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AGENDA for 10/15/19 AGENDA for 10/15/19

AGENDA for 10/15/19 - PowerPoint Presentation

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AGENDA for 10/15/19 - PPT Presentation

AGENDA for 101519 Current news in Criminal Justice Tuesday 1022 Your Midterm exam SCANTRON needed and pencil Green Form No 882E CHAPTER 7 Lecture on the COURTS 1 Current News 2 ID: 768440

courts court justice state court courts state justice federal trial supreme www district california https preliminary appeals defendant law

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AGENDA for 10/15/19 Current news in Criminal Justice Tuesday, 10/22- Your Midterm exam, SCANTRON needed and pencil (Green) Form No. 882-E CHAPTER 7, Lecture on the “COURTS” 1

Current News 2

Reminders Due Thursday, 11/14/19, Week 12, either of these assignmentsPolice Ride alongCourt appearanceWritten vehicle related homicides paper Instructions on my webpage 3

Chapter 7 4 Riverside Historical Courthouse https://www.riverside.courts.ca.gov/bldgs/historic.shtml

Oldest Courthouse in CaliforniaThe Mariposa County Courthouse in Mariposa, California  was built in 1854, making it the  oldest courthouse  in the state of  California . Location: Mariposa County, California Built:  1854 5

Mariposa County Courthouse 6

Mariposa County Courthouse The Mariposa County Courthouse is the oldest courthouse in California and the oldest one west of the Rocky Mountains that is still being used. Since 1851, when Mariposa was a vibrant trading center for miners, the courthouse was the place where landmark mining laws were tried, and consequently, set legal precedent for federal mining law 7

History and Structure American Court System There are two types of courts Federal Court System State Court System 8

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 Courts The U.S. Supreme Court -Federal Courts 9 Same as a trial court There 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” 10

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 11 Also 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 12 Special 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 13

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 14

The Development of State CourtsEach of the original American Colonies had its own court system1629, The Massachusetts Bay Colony created a General Court 15 The General Court was a combined legislature and court that made laws, held trials, and imposed sentences

How did it start? In 1629 King Charles I of England  granted the Massachusetts Bay Company a charter to trade in and colonize the part of  New England  that lay approximately between the  Charles  and  Merrimack  Rivers, and settlement began in 1630.  Boston  was made the capital in 1632. The charter was revoked in 1684, and two years later all the New England colonies were united into the  Dominion of New England . A new charter was issued in 1691 that joined the Massachusetts Bay Colony, the Plymouth Colony, and the Maine Colony as the Province of Massachusetts Bay and placed it under a royal governor.16

17 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/  

18 Accused Witch http://historyofmassachusetts.org/mary-warren/ https://historyofmassachusetts.org/salem-witch-trials-victims/

The Salem Witch Trials Victims The Salem Witch Trials took place in Salem in the Province of Massachusetts Bay between 1692-1693. 19

20 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.  21

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 22 Current Structure

Current Chief Justice 23 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 Law Since the Supreme Court was established in 1789, 17 people have served as chief justice. The first was  John  Jay (1789–1795).

24 Front row, left to right: Associate Justice Stephen G. Breyer, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Ruth Bader Ginsburg, Associate Justice Samuel A. Alito. Back row: Associate Justice Neil M. Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, Associate Justice Brett M. Kavanaugh.

Current Supreme Court 25https://www.supremecourt.gov/about/biographies.aspx https://abcnews.go.com/Politics/meet-sitting-supreme-court-justices/story?id=37229761

Two current minorities 26 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 court Yale Law School

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 27

The Development of State Courts Cont’dAppellate Jurisdiction-The lawful authority of a court to review a decision made by a lower court 28

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. 29

State Trial Courts Trial Courts are where criminal cases begin.ArraignmentsSet Bail Take Pleas, and Conduct Trials Lower Courts- courts of limited jurisdictions Hear less serious crimes, traffic, family disputes and small claims 30

State Trial Courts High courts, circuit courts, or superior courtsFact-finding framework “Adversarial Process” 31

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   32

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.  33

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 FranciscoDistrict 2, Los AngelesDistrict 3, Sacramento District 4, San Diego District 5, Fresno, and District 6, San Jose 34 History of California State Courts of Appeal http://www.courts.ca.gov/2958.htm

U.S. Appellate Courts Each court of appeals consists of six or more judges, depending on the case load.35

Federal Court System Created by the United States ConstitutionU.S. District CourtsU.S. Court of AppealsU.S. Supreme Court 36

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 37 https://www.cacd.uscourts.gov/locations

U.S. Court of Appeal There are 13 appellate courts that sit below the U.S. Supreme Court38

How the courts work 39

After the arrest Once a person(2) is arrested, the detectives have 48 hours to file chargesComplete the necessary paper workMeet with the prosecutorFile chargesFollow up investigation 40 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 41

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 42 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.43 ABSCONDS: to go away or escape from a place secretly The suspect absconded to Canada. Page 224

Agenda for 10/17/19 Police Corruption, wrap upCoercion statements https://www.youtube.com/watch?v=179YXr95_rg https://www.youtube.com/watch?v=kh62SjGdI0s https://www.youtube.com/watch?v=buNwwAximcE Finish up with Chapter 7, the courts 44

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.45 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.)

Cruz Waiver Example 46

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 47

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” 48 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 detentionWitness testimonyVictim testimonyMost of the time, witnesses or victims do not testify at the preliminary hearing. Their testimony is saved until the trial 49

Witness testimony https://www.youtube.com/watch?v=OdCRRc9zlas Recall witnesses testimony https://www.youtube.com/watch?v=wsG1_wahKVc 50

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. 51 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 court52

Real life court quotes 53http://www.rinkworks.com/said/courtroom.shtml Myasthenia gravis  is a chronic autoimmune neuromuscular disease that causes weakness in the skeletal muscles, which are responsible for breathing and moving parts of the body, including the arms and legs. The name  myasthenia gravis , which is Latin and Greek in origin, means "grave, or serious, muscle weakness. “ My as then ia