Texas Law & Due Process (Chapter 10) Dr. Michael Sullivan. Texas State Government GOVT

Texas Law & Due Process (Chapter 10) Dr. Michael Sullivan Texas State Government GOVT 2306 192

AGENDA 1. Current Events 2. Due Process of Law

2018 Elections: General Land Office https://www.facebook.com/pg/miguelsuazo ForTXLandCommissioner/videos/?ref=page_ internal https://www.youtube.com/watch?ti me_continue=3&v=meok7kcj608 https://www.facebook.com/georgepfo rtexas/videos/1519962554718689/

2018 Elections: General Land Office https://www.miguelsuazo.org/issues

Civil Law Criminal Law A private injury or wrong An injury to the public Plaintiff sues defendant Prosecuted by government Parties must provide their own attorneys Burden of proof is preponderant of the evidence Penalties are typically monetary Attorney provided if defendant can t afford one Burden of proof is beyond a reasonable doubt Penalties potentially include loss of liberty

Is the Criminal Justice System Unfair to Black People? https://www.prisonpolicy.org/graphs/2010percent/tx_blacks_2010.html

2015 UT Austin Study on Texas Prison DAMAGING EFFECTS OF INCARCERATION Incarceration disproportionately affects low income communities of color Incarceration causes harmful collateral consequences (housing, jobs, etc.) Incarceration harms children and families Incarceration wastes taxpayer dollars Incarceration is ineffective at reducing crime Incarceration threatens public health and fails to address mental illness https://liberalarts.utexas.edu/iupra/_files/criminal%20justice%20brief%20final%20final.pdf

RETURN CHILDREN UNDER THE AGE OF 18 TO THE STATE S JUVENILE JUSTICE SYSTEM, AND LIMIT THE USE OF SECURE CONFINEMENT FOR CHILDREN UNDER THE AGE OF 13 http://abc13.com/teen to be tried as adult in montgomery co double murder/3162202/ https://www.texascjc.org/return children under age 18 state%e2%80%99s juvenile justice system and limit use secure confinement

Juvenile Offenders Children tried as adults seem to be more likely to commit future crimes than those who are dealt with in the juvenile system, according to the U.S. Centers for Disease Control and Prevention. Texas allows children to be tried as adults at age 14. The Special Case of Juvenile Courts Texas replaced all adult criminal procedures in juvenile cases with special civil procedures. Children as young as 14 may be certified to stand trial as adults. How should the legal rights and responsibilities of children differ from those of adults? Copyright 2016 Cengage Learning. All rights reserved. 10

Texas Crime Rates 2015 Data

Texas Crime Rates 2015 Data In 2011, Houston had 198 murders, the least since the FBI began reporting citywide crime data in 1985. Since then, the murder rate in Houston has increased each year, with 303 in 2015. In Houston, there was less overall crime and the violent crime rate decreased, but the murder rate jumped 23 percent, from 10.8 murders per 100,000 residents in 2014 to 13.3 in 2015, according to the report. https://www.texastribune.org/2016/04/22/crime rates fall texas cities/

Criminal Law Case Study Human & Sex Trafficking in Texas Discussion Questions What is Human Trafficking? What is Sex Trafficking? What is Texas State Government* Doing? Is Texas State Government* Doing Enough? http://www.tyla.org/tyla/index.cfm/projects/slavery out of the shadows spotlight on human trafficking/ * Texas Government = Executive, Legislative, Judicial (courts), Law Enforcement

http://www.tyla.org/tyla/assets/file/sos%20legal%20brochureweb.pdf

Crime is an act that violates whatever authorized body defines as the law. Felonies Serious crimes punishable by state institutions. Misdemeanors Minor crimes punishable by a county jail sentence or fine. Victimless crimes Crimes whose victims are the criminals themselves 16

Types of Civil Law Family law (also called matrimonial law) is an area of the law that deals with family matters and domestic relations, including: Marriage, civil unions, and domestic partnerships. Adoption and surrogacy. Child abuse and child abduction. Real estate law governs who may own and use the land. In Texas, a person cannot lose a title to a homestead Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will.

Types of Civil Law Business Business Regulations Corporate Law Labor Law Restrictions: deceptive business practices; securities fraud; environmental regulations (air and water); insurance and liability; and contracts. Texas employment discrimination law. Charter: The organizing document for corporations or a municipalities, which defines their structure, purposes, and activities. Injunctions: Court orders to compel or prohibit specific actions. Right to work laws: Laws that prohibit contracts between labor and management that establish a closed shop or a union shop. Negligence: Failure to act with the prudence or care that an ordinary person would exercise. Tort: A private civil wrong or injury other than a breach of contract.

Issues Civil Law Tort Reform Placed restrictions on lawsuits because some argued society was going to court for frivolous reasons Punitive damages Judgement in excess of actual damages that are intended to punish the defendant Liability insurance No fault allow an insured person to collect for damages from own insurance company regardless who is at fault Current plan is expensive to determine who is at fault Eminent domain Limit government taking private property for public use 21

The Due Process of Law Definitions Due process: Proper procedures designed to promote justice and protect the individual from the government. Due process is essential to guaranteeing fairness before the government may deprive a person of life, liberty, or property. Probable cause: Sufficient information to lead a reasonable person to believe that evidence is probably contained on the premises and thus a warrant for the invasion of privacy is justified. Exclusionary rule: Evidence acquired in violation of the Fourth Amendment may not be admitted in federal courts. Arraignment: A prisoner s initial appearance before a magistrate in which the charges and basic rights are explained. Copyright 2016 Cengage Learning. All rights reserved. 23

24 https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/casediagram.html Pretrial Court Activities Arraignment prisoner s initial appearance before a magistrate in which the charges and basic rights are explained. The charges The right to an attorney Setting bail security deposit required for the release of a suspect awaiting trial. Examining trials Formal charges Pretrial hearings Plea bargaining

Trial Court Activities Trial by jury Voir dire questioning The adversary system Compulsory process The jury charge The verdict The sentence Probation 25 https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/casediagram.html

26 https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/casediagram.html Post Trial Proceedings A person who is acquitted cannot be tried again for the same offense. The appeals process

Rehabilitation and Punishment Felony Punishment Probation Prison Parole Not automatically granted Parole less expensive than incarceration Misdemeanor Punishment Juvenile Rehabilitation Clemency Evaluating Punishment and Rehabilitation Policies Punishment and isolation Deterrence Rehabilitation Copyright 2016 Cengage Learning. All rights reserved. 27

Reflections / Take Aways What surprised you? What do you like? What would you change?