The Two Court SystemThe Two Court System

Federal Court SystemFederal Court System&&

Kansas Court SystemKansas Court System

*Adversarial System of Justice in The United States of *Adversarial System of Justice in The United States of AmericaAmerica

Chief Justice Lawson Nuss and officers from the Ft. Leavenworth International Officers Class of 2011

Types of CourtsTypes of CourtsA. Municipal CourtA. Municipal Court

1. Jurisdiction1. Jurisdiction

2. Types of Cases2. Types of Cases

3. Location3. Location

Types of CourtsTypes of CourtsB. District CourtB. District Court

1.Jurisdiction1.Jurisdiction

2. Types of Cases2. Types of Cases

3. Location3. Location

Fourth Judicial DistrictFourth Judicial DistrictA. Magistrate JudgesA. Magistrate Judges

Magistrate Kevin KimballMagistrate Kevin Kimball

B. District JudgesB. District Judges

Douglas WittemanDouglas Witteman

Court of AppealsCourt of AppealsA. JurisdictionA. Jurisdiction

B. Types of CasesB. Types of Cases

C. JudgesC. Judges

Kansas Supreme CourtKansas Supreme CourtA. JurisdictionA. Jurisdiction

B. Types B. Types

C. Location C. Location

Supreme CourtSupreme Court

US Supreme Court

US Supreme Court

US Supreme Court

Clarence ThomasAntonin Scalia Chief Justice John Roberts

AnthonyKennedy

Ruth Bader-Ginsburg

Stephen Breyer Sam AlitoSonia

SotomayorElena Kagan

US Supreme Court

US Law.com

Elena Kagan

Federal CourtsFederal CourtsA Constitutional CourtsA Constitutional Courts

1. 1. Federal District Courts District Courts

- KS - KS

Federal CourtsFederal CourtsA Constitutional CourtsA Constitutional Courts

1. 1. Federal District Courts District Courts

- Kansas has 3- Kansas has 3

Federal Courts Federal Courts A Constitutional CourtsA Constitutional Courts

1. 1. Federal District Courts District Courts

a. Types of Juriesa. Types of Juries

- Grand Jury (def.)- Grand Jury (def.)

Indictment (def.)Indictment (def.)

- Petit Jury (def.)- Petit Jury (def.)

b. Jurisdictionb. Jurisdiction

Federal Question??Federal Question??

2. 2. Officers of the of the Court

Federal CourtFederal CourtA Constitutional CourtsA Constitutional Courts

3. Federal Court of Appeals- Est. 18913. Federal Court of Appeals- Est. 1891

a. Decisiona. Decision

1.) uphold the decision1.) uphold the decision

2.) reverse the decision2.) reverse the decision

3.) send case back to be 3.) send case back to be retriedretried

I. What are the written I. What are the written sources of American sources of American

criminal law?criminal law?Constitutional Law

Statutory Law-federal statute-state statute-city/county ordinances

Administrative Law

Common Law (Case Law)Precedent (def.)

II. Why do societies need II. Why do societies need laws?laws?On Your Own Notes – O.Y.O

Protect and Punish: The Legal Function of the Law (p. 51)

--

Maintain and Teach: The Social Functions of the Law (p.51)

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III. What is the difference III. What is the difference between civil and criminal law?between civil and criminal law?

Civil v. Criminal LawCivil v. Criminal Law

1. Civil Law (def.)1. Civil Law (def.)

-Liability (def.)-Liability (def.)

- Preponderance of the Evidence(def.)- Preponderance of the Evidence(def.)

2. Criminal Law (def.)2. Criminal Law (def.)

- Beyond a Reasonable Doubt (def.)- Beyond a Reasonable Doubt (def.)

IV. What are the different categories of crime?IV. What are the different categories of crime?

-Infractions (def.) -Misdemeanors (def.)-Infractions (def.) -Misdemeanors (def.)

-Felony (def.)-Felony (def.)

VII. How do criminal VII. How do criminal procedures protect our procedures protect our constitutional rights?constitutional rights?Due Process of LawDue Process of Law

(5(5thth Amendment – Fed. /14 Amendment – Fed. /14thth Amendment – Amendment – State)State)

Substantive Due ProcessSubstantive Due Process

Procedural Due ProcessProcedural Due Process

Adversary SystemAdversary System

Presumption of InnocencePresumption of Innocence

Criminal LawCriminal LawBill of RightsBill of Rights

- 4- 4thth Amendment Amendment

-5-5thth Amendment Amendment

Criminal LawCriminal LawBill of RightsBill of Rights

- 6- 6thth Amendment Amendment

- 8- 8thth Amendment Amendment

Basic Steps in a Criminal ProcedureBasic Steps in a Criminal Procedure

InvestigationInvestigation

ArrestArrest

Booked into Jail/Bond Out/BailBooked into Jail/Bond Out/Bail

Initial AppearanceInitial Appearance

Preliminary HearingPreliminary Hearing

ArraignmentArraignment

Criminal ProcedureCriminal Procedure

Trial/Plea BargainTrial/Plea Bargain

ConvictionConviction

Pre-sentencing InvestigationPre-sentencing Investigation

SentenceSentence

Options: Jail TimeOptions: Jail Time

ProbationProbation

FinesFines

TreatmentTreatment

VocabularyVocabularyBarron’s Law Dictionary 4Barron’s Law Dictionary 4thth

Ed. Ed. Guilty- requires that the evidence indicate beyond a reasonable doubt … that the defendant committed the crime.

Not Guilty – not guilty does not mean the jury found the accused innocent, but simple that the state failed to prove its case beyond a reasonable doubt.

Acquit – at the close of the trial, either a jury or court determines that the person has been absolved of the charges which were the bases of the actions – a verdict of “not guilty” acquits the defendant and prevents his retrial under the principle s of double jeopardy.

Criminal ProcedureCriminal Procedure-Crime Occurs -Citizen Calls Police

-Police Officer Dispatched

-Preliminary Investigation

Crime Report Prepared

Investigation by detective division or patrol officer

No Arrest

No Charges

Arrest

Booked into Jail

Charges Brought

DiversionInitial Appearance

Preliminary Hearing

Bind Over, Grand Jury (usually at st.)

Prepared for Arraignment

Not Bound Over, No Indictment

Arraignment

Case Preparation

Pretrial Motions

ArraignmentCase PreparationPretrial Motions

Guilty Plea

Jury Selection & Trial

Bench Trial

Dismissal/ Acquittal Conviction

Presentence Investigation

Sentencing (PSI)

Incarceration

-Comm. Corrections

-Jail

-Prison (Parole)

Supervised Probation

Home Confinement

“Other Options”

Fines, Restitution, Suspended Sent., Condi. Treatment, Unsupervised Probation

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