Civil vs Criminal Cases

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Elmer Blankenship
5 years ago
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1 Chapter Objectives Describe the state court system and its politics Analyze sources and consequences of the power of the federal judiciary and compare/contrast approaches to constitutional interpretation Describe the federal court system and the relationship between state and federal courts Outline the steps and participants in the Supreme Court selection process Identify the major checks on Supreme Court power

2 Civil vs Criminal Cases Civil Code regulates the legal rights and obligations of citizens with regard to one another Violations of the civil code are stated by individuals, who ask the court to award damages Criminal Code regulates relations between individuals and society as a whole, enforced by the government itself, which acts as plaintiff and initiates charges against those suspected of a crime

4 State Courts Every state has its own judicial arrangements, but the most basic/common structure has three tiers (trial courts, appellate courts, state supreme courts) Most cases are decided at the very first tier (trial courts) In trials, there are two sides, the plaintiff (the one bringing the complaint) and the defendant (the accused) The district attorney determines the evidence to be used in prosecuting State courts in a position to be influenced by politics, since judges are elected in 39 of the 50 states

5 An independent and powerful Federal Judiciary The constitution attempts to shield Federal courts from political influence (in the hopes of making this branch independent and impartial) by offering life terms and fixed salaries Judicial Review this is the power of the courts to declare laws unconstitutional, therefore null and void; the constitution does not explicitly mention this power The Supreme Court asserted its power to exercise judicial review in Marbury vs Madison (1803)

6 Approaches to Constitutional Interpretation Original Intent the interpreter seeks to ascertain what those who wrote the constitution meant when they wrote it Living constitution judge the constitutionality of laws in light of the entire history of the United States as a nation Plain meaning of the text judges should be guided exactly by what the words of the constitution mean, not what someone intended and not someone's vague understanding of history

7 Judicial Review controversies Rarely does a court ruling result in a 'constitutional crisis' (Dred Scott 1857, for instance); when it does, some call for the end to judicial review. Two things explain why it survives 1) The court does not use it excessively 2) When it does, most of the players (president, congress) have already evolved to the court's nullification position

8 Statutory Interpretation What does the court spend most of its time on, then, if not judicial review? Statutory Interpretation Statutory Interpretation this is the judicial act of interpreting and applying ordinary laws, rather than the constitution, to specific cases

9 Federal Court System The Supreme Court is the centerpiece of the national court system, but the lower courts are where most of the day-to-day work of the judicial branch is carried out District Courts Congress first created district courts in Today there are 94 U.S. District Courts, covering civil and criminal cases Appeals Courts there are 13 U.S. Courts of Appeal (11 Circuits, D.C. and a specialized court

10 Selection of Judges Constitution says judges shall hold their offices in times of good behavior, which is read to mean life term President nominates federal judges, Senate confirms Senatorial Courtesy applies in some cases President almost always nominates judge from the same political party Impeachment rare for judges, but has happened

11 Prosecuting a Federal Case Violations of Federal Law investigated by the FBI, which gives evidence to prosecutors in the office of a federal district attorney The Federal D.A. may ask a grand jury of 16 to 23 citizens for an indictment Federal DA's hold a high profile, and generally only take on high-profile cases, leaving the rest to state-level courts

12 The Supreme Court Today nearly all cases argued before the Supreme Court get there upon a grant of cert. If four justices vote cert the case will be sent up from the lower court. There are about 7,000 cert requests a year, the court only grants a small fraction (about 80 cases per year) Stare Decisis This means that the courts will follow precedents (earlier decisions) when deciding similar cases The process of appointment is increasingly political (opposes the ideal that justice is blind)

13 The Supreme Court Chief Justice Assigns the writings of opinion; they also use their position to facilitate compromise and achieve consensus Solicitor General the Government's lawyer before the court, an employee of the Justice Department, appointed by the president Total of nine justices, currently the balance leans toward the conservative side, with 5 justices appointed by Republicans and 4 appointed by Democrats

14 Supreme Court Prior to deciding a case, they read written briefs detailing the legal arguments They then listen to oral arguments in the plenary session Discussion in private conference generally reveals a majority Whoever writes the majority opinion circulates it to all the judges, some in the majority may write a concurring opinion, those in the minority can write a dissenting opinion

15 Checks on the Court Constitutional Amendment Possible but amendments are very rarely accomplished Statutory revision a Supreme Court interpretation of a statute can be modified by revising the statute Non-implementation Also unlikely, but officials can simply ignore court decisions. This is actually done on occasion at the state and local level for lower-court decisions

16 Litigation as a Political Strategy When elected officials do not respond to public demands, the Courts have been increasingly used by advocacy groups to place issues on the political agenda

1. Which Article of the Constitution created the federal judiciary?

9 The Judiciary Multiple-Choice Questions 1. Which Article of the Constitution created the federal judiciary? a. Article III b. Article II c. Article VI d. Article I e. Article IX 2. According to Article