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Criminal Justice and the Role of Punishment

Criminal Justice and the Role of Punishment

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Criminal Justice and the Role of Punishment

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  1. Criminal Justice and the Role of Punishment • - What is the role of our criminal justice system? How can punishments “form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defense, and promote the general welfare and the secure the blessings of liberty”? • - Society, offenders, and victims: whose interests should be served? • - Would society’s interests be better served by placing less emphasis on punishment? • - Or is retribution as essential element of our criminal justice system? • Should any felony crime be punishable by death?

  2. Independent judiciary - Should our justices be elected or selected? - What are the positive consequences of having our justices appointed by elected officials? - What are the negative consequences of having our justices appointed by elected officials? - What are the positive consequences of having our justices have unlimited terms of service? - What are the negative consequences of having our justices have unlimited terms of service?

  3. Some statements to consider: “ ...and as a result of the health care that they will get, they will be unshackled from the disabilities that those diseases put on them and have the opportunity to enjoy the blessings of liberty...” -Solicitor General Donald Verrilli, Oral argument before the US Supreme Court , March 2012 “...But I would respectfully suggest that it’s a very funny conception of liberty that forces somebody to purchase an insurance policy whether they want it or not.” -Plaintiff’s attorney Paul Clement, Oral argument before the US Supreme Court , March 2012

  4. Tuesday 3/18/14 • Please get out the following: • Judicial Branch Packet • Text book • Pocket Constitution

  5. Judicial Branch Constitutional Scavenger Hunt: Collaboration

  6. Pg. 4, Independent Judiciary • A system of appointed judges and courts that is separate from the other branches of government – part of the United States system of Checks and Balances and ensures Rule of Law • Article III

  7. Pg. 4, Independent Judiciary • Includes Supreme Court and other federal courts. • All federal judges have tenure and secure salary. • Protects against decisions because of personal interests. • Designed to keep judges away from political interests and influences. • Supreme Court can declare laws unconstitutional.

  8. Pg. 4, Judicial Review • Marbury v. Madison (1803) • Establishes the practice of JUDICIAL REVIEW – Supreme Court has power to overturn laws or actions that are deemed unconstitutional. Implied in Article III, but not specifically written. • Chief Justice John Marshall preserved the Supreme Court’s authority and gave power to review constitutionality of acts (or lack of) by Congress and Executive Branch. • Decision: Section 13 of the Judiciary Act violated the Constitution. Where do you stand?

  9. Pg. 4, Schools of Thought – Judicial Review • Judicial Restraint • Believe Judicial review should used sparingly in the first place. • Believe that only the Congress should push forward laws that will enact large changes to policy. • More popular with Conservative Judges. Judicial Activism • Based on the belief that it is the obligation of the SCOTUS to overturn bad precedents and promote socially desirable goals. • Belief that judges should take current moral, social and cultural beliefs and needs into consideration when making decisions. • More popular with liberal judges.

  10. Pg. 4, Strict vs. loose Constructionists • Strict Constructionists vs. loose Constructionists (the letter of the law vs. the spirit of the law) • Strict = “originalism” of the Constitution, there is not room for interpretation and is a legal doc. • Loose = “interpretivism” of the Constitution, we should be able to take into consideration cultural changes and changes in needs

  11. Block 3/19-20/14 • Please get out the following: • Judicial Branch Packet • Pen and pencil • Calendar

  12. Pg. 4, Decisions and Precedent Go to page 75 in your textbook. What is a precedent? What role do precedents play in judicial interpretation? Now go to page 294- When the Supreme Court affirms existing precedent or establishes a new precedent, it is exercising its power of Judicial Review. Explain why this is true.

  13. Pg. 4, Dual Court System and Jurisdiction • Split into State and Federal courts that operate independently from each other. • The Supreme Court and state supreme courts are considered the courts of last resort. • Most cases are heard at the state level – considered the “work horses” of courts. Dual Court System Check out pg. 285

  14. Pg. 4, Jurisdiction (pg. 286) • A court’s jurisdictionis the courts power to hear a case. The subject matter over which a court may exercise authority. • Limited (special cases, like traffic and bankruptcy) vs. General Jurisdiction (state and federal with a variety of cases) • Original (hearing a case for the first time) vs. Appellate (3 judge panels to hear an appeal to errors in a decision/manner in which a case was tried) • Article III Section 2- Jurisdiction of the SCOTUS • Disputes between States • Between States and the Federal Government • Constitutionality of Laws – Marbury v. Madison

  15. Pg. 4, How to Become a Judge • State Judge • Different from state to state • Judicial Election- Traditional Campaign • Retention Election • Judicial Appointment – By Governor Which method of selecting state judges do you think is best and why? • Federal Judge • Nomination • Appointment • Member of the SCOTUS • Nominated by the President • Usually an active Federal Judge. • Confirmed by the Senate • Following questioning and recommendations from the Judicial Committee.

  16. Read Chapter Pg. 73 and Ch. 4.5. Add to any notes to your packet pg. 4.

  17. Military Courts • Military has their own court system. • In some ways have higher standards of behaviors than civilian laws. • Veteran affairs estimate between 1 in 4 women in the military experience some type of sexual assault. • National estimates are 18-20% for civilians women • Women in the military are more likely to experience multiple sexual assaults than civilians. • Only 1 in 6 sexual assaults are even reported– (male and female) • Less than 21% of those cases go to trial. • Less than 50% of the cases end in convictions. • Superior officers in the military are allowed to administer non-judicial punishments. Without a jury, judge, or review they can punish subordinates with reduction in rank, loss of pay, restrictions of privileges, extra-duty, reprimands, and, aboard ships, confinement. SOURCE: Pentagon Report on sexual assault Should the military be allowed their own criminal justice system? What might be the benefits of having their cases heard by the civilian federal court system? What are the reasons for keeping it separate from the civilian court system?

  18. Remember, Judges are PEOPLE. The graph is dramatic. It shows that the odds that prisoners will be successfully paroled start off fairly high at around 65% and quickly plummet to nothing over a few hours . After the judges have returned from their breaks, the odds abruptly climb back up to 65%, before resuming their downward slide. A prisoner’s fate could hinge upon the point in the day when their case is heard.

  19. Pg. 5, Stages of a Supreme Court Case • Stage 1: Writ of Certiorari • Loser in the lower court writes to Supreme Court saying why they should hear the case • Often Class Action Suits (Many cases from lower courts combined together about one issue) ex. Brown v Board of Ed. • 4 of 9 Judges must agree to hear the case • Stage 2: Legal and amicus curiae (friends of the court) briefs (summary of main points) are filed. • Stage 3: Oral arguments are presented to the Court. • Stage 4: Justices meet in private conferences and decide to uphold or overrule a previous decision. • Stage 5: Opinions are written. • Decision is issued to the public through published opinions.

  20. Stage 5: Supreme Court Opinions • Can be up to three kinds of opinions on each SCOTUS case. • Explain the reasoning of the judges • Majority-at least 5 justices agree on how to decide the case which becomes the ‘law of the land’ and determines what happens – decision explains reasoning • Dissenting- 4 or fewer justices disagree with the majority and explain why – can have different dissenting opinions from each justice who disagrees • Concurring- 1 or more justices agree with the majority decision but for different legal or constitutional reasons. Think about Judicial Activism, the relationship between the Judicial Branch and the Legislative Branch and the case I described to you with Ruth Bader Ginsburg’s dissenting opinion on the Ledbetter v. Goodyear Tire & Rubber Co. What is the purpose of including the opinions of all the judges on SCOTUS cases?

  21. Executive and Judicial Branches CFA • Write on the assessment • Test in pencil and correct with pen

  22. Executive and Judicial Branches CFA • People who believe that interpretation of the Constitution and laws should be influenced by consideration of current social and political conditions. _____ C • Power to review cases already decided by lower courts ____A • Reflects most of the Court’s conclusion about a trial ____H • Federal system’s trial courts _____M • Courts’ authority to hear a case’s initial trial _____E • People who believe that interpretation of the Constitution and laws should be limited to the words they contain. __B • Power to declare laws and executive acts unconstitutional. ____ J • Legal decisions set as an example for future decisions ___ N

  23. 9. To carry out laws made by Congress, the president can issue rules called executive • b. orders. • 10. The president’s power to appoint Supreme Court justices is checked by • the Senate’s power to reject nominations. • 11. According to the Constitution, the vice president • c. presides over the Senate and is first in line to succeed the president. • 12. Congress creates independent agencies to • c. assist the president in doing the executive branch’s work. • 13. During the first year of the Civil War, Abraham Lincoln used all of his powers without prior approval of Congress. In doing so, which two presidential roles was he most fulfilling? • chief of state • chief policymaker • chief diplomat • chief of party • chief citizen • chief executive • chief manager of the economy • commander-in-chief Executive and Judicial Branches CFA This is = 2 Qs

  24. TOTAL SCORE: 14 – ADV+/A+ 13 – ADV/A 11/12 – PRF/B 10 – PRF-/B- 9 – BSC/C 7-8 – BB/D 0-6 – FBB/F

  25. 3 Branches Simulation Roles and Preparation • Take a few moments to read over the directions/rubric for this 1 week long simulation • Read over your role on the back side to brief yourself on the specifics of the simulation for YOU. • I will assign you more specific roles as you read. • Friday will be an ALL day individual prep. day

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