Article III of the U.S. Article III of the U.S. ConstitutionConstitution

The Judicial BranchThe Judicial Branch

What is the purpose of the Judicial What is the purpose of the Judicial Branch?Branch?

To review and interpret the laws To review and interpret the laws created by the Legislative Branch created by the Legislative Branch and the actions taken by the and the actions taken by the Executive Branch.Executive Branch.

What does that mean?What does that mean?

How does the Constitution How does the Constitution define the job of the Courts?define the job of the Courts?

Criminal v Civil LawCriminal v Civil Law

Criminal law is an issue of person v Criminal law is an issue of person v societysociety This type of court case occurs when someone This type of court case occurs when someone

has committed a crime. If the offender is not has committed a crime. If the offender is not punished for their actions, they may do it punished for their actions, they may do it again.again.

Civil law is an issue of person v personCivil law is an issue of person v person This type of court case occurs when someone This type of court case occurs when someone

has harmed someone either financially or by has harmed someone either financially or by accident and it only effects that other person.accident and it only effects that other person.

State Courts v. Federal CourtsState Courts v. Federal Courts Jurisdiction is who has the Jurisdiction is who has the

authority to hear cases.authority to hear cases. State courts will hear most State courts will hear most

cases.cases. Only a few types of cases Only a few types of cases

go directly to federal courts go directly to federal courts including cases involving including cases involving foreign parties, bankruptcy, foreign parties, bankruptcy, the military, maritime law, the military, maritime law, two state govt’s, the U.S. v two state govt’s, the U.S. v anyone, or residents of anyone, or residents of different states.different states.

PA Court SystemPA Court System

Federal Court SystemFederal Court System

U.S. Supreme Court

U.S. Court of MilitaryAppeals

12 U.S. Court of Appeals

U.S. Federal Court of Appeals

Military Courts94 U.S. District

Courts

Due Process ClauseDue Process Clause No state may deprive No state may deprive

any person of life, any person of life, liberty, or property liberty, or property without the due process without the due process of law of law (14(14thth amendment). amendment).

In other words, In other words, according to the 5according to the 5thth amendment, amendment, the gov’t the gov’t must follow proper must follow proper Constitutional Constitutional procedures in procedures in lawmaking, carrying lawmaking, carrying out laws, or out laws, or procedures in trials.procedures in trials.

Parts of the Court -The JudgeParts of the Court -The Judge

The JudgeThe Judge

The judge is the The judge is the interpreter of the interpreter of the law in the law in the courtroom.courtroom.

In their courts, they In their courts, they are are “all-powerful.”“all-powerful.”

They can decide the They can decide the outcome of cases or outcome of cases or they defer their they defer their decisions to a jury.decisions to a jury.

How do Judges Get Selected?How do Judges Get Selected?

All federal judges are All federal judges are appointed by the President appointed by the President and approved by the and approved by the SenateSenate..

How does the President How does the President pick judges?pick judges?

Party affiliationParty affiliation

Judicial philosophyJudicial philosophyPersonal background of the judgePersonal background of the judge

Professional background of the judgeProfessional background of the judge

REAL … well, kind of

Judges in the StatesJudges in the States

Judges in states can Judges in states can either be either be selected selected by the governorby the governor..

OROR Judges in states can Judges in states can

by by elected by the elected by the votersvoters. . In PA, judges In PA, judges are elected.are elected.

Parts of the CourtParts of the Court

Prosecution / PlaintiffProsecution / Plaintiff The Office of the The Office of the

Prosecuting Attorney Prosecuting Attorney makes every effort to makes every effort to hold a defendant hold a defendant accountable to their accountable to their victimsvictims by the collection by the collection of restitution.of restitution.

In a civil case, In a civil case, punishment is often punishment is often monetary.monetary.

In a criminal case, In a criminal case, punishment can be punishment can be monetary or physical.monetary or physical.

Parts of the CourtParts of the Court

The Defense/ RespondentThe Defense/ Respondent

The attorney for the The attorney for the defense is paid for by defense is paid for by the defendant or the defendant or respondent.respondent.

The more money the The more money the defendant / respondent defendant / respondent has, typically, the better has, typically, the better defense they can defense they can present.present.

Many have argued that Many have argued that this this undermines the undermines the “fairness” of the “fairness” of the Constitution.Constitution.

Barry Scheck, Peter Neufeld, OJ, Johnnie Cochran, and Robert Shapiro

Robert Kardashian and OJ

Parts of the CourtParts of the Court

The Court ClerkThe Court Clerk

This person is the This person is the backbone of the court.backbone of the court.

Their job is to keep files Their job is to keep files of the case, evidentiary of the case, evidentiary information, and obtain information, and obtain all pertinent information all pertinent information needed.needed.

The judge is dependent The judge is dependent on the record clerk to on the record clerk to keep the court moving keep the court moving smoothly.smoothly.

Parts of the CourtParts of the Court

The WitnessesThe Witnesses Character witness – someone Character witness – someone

who testifies about someone who testifies about someone else’s personality. They do else’s personality. They do not add anything else to the not add anything else to the case.case.

Expert witness Expert witness – someone who – someone who testifies in a case with important testifies in a case with important professional knowledge professional knowledge to “clear to “clear up” the situation or evidence.up” the situation or evidence.

Eye witness Eye witness – someone who – someone who witnesses evidence in the case. witnesses evidence in the case. Considered to be fundamental to Considered to be fundamental to a case, eye witness testimony is a case, eye witness testimony is the the most unreliable evidencemost unreliable evidence..

Parts of the CourtParts of the Court

Parts of the Court – The JuryParts of the Court – The Jury Only the lower levels of state Only the lower levels of state

and federal courts have jury and federal courts have jury trials. trials. When someone is When someone is accused of a crime, the charges accused of a crime, the charges will be heard before a will be heard before a grand grand juryjury. They will decide if there is . They will decide if there is enough evidence to hold a trial.enough evidence to hold a trial.

If there is sufficient evidence, If there is sufficient evidence, the grand jury will issue an the grand jury will issue an indictmentindictment, which is a formal , which is a formal accusation.accusation.

When the case goes to trial, a When the case goes to trial, a petit jurypetit jury (small) will listen to (small) will listen to the evidence and decide the the evidence and decide the outcome of the case.outcome of the case.

Jury Duty – Your Civic dutyJury Duty – Your Civic duty

If you have a driver’s If you have a driver’s license, then you are license, then you are eligible for jury dutyeligible for jury duty..

You must be 18 yrs. old, a You must be 18 yrs. old, a US citizen, understand US citizen, understand English, and not been English, and not been convicted of a felony.convicted of a felony.

If you are called for jury If you are called for jury duty, you must follow the duty, you must follow the instructions or you could instructions or you could be charged with a crimebe charged with a crime..

Voir Dire the JuryVoir Dire the Jury Also known as Also known as jury selectionjury selection, to , to

voir direvoir dire the jury means, “ the jury means, “to to questionquestion.”.”

The judge will give a brief The judge will give a brief summary of the case and the summary of the case and the prosecution and defense prosecution and defense lawyers will begin to question lawyers will begin to question the jury.the jury.

This questioning procedure will This questioning procedure will help the lawyers to determine help the lawyers to determine who who the best jurors are for the the best jurors are for the case.case.

PA law requires 12 jurors for a PA law requires 12 jurors for a case.case.

Jury Selection• juries are chosen through random processes and deliberate choice

• three steps: a) compiling a master jury list, b) drawing the venire, and c) conducting the voir dire

•

Master Jury ListMaster Jury List

• a master list of names is compiled for a master list of names is compiled for the community where the trial will be the community where the trial will be held (must be representative)held (must be representative)

• common sources include, voter common sources include, voter registration, motor vehicle records, registration, motor vehicle records, telephone directories, driver’s license telephone directories, driver’s license lists, utility customer listslists, utility customer lists

• historically some groups have been historically some groups have been excluded: women, African-Americansexcluded: women, African-Americans

VenireVenire

• the the venirevenire is the jury pool is the jury pool

• names are drawn from the master jury list names are drawn from the master jury list and they are asked to report for jury duty and they are asked to report for jury duty (the venire)(the venire)

• some exemptions are made: doctors, some exemptions are made: doctors, lawyers, ministers, etc.lawyers, ministers, etc.

• compliance with jury duty summonses is a compliance with jury duty summonses is a major concern (many people do not report major concern (many people do not report or ask for exemptions)or ask for exemptions)

Voir DireVoir Dire

• voir dire is the examination of a voir dire is the examination of a prospective juror to determine if they can prospective juror to determine if they can be fair and impartialbe fair and impartial

• process varies tremendously—sometimes process varies tremendously—sometimes only a judge is involved in other place only a judge is involved in other place lawyers participate toolawyers participate too

• scope and intensity of the questioning scope and intensity of the questioning varies too, can take a short time or long varies too, can take a short time or long depending on the casedepending on the case

• each side in the case can excuse potential each side in the case can excuse potential jurorsjurors

• challenge for causechallenge for cause – is when the a – is when the a juror is removed because the lawyers juror is removed because the lawyers and judge agree the individual cannot and judge agree the individual cannot be fairbe fair

• peremptory challengesperemptory challenges – when – when lawyers excuse jurors without giving a lawyers excuse jurors without giving a reasonreason

• lawyers have wide discretion to use lawyers have wide discretion to use peremptory challenges – but may not peremptory challenges – but may not exclude jurors because of race or genderexclude jurors because of race or gender

• lawyers use voir dire for other reasons:lawyers use voir dire for other reasons:

• educating citizens about the role of educating citizens about the role of jurorjuror

• try to influence how the juror views try to influence how the juror views their clienttheir client

JURY DUTYJURY DUTY

• jury duty is the only time when citizens jury duty is the only time when citizens perform direct service for their perform direct service for their governmentgovernment

• many citizens appear frustrated with many citizens appear frustrated with having to perform jury servicehaving to perform jury service

• most jurors report being satisfied with most jurors report being satisfied with the processthe process

• government is trying to ease the burden government is trying to ease the burden -- to get greater compliance-- to get greater compliance

Deliberating the CaseDeliberating the Case After the hearing the facts of After the hearing the facts of

the case, the jury will leave the the case, the jury will leave the courtroom to go into courtroom to go into deliberationdeliberation..

Here, the jury will look over the Here, the jury will look over the evidence, discuss the facts of evidence, discuss the facts of the case, go over witness the case, go over witness testimony, and testimony, and decide the decide the outcome of the case.outcome of the case.

In a In a criminal trialcriminal trial, the jury must , the jury must make a make a unanimous decisionunanimous decision..

In a In a civil trialcivil trial, the decision only , the decision only has to be made has to be made by the majorityby the majority..

Parts of the CourtParts of the Court

Parts of the Court – Court OfficialsParts of the Court – Court Officials

Each District Court has a U.S. Each District Court has a U.S. attorney for both civil and criminal attorney for both civil and criminal cases brought to the court.cases brought to the court.

Each court also has a U.S. Each court also has a U.S. magistrate (civil officer) who issues magistrate (civil officer) who issues arrest warrants and decides if arrest warrants and decides if someone should be held over for someone should be held over for the grand jury.the grand jury.

A U.S. Marshall makes arrests, A U.S. Marshall makes arrests, secures jurors and witnesses, and secures jurors and witnesses, and helps to keep order in the helps to keep order in the courtroom.courtroom.

Other people in the courtroom Other people in the courtroom include deputy clerks, bailiffs, a include deputy clerks, bailiffs, a stenographer, and a record clerk.stenographer, and a record clerk.