Criminal justice test three chapter 7

Public Order: Individual rights must be effectively balanced against these community concerns:

-Conviction of the guilty -Exoneration of the innocent -The imposition of appropriate punishment -The protection of society -Efficient and cost-effective procedures -Seeing justice done

Individual Rights: Common law, constitutional, statutory, and humanitarian rights of the accused:

-The right to a speedy trial -The right to legal counsel -The right against self-incrimination -The right not to be tried twice for the same offense -The right to know the charges -The right to cross-examine witnesses -The right against excessive bail

Circuit courts

12 regional circuits -167 judges -Six or more judges per court •Appointed for life by the president and confirmed by the Senate Hears appeals from the district courts located within the circuit

Courts are also empowered with judicial review

Allows higher courts to review the decisions of lower courts -Gives Supreme Court authority over constitutionality of law

Federal district courts info

Consists of 94 judicial districts including DC and Puerto Rico and US Bankruptcy Court -Two specialized courts: •US Courts of International Trade •US Courts of Federal Claims

Marbury v. Madison (1803)

Established the court's authority as final interpreter of the U.S. Constitution

Jurisdiction court types

Federal cases will not hear cases involving state laws, unless the law conflicts or the issue is appealed as a constitutional manner -Jurisdiction varies according to the type of case and action

The Supreme Court Today

Has limited original jurisdiction and appellate jurisdiction •Hears disputes between states and attorney disbarment •Hears cases from U.S. and state courts of appeals -Writ of certiorari orders the case records for review •Hears 200 cases a year

Supreme Court continued

Highest court in the federal system -Consists of one chief justice and 8 associate justices -Each appointment by the President, who nominates a candidate for approval by Congress -Lifetime appointment -Great deal of discretion about which cases to hear

Federal District Courts:

Jurisdiction over civil and criminal cases

Example: Brown vs. Board of Education (1954)

Overturned unanimously in Brown •Judges in Brown case were seen by some commentators and citizens as interpreting laws to further social agenda

Jurisdiction

Refers to a court's authority to hear certain types of cases

Precedent established in Plessy v. Ferguson (1896)

Separate facilities for black and whites •According to the Court, segregation did not violate 14th amendment

Some judges decide cases on

Strict interpretation of the Constitution -Interpret the document within the context of historical, societal, and technological events

Original jurisdiction refers to:

The lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts.

Appellate jurisdiction refers to:

The lawful authority of a court to review a decision made by a lower court.

Judicial review refers to:

The power of a court to review actions and decisions made by other agencies of government.

Federal Courts Where do you go to court when a crime occurs

US has a dual court system: separate system for federal and state levels -Federal law in almost all cases trumps state law -Most cases, State Supreme Courts interpret and decide constitutional issues arising from each of the sovereignties, unless a federal issue is involved

Following the American Revolution

colonial courts provided the organizational basis for the growth of state court systems.

Separation of governmental branches

ensures judges are free to make decisions without political influence

US Supreme Court

established by the Judiciary Act of 1789

Court process Developed

in the original 13 colonies before a Constitutional mandate was passed in 1789 that established the federal judiciary (three branches of government)

Court process American Court system is recognized

throughout the world as one of the most legitimate means of determining guilt and innocence

Relies on the constitution

to set standards to ensure our rights are protected

Judicial Activism

variation from the clear meaning of the text, allows for broad interpretation