American Government

1. American Government Judiciary and Courts 1st Amendment Freedoms Due Process Bill of Rights Criminal Justice Crime Judicial Branch PPT: C. Mills - Government Class 11/9/10 Alexander High School Observation: Student Teacher/Observer James (Jay) W. Davis III UWG Student

2. Judicial Branch and Criminal Justice Unit 2- EQ: Why is a powerful Judiciary important to a democratic nation? Standards 4; 6; 16a,c,d; 21, 22 Vocabulary: Jurisdiction – Original, Appellate, Concurrent Writ : Certiorari, Attainder, Habeas Corpus Certificate Opinion – Majority, Dissenting, Concurring Rule of 4 Felony, Misdemeanor, Capital crime Jury Indictment Arraignment Plea Bargain Prosecution Defense Plaintiff Defendant Witness Subpoena Bail Charge

3. Structure and Jurisdiction http://www.pbs.org/wnet/supremecourt

4. Power, Checks and Balances Judicial Review The precedent of law by Marbury v. Madison. The Court can review and overturn the validity of a law passed by Congress and approved by the Executive branch, thus granting the Judiciary equal power in government. This Power makes the Courts a co-equal branch of government. Judicial ActivismThe charge that judges are going beyond their appropriate powers and engaging in making law and not merely interpreting it. Judicial RestraintThe theory of judicial behavior that advocates basing decisions on grounds that have been previously defined by judicial precedent rather than on the basis of achieving some public good, which is viewed as the proper role of the legislature

5. 1st Amendment Freedoms Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Religion prohibits government from establishing a religion and protects each person's right to practice (or not practice) any faith without government interference. Free speech people have the right to speak freely without government interference. Free press the press has the right to publish news, information and opinions without government interference. Assembly people have the right to gather in public to march, protest, demonstrate, carry signs and otherwise express their views in a nonviolent way. It also means people can join and associate with groups and organizations without interference. Petition people have the right to appeal to government in favor of or against policies that affect them or that they feel strongly about. This freedom includes the right to gather signatures in support of a cause and to lobby legislative bodies for or against legislation.

6. Due Process Right Citizen's right to justice:the entitlement of a citizen to proper legal procedures and natural justice 2 important principles: Protected against the government Not directly applicable to states 5th Amendment -Procedural - concerned with process by which legal proceedings are conducted Substantive - concerned with the content of particular laws that are applied during legal proceedings 14th Amendment – Three rights illuminated: 1. The right to due process 2. The right to equal protection 3. The right to the privileges and immunities of national citizenship.

7. Bill of Rights First Amendment Second Amendment Speedy and Public Trial Freedom of Speech Protection against cruel and unusual punishment Bail No quartering of troops Protection against unreasonable search and seizures Guarantees rights not specifically stated Freedom of Assembly Due Process Powers not delegated to the federal government are reserved to the States or to the people Bear Arms Protection against self-incrimination Call witnesses on own behalf Freedom of Religion Counsel Freedom of Petition Grand Jury Review Be informed of Charges against you Freedom of the Press Protection against Double Jeopardy Sue for damages in a Civil court Eminent Domain Third Amendment Fourth Amendment Fifth Amendment Sixth Amendment Seventh Amendment Eighth Amendment Ninth Amendment Tenth Amendment

8. Crime An act that violates a political or moral rule. Thus, a crime is any culpable action or omission prohibited by law and punished by the state Nature Causes Effects Types Criminal act v. Civil wrong

9. Criminal Justice Process The major steps in processing a criminal case are as follows: Investigation of a crime Arrest of a suspect by the police. Prosecution of a criminal defendant by a district attorney. Indictment by a grand jury Arraignment by a judge Pretrial detentionand/or bail Plea bargainingbetween defense attorney and the prosecutor. Trial/adjudication of guilt by a judge or jury, with a prosecutor and a defense attorney participating. Sentencing by a judge Appeals filed by attorneys in appellate courts and then ruled on by appellate judges. Punishment and/orrehabilitationadministered by local, state, or federal correctional authorities

10. Judicial Branch of Our American Government Judiciary – Federal and State Courts 1st Amendment Freedoms – Big 5 Due Process – Procedural, Substantive Bill of Rights – 10 that keep us free Criminal Justice – Process and Courts Crime – Types and Penalties