What is the role of the judicial system in our democracy? Principles of Democracy in the Judiciary The purpose of the judicial branch is to provide an interpretation of the law The court system of our government does two things: Help resolve conflicts Determine what the laws mean The judicial branch is able to do this through judicial review

A key element of a democracy is that the courts must act impartially and make fair decisions without undue influence by outside forces. One way that this is accomplished at the federal level is that judges are appointed for life. The idea is that it allows judges to make decisions without being concerned about how it might affect their chances at reelection. TRIALS AND APPEALS Chapter 13.2/13.3 What are the purposes of trials and

appeals in our court system? The Function of Trial Courts Criminal vs. Civil Trial Court Criminal trial-hears cases like murder where we try and determine guilt Civil trial-hears cases where one person/group thinks another person/group has caused harm Trial courts in the United States uses an adversarial system where the case is a contest

between opposing sides as opposed to an inquisitorial system where a judge plays more of an active role in the case Jurisdiction All trial courts have original jurisdiction The authority of a trial court to be the first to hear a case CHAPTER 13 POWER-POINT ACTIVITY With a partner, use the previous slide the answer the following: What are three pros and three cons of the

adversary system? What are three pros and three cons of the inquisitorial system? What system would you choose? Explain. The Trial Process Roles in a Trial Trial courts listen to testimony, consider evidence, and decide the facts in a dispute In a trial there are two parties

In civil cases its the plaintiff vs. the defendant In criminal cases its the prosecutor (representing the government) vs. the defendant Judges preside over the trial to make sure that both sides present their evidence in a fair manner Attorneys represent both sides by presenting the evidence collected before the trial Most legal cases never make it this far. Civil cases usually result in out-of-court settlements

Criminal cases usually end in a plea bargain Juries Juries serve to protect the rights of the parties and make it more likely that justice is impartial. They promote a sense of fairness and give voice to the people The 5th, 6th, and 7th Amendments of our

Constitution protects the right to a jury trial 5th-Grand Jury is required for federal crimes 6th-Right to trial by jury in federal and state criminal cases 7th-Right to trial by jury in federal civil cases The Constitution protects the right to trail by jury, but this does not mean that it is required in every case Appeal Courts

An individual who loses a case in a trail may wish to appeal that decision. How could a case be appealed? Legal questions that arise in the trial Examples: judge gave wrong instructions, improper evidence was shown Issues with due process Examples: constitutional rights are violated Procedures at an Appeals Court There are no juries or witnesses in an appeals court, only lawyers on both sides appear before the judges (3-5 judges) to make legal arguments.

The court of appeals may decide an appeal in one of three ways: 1. Uphold the trial courts decision 2. Reverse the trail courts decision 3. Send it back to the trial court to be tried again If the judges disagree about a decision, two or more written opinions may be issued 1. 2. 3. Majority Opinion- states the decision of the court

Dissenting Opinion-states the reason for the disagreement Concurring Opinion-states the agreement with the majority, but with different reasoning Precedent When an appeals court decides a case, one of the things judges consider is precedent. These are legal principles created by an appellate court decision that lower court judges must follow when deciding similar cases

Precedents apply to all the courts below the court that rules in the case Appellate courts have the power to overrule one of their earlier precedents Reasons? Changing times and circumstances New judges selected LOCAL, STATE, AND FEDERAL COURTS

Chapter 13.4 How are federal, state, and local courts organized? Creation of a National Judiciary Alexander Hamilton argued the need for a national court system. Laws are dead without courts to interpret and define them

Constitution created a national judiciary under Article III Dual Court System Two separate court systems in America 1. National judiciary spans the country with more than 120 courts 2. Each state (50) has its own court system Number runs into the thousands

State courts hear most of the cases in the country Federal Courthouse in Tampa Pinellas County Courthouse in Clearwater Jurisdiction Jurisdiction

The authority or power to decide a case Each court system has jurisdiction to decide certain kinds of cases There are many courts in the United States Each state has a court system; there is a federal court system; military courts, as well as tribal justice systems Types of Jurisdiction

Original Jurisdiction- where the case first began (trial court) Appellate Jurisdiction-ability to address the rulings of a case (appeals/Supreme Court) Limited Jurisdiction- federal courts can only hear cases involving federal law General Jurisdiction-ability to hear a wide variety of cases (state courts) Exclusive Jurisdiction-case only to heard in federal court Concurrent Jurisdiction-cases can be heard in federal or state courts

Two Kinds of Federal Courts Constitutional Courts Inferior courts that Congress has formed Together with the Supreme Court the now include the courts of appeal, the district courts, and the U.S. court of International Trade AKA regular courts or Article III courts

Special Courts Do not exercise the broad judicial Power of the United States Hear a much narrower range of cases AKA the legislative courts The Special Courts The Court of Federal Claims

Composed of 16 judges, appointed by the president. Hears claims for damages against the government The Territorial Courts Courts in our nations territories The District of Columbia Courts Judicial system in our Nations capital (superior court and court of appeals)

The Court of Appeals for the Armed Forces Military Courts for each branch of the nations armed forces (not a part of the federal court system) Military Tribunals Panels composed of American military personal that will hear trials against foreigners accused of committing acts of terror against the United States

The Court of Appeals for Veterans Claims Power to hear appeals from the decisions of an administrative agency, Depart of Veterans Affairs Hears cases in which individuals claim that the VA has denied or mishandled claims for veterans benefits The United States Tax Court 19 Judges Hears civil but not criminal cases involving disputes over the application of the tax

laws Federal District Courts The United States district courts are the federal trial courts 677 federal judges handle more than 375,000 cases per year These are commonly referred to as inferior courts These courts generally hear cases that raise questions about federal law or the federal constitution They may also hear cases involving citizens from different states

The Court of Appeals Created by Congress in 1891 Established to relieve the Supreme Court of much of the burden of hearing appeals from the district courts There are 13 federal courts of appeals in the United States 12 are grouped into regional circuits 1 is a special Court of Appeals for the Federal Circuit hears only appeals dealing with specific legal topics, primarily international trade, patent law, veterans issues and money claims against the federal government. Federal Judges

The President of the United States names federal judges The Senate, however, has to confirm the Presidents nomination The Constitution does not: Set an age limit for judges Set requirements for residence or citizenship Require that a judge have a professional background in law Appointed for life They serve until they resign, retire, or die in office Federal judges may be removed, however, through the impeachment process

Only 15 judges have been impeached, with only 7 out of the 15 have been removed by the Senate State and Local Courts State courts decide most cases involving state law, which include most criminal, family, contract, and juvenile law cases. 3 Types of courts Minor Courts (municipal courts) Specialize in a specific type of legal issue such as family law, traffic law, or juvenile law

General Trail Courts (district or county courts) Hear a wide range of topics from civil to criminal cases Appeals Court This includes the court of appeals or supreme court of the particular state Local courts are part of their state court system and decide cases involving local laws, like littering or parking violations.

Judges In most states judges are elected In all states, judges serve a limited term, but may be reelected If judges are not elected by the people they may be elected by the state legislature, appointed by the governor, or by a combination of appointment and popular election.

Chapter 13 Review Questions 1. What is original jurisdiction and which courts have it? 2. An appeals court can make one of three decisions. What are the three decisions? 3.

Why were federal appeals courts created? Who created them? 4. What type of cases can be appealed? 5. How is the federal court system structured?

6. Identify whether federal courts, state courts have jurisdiction over the following cases Scenario An Indiana resident sues an Ohio resident in a dispute over a large sum of money A police office charges a citizen with operation a motor vehicle recklessly. One Florida company sue another Florida company for marketing a product identical to its patented product. A school forbids a student from wearing an Islamic headscarf to school. The student sues the school for interfering with her First Amendment right to practice her religion. An Illinois citizen disputes the Internal revenue Services claim that he did not pay all taxes due. Divorcing parents compete for custody of their children.

The government seeks to stop a merger between two companies based on the Sherman Antitrust Act. A citizen of Texas sues a citizen of Idaho for damages to property totaling $8,000. A ships captain is charged with negligence in a shipwreck resulting in an oil spill off the coast of Alaska. A citizen files for bankruptcy. Jurisdiction THE SUPREME COURT OF THE UNITED STATES

Chapter 14 SELECTING AND DECIDING CASES AT THE SUPREME COURT Chapter 14.1 /14.2 What influences how the Supreme Court selects cases, decide cases, and interprets the Constitution?

The Supreme Court Article III of the Constitution Created the Supreme Court as one of the three branches Is The last resort in all questions of federal law The final authority in any case involving the Constitution, acts of Congress, and treaties with other nations The decisions of the Supreme Court are binding

on all lower courts The creator of making federal law in the United States uniform everywhere in the country The only court created by the Constitution The Supreme Court The Court is made up of the Chief Justice of the United States and eight associate judges The number of justices is NOT mentioned in the Constitution, it is

up to Congress to set the number. The head of the Supreme Court is called the Chief Justice Duties of the Chief Justice 1. Presides over sessions and conferences at which cases are discussed 2. Carries out a leadership role in the courts judicial work 3. Helps administer the federal court

system Chief Justice John Roberts Supreme Court Justices Neil Gorsuch Elena Kagan Supreme Court Justices Brett Kavanaugh

(newest member) Clarence Thomas Supreme Court Justices Ruth Bader Ginsburg Stephen G. Breyer Supreme Court Justices Samuel Alito, Jr.

Sonia Sotomayor Justice Date of Birth Appointed by Brett Kavanaugh

2/12/1965 Age: 53 Donald John Trump Clarence Thomas 6/23/1948 Age: 70 George H. W. Bush

Ruth Bader Ginsburg 3/15/1933 Age: 85 Bill Clinton Stephen Breyer 8/15/1938

Age: 80 Bill Clinton John G. Roberts 1/27/1955 Age: 63 George W. Bush

Samuel A. Alito, Jr. 4/1/1950 Age: 68 George W. Bush Sonia Sotomayor 6/25/1954 Age: 64

Barack Obama Elena Kagan 4/28/1960 Age: 58 Barack Obama Neil McGill Gorsuch

8/29/1967 Age: 51 Donald John Trump Sworn in 10/09/2018 10/23/1991

8/19/1993 8/3/1994 9/29/2005 1/31/2006 8/8/2009 8/7/2010

4/10/2017 Duties of the Supreme Court The main duty of the justices is to hear and rule on cases. Three decision making tasks: 1.Decide which cases to hear from among the thousands appealed to the Court each year 2.Decide the case itself 3.Determine an explanation for the decision, called the Courts opinion.

Judicial Review Federal and State courts have extraordinary power to decide the constitutionality of an act of government, whether executive, legislative, or judicial Ultimate power lays with the Supreme Court Marbury v. Madison stated the following Constitution is the supreme law of the land All legislative acts and other actions of government are inferior to the supreme law and cannot be allowed to conflict with it Judges are sworn to enforce the provisions of the Constitution, and therefore must refuse to enforce any government action they find to be in conflict with it

John Marshall as leader of the Supreme Court helped established the idea of judicial review and was the first justice to increase the power of the Court Choosing Cases About 9,000 cases are appealed to the Supreme Court every year The justices only decide on about 80 cases each term, which is less than 1% of the cases appealed to them There are three ways cases can reach the Supreme Court 1. Original Jurisdiction These cases involve two states or a state and the federal government involved in a dispute

These are a small part of the Courts workload-about 1 a year 2. Appeals Through State Court Systems These cases come from the states highest court, however the Supreme Court can only rule on federal issues that might apply 3. Appeals Through Federal Court Systems The most common cases heard by the Supreme Court Appeals Through Federal Court System

The justices are looking for several things when they choose which case to hear each year. 1. They may choose cases where lower courts have decided the same issue in different ways Looking for uniformity 2. They may also choose cases that raise major questions about the law that will have a national impact Such as abortion, gay marriage, the death penalty

3. They may also choose cases from people in prison who are appealing their criminal conviction These people must show that their case raises a question about a federal law or the Constitution and that question was answered differently by a lower court Writ of Certiorari An order from the Supreme Court to a lower court to send up the

records on a case for review This is the main way a case reaches the Supreme Court To appeal, the losing party sends the Court a petition for a writ of certiorari The document will ask the Supreme Court to hear the case and give them reasons why

Selecting Cases to Hear It is impossible for the Supreme Court to carefully review all of the petitions sent to the Court. As a result, the justices use law clerks, an attorney who assists a justice in reviewing cases, to help them find cases that clearly present a federal legal issue. The law clerks give the justices a summary of the cases that meets this criteria. The justices then meet to decide which cases they will hear. If 4 of the 9 justices agree to hear a case, then the

petition for certiorari is granted, and the case is scheduled for argument This is called the rule of four Arguing and Deciding Cases Oral Argument Compared to most trials, the Each side has a total of 30 minutes to Supreme Court hearings are typically present its case to the justices because short.

They do not hear witness testimony, accept evidence, or have a jury Once the Supreme Court decides to hear a case, each side must submit a written brief, a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case the justices already have read the briefs

and have studied the case Most of time is made up questions asked by the justices to the lawyers. Deciding the Case The Court in Conference Justices meet Wednesday and Fridays (from October-July) to consider the cases in which they have heard oral arguments Chief Justice presides over the conference (speaks first and usually indicates how he intends to vote)

Each associate judge will then summarize his/her views Presentations are made in order of seniority Deciding the Case Opinions 1. Majority Opinion The courts opinion, announces the Courts decision in a case and sets out the reasoning on which it is based

2. Unanimous Opinion When all of the justices agree on the case 3. Precedents Examples to be followed in similar cases as they arise in the lower courts or reach the Supreme Court

4. Concurring opinion To add or emphasize a point that was not made in the majority opinion 5. Dissenting opinion Often written by those judges who do not agree with the majority decision

Decisions of the Supreme Court become the law Lower courts are expected to follow its rulings, and if a law is overturned as unconstitutional, the executive branch must stop implementing that law. SELECTING SUPREME COURT JUSTICES

Chapter 14.3 What affects the selection process for Supreme Court justices? Nomination and Confirmation Since the Supreme Court decisions have a wide ranging impact on the country and because justices serve for life, the selection of a new justice is given a lot of debate and discussion. The Constitution does not say much about who should serve. It does have an age or citizenship requirement. There are only two requirements:

1. The president appoints federal judges 2. The Senate must confirm The Senate confirms about 80% presidential nominees Today, the confirmation hearings in the Senate have become very political and a large media event. In fact, the selection of a Supreme Court justice can be a major topic in a presidential campaign. The Selection of Supreme Court Justices

Presidents consider several factors when nominating a justice. Experience Expertise Integrity

Shared Ideological perspective Past rulings Gender and racial representation Historic Supreme Court Justices Sandra Day OConnor First Female Supreme Court Justice Thurgood Marshall

First African American Supreme Court Justice Historic Supreme Court Justices Sonia Sotomayor First Hispanic Supreme Court Justice William H. Taft

Only President to serve as a Supreme Court Justice CONSTITUTIONAL INTERPRETATION Chapter 14.4 How do judges decide what the Constitution means?

Interpreting the Constitution Judicial Restraint Judicial Activism The philosophy that courts should generally avoid overturning laws passed or actions taken by a democratically elected bodies In other words, only act when Congress or the president clearly

violates the Constitution Typically the belief of justices appointed by Republicans The philosophy that courts must sometimes step into political and social controversies in order to protect Constitutional rights In other words, the Court should help settle the social and political questions of the day

Typically the belief of justices appointed by Democrats Interpreting the Constitution Justices must decide how to determine what the text of the Constitution means when the words are unclear What is cruel and unusual punishment or what exactly is protected by your freedom of speech? There are two major influences on how justices decide cases: 1. Precedents In most cases, Supreme Court justices give great weight to existing precedent when deciding a case

On occasion, a justice might advocate for no adhering to precedent when they believe the original precedent was wrong 2. Judicial Philosophy Originalism-philosophy that interprets the Constitution by exploring the understanding of the text that people had when they adopted the Constitutionchange should come through a democratic process Critics argue that it is hard to figure out a 200 year old document and how it applies to changes in our world, like technology Living Constitution- philosophy that claims the Constitution is dynamic and that modern society should be considered Critics argue that this is an invitation for judges to make up the law, which is undemocratic

Chapter 14 Review Questions 1. How does the Supreme Court decide which cases to hear? 2. How are cases argued and decided by the Supreme Court? 3. What are the difference between majority, unanimous, and dissenting opinions? 4. What characteristics makes someone an ideal nominee for the Supreme Court? 5. What is the difference between judicial activism and judicial restraint?

CHAPTER 14 POWER-POINT ACTIVITY Which approach do you think is better when interpreting the Constitution-originalism or the living constitution viewpoint? Explain Responses should be a half page to page. HISTORICAL SUPREME COURT CASES MARBURY V. MADISON





AMENDMENT RIGHTS Chapter 15 What restrictions, if any, should be placed on our constitutional rights and freedoms? Freedom of Speech The First Amendment protects peoples political and personal expression. The freedom of speech is central to our democracy. This includes not only our verbal speech, but the right to hear, see, read, and to be

exposed to different messages and points of view Originally, the First Amendment was intended to protect people from having their speech punished by the federal government. Over the past 100 years, however, courts have ruled that other government officials, state and local governments, may not make laws abridging free speech either. The First Amendment exists to protect ideas that may be unpopular or different from those of the majority. Types of Speech

Pure Speech Symbolic Speech Verbal expression before an audience that has chosen to listen This is what most people think of when they hear the word speech. The use of actions and symbols, in addition to or instead of words, to

express ideas The freedom of speech protects not only the spoken word, but all forms of verbal and nonverbal communication: books, art, dance, film, photographs, and telecommunications and other media Sit-ins, flag waving, demonstrations, and wearing armbands or protest

buttons are an example Since symbolic speech involves action, the government can sometimes restrict it in ways that do not apply to pure speech Content Restrictions on Speech While our freedom of speech is important, it is not unlimited. Conflicts involving freedom of expression are among the most difficult ones that courts are asked to resolve

Because speech is such a fundamental freedom in our country, courts have rules that laws governing free speech must be clear and specific. Generally, the government cannot restrict speech based on what is being said-the content of the speech; however, there are a few specific categories of speech that can be punished based on content Content Restrictions on Speech Obscenity Anything that treats sex or nudity in an offensive or lewd manner, violates

recognized standard of decency, and lacks serious literary, artistic, political, or scientific value This can differ from one community to another Defamation False expression that injures a persons reputation Types

Slander Spoken Libel Written Content Restrictions on Speech Fighting Words Words spoken face-to-face that are likely to cause immediate

violence Commercial Speech Speech where the speaker is more likely to be engaged in commerce and the intended audience is commercial, actual, or potential consumers In other words, the government can ban or regulate commercial speech that is false or misleading or

provides information about illegal products Content Restrictions on Speech Seditious Speech Urging the resistance to lawful authority or advocating the overthrow of the government In recent times, the Supreme Court has ruled speech directed toward inciting immediate lawlessness and likely to produce such behavior could be punished

Time, Place, and Manner Regulations The government may make reasonable regulations governing the time, place and manner of speech Cities may require citizens to obtain permits to hold a march, or to stage a protest in a park, or when the protest can take place. The regulations of these actions must be viewpoint neutral; that is, they cannot promote or censor a particular point of view Speech in prisons, the military, and in public schools can be more restrictive

CHAPTER 15 POWER-POINT ACTIVITY With a partner, discuss the five types of speech that do have limits. Write down some of your ideas as to what extent the speech should be limited. Also, why do you think speech is more restricted in prisons, the military, and public schools? Explain your reasons. Freedom of the Press It protects us from government censorship of newspapers, magazines, books, radio, television, and film.

Traditionally, courts have protected the press from government censorship. Freedom of Petition and Assembly When individuals petition, they ask the government to take action or refrain from taking a planned action, and to work for them. This includes signing a petition, filing a lawsuit, writing a letter or e-mail, testifying before tribunals, and collecting signatures for ballot initiatives The right to assembly means people can participate in protests, parades, and other large events to show their unity and to show their

support or opposition to a government policy. Freedom of Religion The First Amendment prohibits the government from either endorsing or punishing religious belief or practice. Two Clauses The Establishment Clause Prohibits state and federal governments from setting up churches, passing laws aiding one or all religions or favoring one religion over another The Free Exercise Clause

Guarantee that prohibits government from unduly interfering with the free exercise of religion Freedom of Religion Establishment Clause Thomas Jefferson once referred to this as a wall of separation between church and state Cases involving the establishment clause have been among the most controversial to reach the Supreme Court. Example: Public vs. Private Schools Can the government give aid to schools?

Lemon Test Must have a secular, or nonreligious purpose In it main effect neither advance nor inhibit religion Avoid excessive entanglement of government with religion Free Exercise Clause Protects the right of individuals to worship as they choose as long as the

religious practice doesnt conflict with social norms or the rights of others CHAPTER 15 REVIEW QUESTIONS 1. For each of the following explain why the speaker should or shouldnt be able to say or do this A student writes an article for a public school newspaper that calls the principal names. A band performs a song at a concert that includes offensive racial slurs. A person posts a negative review on a website that claims a restaurant has a rat problem, but it does not.

2. Why is free speech essential to a democracy? 3. What content restrictions can be placed on speech? 4. What restrictions can the government place on the freedoms of petition and assembly? 5. Why is the freedom of religion essential to our democracy? CONSTITUTIONAL RIGHT TO A FAIR TRIAL Chapter 16

CONSTITUTIONAL RIGHTS BEFORE TRIAL Chapter 16.1 How does our democracy protect the rights of individuals suspected, accused, convicted, or acquitted of crimes? Rights of the Accused The government has a duty to protect society, but in the process of

investigating and prosecuting crimes, the government may not infringe on anyones fundamental rights The 5th and 14th Amendments of our Constitution says that the government may not deprive anyone of life, liberty, or property, without due process of law. This includes Notifying a person that he or she is accused of wrongdoing and the government intends to take action against that person Giving the affected person the right to respond to the accusation Search and Seizures

The 4th Amendment to the Constitution protects Americans from unreasonable government searches and seizures. Police need evidence to investigate and prosecute crimes, but getting evidence often requires the process of searching people or their property One way that police can show that a search is reasonable is by getting a search warrant. An order signed by a judge describing a specific place to be searched for specific items To get a search warrant, the police must state under oath that they have probable cause to suspect that someone has committed a crime

A reasonable basis to believe a person or premises are linked to a crime Searches Without a Warrant There are some instances when police are allowed to search without a warrant. Police officers safety is at risk Someone behaving suspiciously to check for weapons to protect themselves or bystanders; however it can only be a pat down They can search a lawfully arrested person to make sure that the person does not have weapons, means to escape, or evidence that may be destroyed Entering a building when chasing a suspect or during an emergency

They can search a vehicle if they have probable cause that the vehicle has contraband They are also allowed to seize an item in plain view Situations like fixed point searches at international borders and highway sobriety chechpoints. Seizure An arrest is considered a seizure under the 4th Amendment. A person can be arrested under a warrant issued by a judge, or without a warrant if a law enforcement officer has probable cause If a court decides that evidence in a case was gained through an illegal search, then the evidence cannot be used at trial against the defendant.

This is referred to as the exclusionary rule. In recent years the Supreme Court has established a good faith exception to the exclusionary rule. This means that evidence gathered in violation of the 4th Amendment may be allowed at trial if the police were acting in good faith and believed they had a valid warrant Interrogations A formal or official questioning The 5th Amendment protects people from self-incrimination, and the 6th Amendment ensures the rights to an attorney

Forced confessions and voluntary confessions without the request of a lawyer cannot be used in court The 5th Amendment also requires police to inform suspects in custody of their rights before questioning Miranda rights only applies to people who are in custody. CONSTITUTIONAL RIGHTS AT TRIAL Chapter 16.2 How does our democracy balance the

rights of the defendant and the search for truth? Presumption of Innocence The principle that one is considered innocent until proven guilty; the government has the burden of proof in a criminal trial In order to prove a defendants guilt in a criminal trial, each element of the crime must be proven beyond a reasonable doubt. The defendant does not need to prove that he or she did not commit the crime.

6th Amendment Right to a Jury Right to an Attorney Juries consists of citizens from the community in which the trial is taking place The jury is chosen by the attorneys for both sides of the case

At one point, except in cases involving the death penalty or life imprisonment, a defendant had the right to an attorney only if he or she could afford one. In 1938, the U.S Supreme Court extended the right to all federal cases, and in 1963 the Court extended this right to state courts as well Criminal defendant who cannot afford an attorney have one appointed to them free

of charge by the government. Other Rights at Trial 6th Amendment Speedy and Public Trial Confrontation of Witnesses 5th Amendment Freedom from self-incrimination CONSTITUTIONAL RIGHTS

AFTER TRIAL Chapter 16.3 How does our democracy protect the rights of individuals suspected, accused, convicted, or acquitted of crimes? Purpose and Types of Punishment When a defendant is found guilty, a judge usually decides the sentence. Most criminal laws set out basic sentencing structures, but judges have considerable freedom in choosing the type, length, and conditions of

the sentence. In a few states, jurors play a role in the sentencing Criminal sentences serve a number of different purposes If the goal is to keep the criminal from threatening the safety of the communityprison might be the best fit If the goal is to help the criminal change their behavior-probation, community service, or counseling might be appropriate CHAPTER 16 POWER-POINT ACTIVITY Put the following purposes of punishment in order from the most important to you to the least. Explain your reasoning for each of the purposes.

Incapacitation (preventing the person from doing the same thing again) Deterrence (discouraging others from committing similar crimes) Restitution (helping the injured parties recover) Retribution (getting back at the person for the harm done) Rehabilitation (helping the person become a better citizen)

Cruel and Unusual Punishment 8th Amendment prohibits cruel and unusual punishment Most punishment handed down by courts today are not considered cruel and unusual. Three-Strike Laws Capital Punishment death penalty Only used for murder and crimes against the nation, such as treason and espionage Since 1970, the Supreme Court has restricted the use of the death penalty People who are mentally disabled or people under the age of 18 may not be executed

Rights After a Conviction or Acquittal 5th Amendment Protection against double jeopardy Habeas Corpus Is a way for people who are imprisoned to challenge their confinement A defendant can apply to a court for a writ of habeas corpus, asking the court to determine whether his or her imprisonment is unlawful

Chapter 16 Review Questions 1. How does the criminal justice process protect the rights of the accused? 2. How does the 4th Amendment protect Americans from unreasonable searches and seizures? 3. Under what circumstances can a lawful search be conducted without a warrant? 4. Do you think that defendants who have court-appointed attorneys are at a disadvantage? Why or why not? 5. What rights at trial are protected by the 5th and 6th Amendments? 6. What are the purposes of punishment in our criminal justice system?


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