The Federal Courts

Consists of federal courts and judges Constitution gives Congress the power to create inferior (lower) courts to meet the nation’s needs -- two main types: District courts -- most cases involving federal laws are first heard in district courts -- U.S. divided into large geographic districts (which covers several states) Appellate courts -- courts that review cases that have been appealed from a lower court -- only considers whether the original trial was fair and legal -- their decisions can be appealed to the Supreme Court Supreme Court -- the highest court in the land (Congress has set the number of justices at nine, and they usually serve for life). Judicial Powers: To protect the Constitution Federal courts have the power to resolve disputes that involve national laws, the federal government, or the states. -- can also try people accused of breaking national laws Dispute only goes directly to Supreme Court if it involves a state or an ambassador from another country; otherwise has to come from a trial and then an appeal in lower courts -- could come eventually from national or state courts -- usually only review cases if they think a decision from a lower court might conflict with the Constitution or a federal law Supreme Court -- has the power of judicial review -- the power of the Supreme Court to decide whether laws and acts made by the legislative and executive branches are unconstitutional

Ch. 8 The Federal Courts Review

Chapter 7 Study Guide Answers What does the Bill of Rights do? The Bill of Rights lists our basic rights. Who is the person mainly responsible for the Bill of Rights? James Madison is the person mainly responsible for the Bill of Rights. The Bill of Rights is part of which document? The Bill of Rights is part of the United States Constitution. Whose job is it to protect our rights listed in the bill of rights? It is the job of the federal courts (judicial branch) to protect our rights. What are the five rights listed in the first amendment? Freedom of speech: includes symbolic speech; does not include speech that could endanger the public safety. Religion: Right to believe whatever you want, but you can’t do whatever you want in the name of religion (can’t break the law). Press: The free flow of information and ideas; can’t print lies or information that could be helpful to an enemy in wartime. Assembly: Use public property for meetings and demonstrations (i.e. parades, protests, political rallies). Must be done legally and peaceably. Right to petition: Means you can appeal to the government if you’re unhappy about something or some policy. Give one example of speech NOT protected under the first amendment. An example of speech not protected under the first amendment would be crying “fire” in a crowded movie theater (anything that could potentially endanger the public safety). What does the second amendment give us the right to? The second amendment gives us the right to bear arms. What does the third amendment state we are not legally obligated to do? Under the third amendment, we are not obligated to quarter (or house) soldiers in our homes. What does the fourth amendment protect us from? The fourth amendment protects us from unreasonable search and seizure. What is needed in order to search or seize property? A warrant is needed, which must be issued by a judge, in order to search and seize property. What five rights are we guaranteed under the Fifth Amendment? Right to a grand jury: determines whether or not the government has enough evidence to bring someone to trial. Double jeopardy: Once a person has been found not guilty, he cannot be tried again for the same crime. Self incrimination: A person has the right to remain silent; he does not have to testify against himself. Due process: The government must follow a clear set of rules (a process) as it carries out the law and takes your life, liberty, or property. Just compensation: If the government has to take someone’s land, they will offer a fair price. What is the right stated in the “Miranda Warning”? The main right stated in the “Miranda Warning” is the right to remain silent. What are the four rights stated under the sixth amendment? Right to a speedy and public trial, and an impartial jury. Right to a jury of people that live in the defendant’s area (jury of your peers). To hear and question all witnesses Right to an attorney As stated in the seventh amendment, we have the right to which type of trial depending on how much money a person is being sued for? What can a judge NOT do? Under the seventh amendment, we have the right to a jury trial depending on how much money is at stake in a civil trial. A judge cannot overturn a decision made by a jury. What are the four things that are prohibited under the eighth amendment? The four things that are prohibited (or not allowed) under the eighth amendment are: excessive fines, excessive bail, cruel and unusual punishments, and poor prison conditions. Under the ninth amendment, rights not listed in the Bill of Rights belong to whom? According to the ninth amendment, rights not listed in the Bill of Rights belong to the people. The tenth amendment states that powers not given to the national government are reserved for whom? According to the tenth amendment, powers not specifically given to the national government are reserved for the people and the states. What is meant by the term “double jeopardy”? The term “double Jeopardy” refers to a person being retried for a crime in which he has already been acquitted, or found “not guilty”. What does it mean to be indicted by a grand jury? To be indicted by a grand jury means that a person will be going to trial and will retain all of the rights listed in the fifth, sixth, seventh, and eighth amendments.

The Criminal Jusctice System CJS- all of the agencies, organizations, and personnel that are involved in prevention or, response to, crime including Persons charged with criminal offences Persons convicted of crimes Criminal jusctie professtionals Volunteers who work in the criminal jusctice system The CJS includes Crime prevention and crime reduction Arrest and prosecution of suspects Hearing of criminal cases by teh courts Sentencing and teh administration and enforcement of court orders Parole, forms of conditional release Supervision and assistance for ex-offenders released into the community Role and Responsibility of Government in the CJS Each level of government plays a role Division of responsibility, federal and provincial governments in the Constitution Act, 1867 The federal government decides which behaviours constitute criminal offences Provincial/territorial governments responsible for enforcing and administering the justice system Criminal Justice Administration Two competing perspectives on teh value systems underlying the administration of criminal jusctie 1. The Crime Control model: An orientation to criminal jusctise in which the protection of the community and the apprehensions of offenders are paramount. There are two competing perspectives on teh value system underlying the administration of criminal juscite 2. The due process model An orientation to criminal justice in which the legal rights of individual citizens, including crime suspects, are paramount An adversarial system of criminal justice Canadian criminal justice system is an adversarial system Defence lawyers/prosecutor present their cases before a neutral judge/jury The standard of proof is proof beyond a reasonable doubt Task Environments The task environment is the cultural, geographic and community setting in which the CJS operates, criminal justice personnel make decisions Media and Public Attitudes For most Canadians, news media stories primary source of information about CJS. Shows may oversimplify complex issues Tens to be biased toward sensational crime, simplify issues and public generalize from specific events Different Effects of the CJS Studies of the deterrent effect of criminal law suggest the law can serve as a deterrent only when certain conditions are present 1. Legal Sanctions (severe) applied if individuals engage in certain behaviours 2. Certainty of punishment 3. Sanction is applied swiftly when a crime is committed Restorative justice Restorative justice, alternative framework for responding to criminal offenders. Focus on Problem-solving Addressing the needs of victims and offenders Involving the community on a proactive basis and Fashioning sanctions that reduce the likelihood of reoffending There are a number of entry points in the criminal justice system where restorative justice approaches can be used Summary The criminal jusctie suystem (CJS) contains all of the agencies, organiztions, and personnel that are involved in teh prevention of, and response to crime There are 2 competing models of criminal justice administration: 1) due process and 2) crime control. The flow of cases through the justice system can be illustrated with a “funnel,” reflecting the fact that there is significant attrition in cases through the criminal justice process The role of discretion, ethics and accountability are pervasive considerations within the CJS CJS personnel work in various task environments that affect teh challenges faced There is variation in the oversight and accountability of criminal justice personnel For most Canadians, teh media is the primary source of information about the CJS Restorative justice has a number of features that distinguish it from the adversarial system

Dred Scott was born enslaved in Virginia in 1799. In 1833, he was purchased by Dr. John Emerson, an army surgeon, living in Missouri. At the time, the U.S. was divided into free states (where slavery was outlawed) and slave states (where slavery was allowed). The Missouri Compromise of 1820 made Missouri a slave state. But it also outlawed slavery in any territory north of it. In 1833, Dr. Emerson was assigned to a fort in Illinois, and later, a fort in the Wisconsin Territory. He took Dred Scott with him. They lived in these areas for years. Even though slavery was outlawed in both places, Emerson never freed Scott. Eventually, Scott was sent back to Missouri to live with Emerson’s wife, Eliza Sanford*. After the doctor died in 1843, Scott tried to buy his freedom. Sanford refused. With the support of his church, abolitionists, and friends, Scott sued to get it. His case ended up going all the way to the Supreme Court. The Arguments Scott sued using two Missouri laws. One said any person held in wrongful enslavement could sue for their freedom. The other stated any person taken to a free territory was automatically free, and could not be re-enslaved. Sanford argued that the Missouri laws applied only to someone moving to free areas by choice. Dr. Emerson was ordered by the army to move to his posts. Sanford also said that military authority was greater than the states’. And since they lived on military bases, Emerson did not have to follow state or territory laws. The Decision In a 7–2 decision, the Court ruled that Dred Scott was not free. Chief Justice Roger Taney stated that all people of African descent, free or enslaved, were not U.S. citizens. They did not have rights, like the power to vote or sue in court, so Scott’s case was invalid. But Taney did not stop there. He added that, because enslaved people were property, the Fifth Amendment protected the rights of enslavers. The Fifth Amendment says the government can’t take someone’s property without going through the courts or paying for it. Laws that banned slavery, like the Missouri Compromise, were unconstitutional. No level of government, Taney said, state or federal, could outlaw slavery.

8.1, 8.2, 8.3 The Federal Court System

How did the framers of the Constitution try to limit the power of the national government? Separation of Powers: a key constitutional principle that divides the functions of government among three branches (legislative, executive, and judicial) to prevent any one branch from gaining too much power How did the framers of the Constitution try to keep one branch of the government from dominating the others? A system of checks and balances Checks: allow one branch to block the actions of other branch Congress can pass laws, but the president can check this power through veto. Congress can check the president’s veto power by a two-thirds majority vote in each house. Judicial branch can check the actions of both Congress and the president through its power of judicial review and so declare a law, a treaty, or an executive action unconstitutional. Balances: allow each branch of the government to have some role in the actions and power of the other branches Judges, ambassadors, and cabinet members are appointed only if the president nominates them and the Senate approves the nomination. President can sign treaties, but they only take effect if the Senate approves them. Powers of judicial branch are also balanced by the other branches. -- The Supreme Court can declare laws unconstitutional, but the president chooses federal judges, and the Senate must approve the appointments. Congress can impeach federal judges.

Describe the structure and powers of the executive branch of the U.S. government. Executive Structure: Chief Executive: President -- needs a majority (270 votes) of the electoral vote to win -- if no majority -- goes to House of Reps (each state’s reps collectively get one vote for President: V.P. decided by Senate (each Senator getting one vote); 4 year term; can only be re-elected once (22nd Amendment); must be at least 35 years old and a natural-born citizen of the United States and resident for 14 years President’s Cabinet -- his formal advisors made up of the heads of executive departments (over a dozen departments today) (i.e. State Department (Secretary of State), Justice Department (Attorney General), Department of Defense (Secretary of Defense), Department of Health and Human Services, Department of Education, Department of the Interior, Department of Labor, Department of Commerce, Department of Agriculture, Department of Homeland Security, Department of Energy, Department of Transportation, Department of Housing and Urban Development) Executive Powers: Enforces the laws Can issue executive orders Can veto proposed legislation Acts as commander in chief of military With the consent of the Senate -- makes treaties with other nations Nominates ambassadors and Supreme Court justices, court of appeals judges, and district court judges (confirmed by the United States Senate) Can grant pardons to people convicted of violating federal (national) laws How can a U.S. President be removed? If commits certain crimes related to their duties -- House of Representatives can vote to impeach the president (to impeach = to formally accuse the president of the crimes specified in the Constitution) -- only three so far -- Donald Trump (2020), Bill Clinton (1998), and Andrew Johnson (1868); Nixon resigned before could be impeached (1974) If the House of Reps votes to impeach, the Senate puts the president on trial, with the senators serving as the jury. -- If found guilty, the president is removed.

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