Article III of the U.S. Constitution

1. Article III of the U.S. Constitution The Judicial Branch

2. What is the purpose of the Judicial Branch? To review and interpret the laws created by the Legislative Branch and the actions taken by the Executive Branch.

3. What does that mean? How does the Constitution define the job of the Courts?

4. Criminal v Civil Law • Criminal law is an issue of person v society • This type of court case occurs when someone has committed a crime. If the offender is not punished for their actions, they may do it again. • Civil law is an issue of person v person • This type of court case occurs when someone has harmed someone either financially or by accident and it only effects that other person.

5. State Courts v. Federal Courts • Jurisdiction is who has the authority to hear cases. • State courts will hear most cases. • Only a few types of cases go directly to federal courts including cases involving foreign parties, bankruptcy, the military, maritime law, two state govt’s, the U.S. v anyone, or residents of different states.

6. PA Court System

7. Federal Court System

8. Due Process Clause • No state may deprive any person of life, liberty, or property without the due process of law (14th amendment). • In other words, according to the 5th amendment, the gov’t must follow proper Constitutional procedures in lawmaking, carrying out laws, or procedures in trials.

9. Parts of the Court -The Judge

10. The Judge • The judge is the interpreter of the law in the courtroom. • In their courts, they are “all-powerful.” • They can decide the outcome of cases or they defer their decisions to a jury. REAL Judge – Montgomery County, PA

11. How do Judges Get Selected? • All federal judges are appointed by the President and approved by the Senate. • How does the President pick judges? Party affiliation Judicial philosophy Personal background of the judge Professional background of the judge REAL … well, kind of

12. Judges in the States • Judges in states can either be selected by the governor. OR • Judges in states can by elected by the voters. Not Real

13. Parts of the Court

14. Prosecution / Plaintiff • The Office of the Prosecuting Attorney makes every effort to hold a defendant accountable to their victims by the collection of restitution. • In a civil case, punishment is often monetary. • In a criminal case, punishment can be monetary or physical.

15. Parts of the Court

16. The Defense/ Respondent • The attorney for the defense is paid for by the defendant or respondent. • The more money the defendant / respondent has, typically, the better defense they can present. • Many have argued that this undermines the “fairness” of the Constitution. Barry Scheck, Peter Neufeld, OJ, Johnnie Cochran, and Robert Shapiro Robert Kardashian and OJ

17. Parts of the Court

18. The Court Clerk • This person is the backbone of the court. • Their job is to keep files of the case, evidentiary information, and obtain all pertinent information needed. • The judge is dependent on the record clerk to keep the court moving smoothly.

19. Parts of the Court

20. The Witnesses • Eye witness – someone who witnesses evidence in the case. Considered to be fundamental to a case, eye witness testimony is the most unreliable evidence. • Expert witness – someone who testifies in a case with important professional knowledge to “clear up” the situation or evidence. • Character witness – someone who testifies about someone else’s personality. They do not add anything else to the case.

21. Parts of the Court

22. Parts of the Court – The Jury • Only the lower levels of state and federal courts have jury trials. When someone is accused of a crime, the charges will be heard before a grand jury. They will decide if there is enough evidence to hold a trial. • If there is sufficient evidence, the grand jury will issue an indictment, which is a formal accusation. • When the case goes to trial, a petit jury(small) will listen to the evidence and decide the outcome of the case.

23. Jury Duty – Your Civic duty • If you have a driver’s license, then you are eligible for jury duty. • You must be 18 yrs. old, a US citizen, understand English, and not been convicted of a felony. • If you are called for jury duty, you must follow the instructions or you could be charged with a crime.

24. Voir Dire the Jury • Also known as jury selection, to voir dire the jury means, “to question.” • The judge will give a brief summary of the case and the prosecution and defense lawyers will begin to question the jury. • This questioning procedure will help the lawyers to determine who the best jurors are for the case. • PA law requires 12 jurors for a case.

25. Deliberating the Case • After the hearing the facts of the case, the jury will leave the courtroom to go into deliberation. • Here, the jury will look over the evidence, discuss the facts of the case, go over witness testimony, and decide the outcome of the case. • In a criminal trial, the jury must make a unanimous decision. • In a civil trial, the decision only has to be made by the majority.

26. Parts of the Court

27. Parts of the Court – Court Officials • Each District Court has a U.S. attorney for both civil and criminal cases brought to the court. • Each court also has a U.S. magistrate (civil officer) who issues arrest warrants and decides if someone should be held over for the grand jury. • A U.S. Marshall makes arrests, secures jurors and witnesses, and helps to keep order in the courtroom. • Other people in the courtroom include deputy clerks, bailiffs, a stenographer, and a record clerk.