Article III

1
Article III

• Judicial Branch

2
Rights of Individuals

• First amendment Freedom of religion, assembly,
  petition, press, and speech
• Second amendment Right to bear arms
• Third amendment people do not have to quarter
  or house soldiers in their house

3
Rights of the Accused

• Included in amendments 4-8.
• Police must have a search warrant
• Cant be held in jail without an indictment
• No double jeopardy
• Cant be executed, fined, or put in prison
  without a trial
• Due process must be followed

4
Accused contd

• Government has to give fair price if they are
  taking your property
• Speedy trial
• Public trial
• Jury trial if a felony
• Trial must be in area where the crime took place

5
Accused contd

• Have to be informed at time of arrest of the
  charges
• Accused has the right to have witnesses testify
• All witnesses must testify in open court
• Right to an attorney
• Fair bail
• No cruel/unusual punishment

6
Purpose of courts

• Enforce laws
• Interpret laws
• Protect individual rights

7
Basic concepts

• Courts must protect the rights of the individual
  citizen
• You are innocent until proven guilty is a major
  premise of our system
• Basic Idea of U.S. Democracy - Equality under the
  law for all people is another major premise is
  this true???
• Due Process must be followed!

8
Federal Court System

• District Court this is the lowest court
• One judge
• One jury determines guilt, innocence, mistrial
  if jury is hung
• Trial court determines guilt
• Court of original jurisdiction

9
District Court

• Hears any case where a federal law is broken
• Tax evasion, mail fraud, counterfeiting, anything
  illegal that crosses state lines
• State v state
• Person of one state v person of another
• Questions on interpretation of the Constitution

10
Appeals Court

• 3 judges
• No jury
• Hears appeals doesnt determine guilt!
• Reasons for appeal
• Unfair trial
• Due process not followed
• New evidence has been found

11
Appeals Court

• Decisions include
• Reversal of the previous decision
• Grant a new trial
• Refuse stare decisis let the decision stand
• Purpose is to protect the rights of citizens!

12
Supreme court

• 9 judges
• No jury
• Final appeals
• Interpretation of the Constitution
• Judicial review
• Presidents actions/decisions
• Set policy
• Abortion
• Prayer in school

13
Supreme Court contd

• Policies continued
• School desegregation
• Affirmative action

14
Supreme Court Cases

• Plessy v. Ferguson separate but equal is ok
• Brown v. Topeka overturned Plessy and
  desegregated public schools
• Marbury v. Madison established judicial review
• McCullough v. Maryland cannot tax the federal
  government
• Miranda v. Arizona have to read you your rights
  when arrested

15
Federal Judges

• How are they chosen?
• President nominates
• Senate confirms/approves

16
State Courts

• Municipal Court (City)
• Judge is elected
• No jury
• Hears city violations ie. Disturbing the peace,
  urinating in public, grass too long, etc.
• Zoning violations
• Traffic violations on city streets

17
Associate Circuit Court

• Judge is elected
• No jury
• Civil cases until 5000
• Preliminary hearings/arraignments
• Mo highway patrol/ Jackson County Sheriff
• Misdemeanors including assault, vandalism,
  shoplifting under 2000

18
Circuit Court

• Judge is elected
• Jury decides guilt
• Hears felonies including rape, murder, armed
  robbery, assault with a deadly weapon
• Civil cases over 5000
• Family issues divorce, child custody
• Appeals from municipal and Associate court
• State Constitution interpretation

19
Appeals Court

• 1-5 judges
• No jury doesnt decide guilt
• Appeals cases only appellate jurisdiction

20
State Supreme Court

• 1-7 judges Missouri has 7
• No jury
• Hears appeals from lower courts, state
  constitutionality, and some original jurisdiction

21
Missouri Plan for Choosing Judges

• Bar association provides a list of possible names
  to the Governor
• Governor appoints from that list
• People then vote yes or no at the end of his/her
  term

22
Legal Steps

• Apprehend (caught)
• Arrest (charges by police)
• Preliminary hearing (probable cause)
• Arraignment (judge decides of enough evidence to
  charge you)
• Trial (jury)
• Appeal (if found guilty)

23
Checks and Balances

• Legislative on Judicial
• Senate must approve all judges nominated by
  President
• Congress can impeach and remove a judge

24
Checks and Balances

• Executive on Judicial
• President nominates Federal judges
• President can grant pardons
• Pardon nullifies the conviction
• Commutation reduces legal penalties
• Ex Bush pardoned 189 people who had served
  their full term. He commuted 11 sentences.
  (Scooter Libby, John Forte, Ignacio Ramos)
• President Obama has pardoned 9 people.

25
Checks and Balances

• Judicial on Legislative
• Courts can declare a law unconstitutional

26
Checks and Balances

• Judicial on Executive
• Courts can declare actions of the President
  unconstitutional

27
Definitions

• Bail property or money given to ensure that a
  person released from custody will return at an
  appointed time.
• Appeal review of a case by a higher court.
• Civil Case case involving a dispute that is not
  a crime.
• Criminal Case case involving a crime.
• Double Jeopardy being tried twice for the same
  crime.
• Felony serious crime such as murder or arson
• Misdemeanor misbehavior, less serious crime.
• Original Jurisdiction authority to decide the
  case first.
• Judicial Review courts rule on constitutionality
  of law/action
• Probation supervised release, testing period.

28
Definitions Cont.

• Parole conditional release of a prisoner prior
  to end of sentence.
• Capital Punishment Death Penalty
• Plaintiff person who brings suit in court
• Defendant the accused
• Arraignment evaluation of guilt of fault
• Plea Bargain arrangements prior to trial
• Change of Venue moving a trial
• Indict bringing of formal charges
• Due Process steps in the judicial process
• Prosecutor person who conducts legal proceedings