court A state judicial structure, most states generally have at least 3 levels (California has 3 levels) Trial Courts Appellate Courts State Supreme Court 7Also known as “Lower Courts”

State Court Trial Courts also known as “Superior Court”Appellate Court- “Hear appeals” Supreme Court- “Hear appeals from the lower courts 8Special Courts- Juvenile, family, traffic

Court Film Clip https://www.youtube.com/watch?v=xnVP4cr9X0U My cousin Vinneyhttps://www.youtube.com/watch?v=nyKJeXDoqnw A few good men 9

History and Structure In the last 200 years, state’s right have gradually waned relative to the power of the federal government, but the duel-court system still exists. State courts do not hear alleged violation of federal law. Violations of federal due-process, i.e. Bill of Rights This can provide a basis for appeals 10

The Development of State CourtsEach of the original American Colonies had its own court system 1629, The Massachusetts Bay Colony created a General Court 11 The General Court was a combined legislature and court that made laws, held trials, and imposed sentences

12 In 1648, the Massachusetts Bay Colony tried and executed an accused witch for the first time. http://historyofmassachusetts.org/history-of-the-massachusetts-bay-colony/  

13 Accused Witch http://historyofmassachusetts.org/mary-warren/

14 By 1776, all of the 13 American colonies had established fully functioning court systems

First Supreme Court The Judiciary Act of 1789 is passed by Congress and signed by President George Washington, establishing the Supreme Court of the United States as a tribunal made up of six justices who were to serve on the court until death or retirement.  15

SUPREME COURT 9 Justices (with 1 Chief Justice) U.S. States Court of Appeals (12 Circuits) U.S. Court of Appeals Federal Circuit U.S. Court of Military Appeals 94 District Courts U.S. States Tax Court U.S. Court of Interna-tional Trade U.S. Claims Court U.S. Court of Veterans Appeal All Armed Forces Military Review 16 Current Structure

Current Chief Justice 17 John Glover Roberts Jr. is the 17th and current Chief Justice of the United States. He took his seat on September 29, 2005, having been nominated by President George W. Bush after the death of Chief Justice William Rehnquist. Age 61 Harvard LawSince the Supreme Court was established in 1789, 17 people have served as chief justice. The first was John Jay (1789–1795).

Current Supreme Court 18

Two current minorities 19 Nominated by President Barack Obama on May 26, 2009, Sonia Sotomayor became the first Latina Supreme Court Justice in U.S. history. Clarence Thomas, 68 years old Appointed by President George H.W. Bush in 1991 Thomas succeeded Thurgood Marshall and is the second black American to serve on the courtYale Law School

Current Supreme Court Justice Roberts was very active in athletics growing up and was captain of the football team. He also participated in choir and played a role in the play You’re a good Man, Charlie Brown. It is reported that Justice Roberts met his wife (an attorney) on a blind date. Justice Alito graduated from Yale Law School and served in the Army for three months. Alito is known to be a big Philadelphia Phillies fan 20

Current Supreme Court Justice Thomas is perhaps one of the quietest Justices in the court room and is known to have a grumpy disposition. It is reported that Justice Thomas likes to travel the country in an RVBorn in 1960, Justice Kagan is the youngest of the current justices. She made history by becoming the first female dean of the Harvard Law School. Justice Kagan is also known to smoke cigars and play poker. 21

Current Supreme Court Born in San Francisco, Justice Breyer attended Lowell High School. In 1967, he married a Joanna Freda Hare who was a member of the British aristocracy. Growing up, Justice Ginsburg was actually a cheerleader. She also played the cello in the orchestra. Justice Ginsburg is known to continue to exercising even into her 80s. 22

Current Supreme Court Justice Sotomayor grew up in a Puerto Rican household. When only eight years old, she found out she had diabetes, which has not stopped her from pursuing goals. When Justice Sotomayor turned 50 years old, she celebrated by learning how to salsa dance. 23

Current Supreme Court A fourth-generation Coloradan, Justice Gorsuch was born in Denver, Colorado, and attended Christ the King, a K-12 Catholic school. In 1985, he graduated from Georgetown Preparatory School, a Jesuit  school in  North Bethesda , Maryland. Brett Michael Kavanaugh was born on February 12, 1965, in Washington D.C. An only child, he was strongly influenced by his parents' professional paths 24

Current Supreme Court Justice Brett Michael Kavanaugh was born on February 12, 1965, in Washington D.C. An only child, he was strongly influenced by his parents' professional paths He attended Georgetown Preparatory School, an elite Jesuit boarding school in Maryland that also counts Supreme Court Justice Gorsuch among its distinguished alumni. Along with writing for the school paper, Kavanaugh played defensive back for the football team and was named captain of the basketball team for his senior year 25

The Development of State Courts Cont’dOriginal Jurisdiction- The lawful authority of a court to hear cases that arise within a specified geographic area or that involve particular kinds of law violations 26

The Development of State Courts Cont’dAppellate Jurisdiction-The lawful authority of a court to review a decision made by a lower court 27

State Court Systems The New York State Field Code of 1848 The first code of  Civil Procedure that established simplified rules for Pleading an action before a court , which was proposed by David Dudley Field in 1848 for the State of New York and enacted by the state legislature. 28

State Trial Courts Trial Courts are where criminal cases begin.Arraignments Set Bail Take Pleas, and Conduct Trials Lower Courts- courts of limited jurisdictions Hear less serious crimes, traffic, family disputes and small claims 29

State Trial Courts High courts, circuit courts, or superior courtsFact-finding framework “Adversarial Process” 30

ADVERSARIAL SYSTEM The adversarial system or  adversary system  is a legal  system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth and pass judgment accordingly 31

State Trial Courts California has 58 trial courts, one in each county. In trial courts, or superior courts, a judge and sometimes a jury hears witnesses' testimony and other evidence and decides cases by applying the relevant law to the relevant facts. The California courts serve nearly 34 million people.  32

State Appellate Courts Also known as the courts of last resortSix Districts in California They are in various cities throughout the state:District 1, San Francisco District 2, Los Angeles District 3, Sacramento District 4, San Diego District 5, Fresno, andDistrict 6, San Jose33History of California State Courts of Appealhttp://www.courts.ca.gov/2958.htm

U.S.Appellate CourtsEach court of appeals consists of six or more judges, depending on the case load. 34

Federal Court System Created by the United States ConstitutionU.S. District CourtsU.S. Court of Appeals U.S. Supreme Court 35

U.S. District Courts This is the same as a trial court in the state level (Superior Court) There are 94 federal judicial districts at least one district in each state. California has 4, U.S. District Courts 2) In Los Angeles, 1) Riverside, 1) Santa Ana 36https://www.cacd.uscourts.gov/locations

U.S. Court of Appeal There are 13 appellate courts that sit below the U.S. Supreme Court 37

How the courts work 38

After the arrest Once a person(2) is arrested, the detectives have 48 hours to file chargesComplete the necessary paper workMeet with the prosecutor File charges Follow up investigation 39 EXPLAIN THE FILING PROCESS

Pretrial Steps After ArrestFirst Appearance- Also known as an arraignment An appearance before a magistrate during which the legality of the defendant’s arrest is initially assessed and the defendant is informed of the charges Bail may be set or pretrial release arranged 40

Bail and Alternatives to Bail Bail, the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court.Own Recognizance (OR)Conditional Release 41 Bail Schedule Eighth Amendment http://www.riverside.courts.ca.gov/bailschedule.pdf

Property Bond The setting of bail in the form of land, houses, stocks, or other tangible property in the event that the defendant absconds before trial, the bond becomes the property of the court. 42 ABSCONDS: to go away or escape from a place secretly The suspect absconded to Canada.Page 224

Cruz Waiver When a defendant accepts a Cruz Waiver he or she in essence is saying they give up their right to withdraw the plea and subject themselves to a harsher sentence. 43 Waivers are also sometimes called “Cruise Waivers”, “Vargas Waivers”, or “Cruz-Vargas Waivers”. Cruz Waivers are often granted to defendants who are preparing to serve long sentences and need to attend to personal matters before the sentence begins. These defendants have already come to a plea agreement with the court but in the event they do not appear for sentencing or violate any of the terms of their temporary release they will be given the maximum time allowable and void the previous plea agreement.Before release, the defendant must be fully advised of, and waive, right to withdraw plea under Penal Code section 1192.7.  (People v. Cruz (1988) 44 Cal.3d 1247; People v. Vargas (1990) 223 Cal.App.3d 1107.)

Grand Jury A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trialAfter hearing the evidence, the Grand Jury votes on the indictment 44

Preliminary Hearing Whether a crime was committedWhether the crime occurred within the territorial jurisdiction of the courtWhether there is reasonable grounds to believe that the defendant committed the crime Defendant is then “Held to Answer” 45 Same as the Grand Jury would do

Preliminary Hearing Cont’d The primary purpose of the preliminary hearing is to give the defendant an opportunity to challenge the legal basis for his or her detention 46

Prop 115 Amended the California Constitution to provide: In order to protect victims and witnesses in criminal cases, hearsay evidence shall be admissible at preliminary hearings, as prescribed by the Legislature or by the people through the initiative process. 47 Hearsay testimony is allowed at the preliminary hearing under certain circumstances. At a preliminary hearing, the judge determines whether there is a reasonable suspicion that the defendant is guilty of a crime. If the DA fails to meet that minimal burden, the case will be dismissed.An investigating officer who has been a sworn peace officer for at least five years, or who has taken a specific class at the academy, can testify at a preliminary hearing about what witnesses told him or her.That rule for preliminary hearings does NOT apply at a trial, due to the Confrontation Clause of the Sixth Amendment.Hearsay-information received from other people that one cannot adequately substantiate the report of another person's words by a witness, usually disallowed as evidence in a court of law.

Plea Bargaining Negotiating an agreement among the defendant, the prosecutor and the court48

Questions? 49 http://www.rinkworks.com/said/courtroom.shtml