Course Law Enforcement I. Unit III United States Legal Systems

Transcription

1 Course Law Enforcement I Unit III United States Legal Systems Essential Question What courts hear which cases and how is this determined? TEKS (c) (5)(C)(D) Prior Student Learning Crime and Punishment Estimated Time 5 to 7 hours The State and Federal Court Systems Rationale An officer needs to have a basic understanding of the state and federal court structures and how it is determined which courts hear which cases so they can be adequately prepared. Objectives The student will be able to: 1. Identify the levels and their functions of a state and federal court system 2. Describe the effects each level of the court system has on a case 3. Illustrate how a case moves through the court system by creating a judge s résumés and writing a news article on an inmate s journey to death row 4. Critique and analyze the accuracy of other students résumés and reports Engage Use the following scenario and questions for a class discussion. Use the Discussion Rubric for assessment. You are an officer and have pulled over a traffic violator. You give the violator a ticket and they ask you what court they should go to for the ticket. What will you tell them? Later in your shift you respond to an aggravated assault call. You arrest the suspect for this felony. As you are booking him into the jail, he asks you what type of court he will be going to for his trial. What will you tell him? Key Points I. Dual Court System A. There are separate state and federal court systems B. Federal courts deal with matters of federal law C. State courts deal with matters of state law D. Whether a case enters through the federal or state court system depends upon which law has been broken II. Criminal Court Structure A. Each court system basically consists of the following: 1. Higher Courts (superior) 2. Lower Courts (inferior) B. The type of law defines the jurisdiction of each court C. There is one court of last resort D. There are some specialty courts 1

2 III. Four Tier State Court Systems state court systems are structured as follows (from highest to lowest) A. Court of Last Resort B. Appellate Courts C. Courts of General Jurisdiction D. Lower Courts IV. Lower Courts A. Limited in what they can do B. Can generally hear minor cases and conduct some pretrial activities for more important ones C. Most organized at the town, municipal, or county level D. Referred to as the lower courts or misdemeanor courts E. Dispose of minor cases F. Sentencing options are restricted V. Courts of General Jurisdiction A. Controlled by state law B. Conduct preliminary activities and trials for felonies C. Conduct appeals from lower courts (trial de novo) D. Have general authority to conduct trial and pretrial activities in all criminal cases E. Courts of record F. Have exclusive jurisdiction to try felony cases VI. Appellate Courts A. There are rights of appeal as determined by law B. An appeal is not a new trial C. The courts review previous trials for procedural errors D. There may be two levels of appeals courts E. Appellate courts do not try cases F. An appeal is based on some contention of law G. Oftentimes more than one judge reviews a case H. The Appellate Courts may 1. Order a new trial 2. Allow the defendant to go free 3. Uphold (sustain) the original verdict VII. State Courts of Last Resort A. Each State has a court of last resort B. In most instances, this is referred to as the State Supreme Court C. It is the highest state court D. It reviews issues of law and facts appealed from the trial courts E. In Texas criminal cases, it is the Court of Criminal Appeals F. Cases appealed from this court go to the United States Supreme Court 2

3 VIII. Federal Court Structure (From highest to lowest) A. United States B. Supreme Court C. United States Courts of Appeal D. United States District Courts IX. United States District Courts A. Each state has at least one Federal District B. There are ninety-four districts in the U.S. C. These are the primary trial courts of the U.S. system X. United States Courts of Appeal A. These are also called the Circuit Courts because the jurisdiction covers a large geographical area B. They are usually located in major cities C. They review cases from lower courts D. These cases involve constitutional issues XI. United States Supreme Court A. This is the highest court in the land B. Their decisions become precedents C. They may choose to hear or not hear most of their cases D. It uses the writ of certiorari to get case records E. Nine Justices (one Chief Justice and eight Associate Justices) F. The full Court hears about one hundred cases per year G. Four justices must vote to hear a case H. There are majority, minority, and dissenting opinions Activities 1. Have students complete the State and Federal Court System open-note review quiz. 2. Have students apply for a United States Supreme Court position. They must submit a résumé that lists the imaginary judicial positions they have held. Each student will present his or her résumé to a committee of congressmen played by the other students from the class. The résumés will include a minimum of three state judge positions and one federal judge position and list the duties they had, such as describing the kinds of cases they ruled on and the ramifications of their rulings on the next case. The more thorough and accurate the résumé, the higher the grade. To extend the lesson have the class research additional qualifications of a Supreme Court judge online. Use or have the students playing committee members use the Résumé Rubric for assessment. 3

4 3. Have the students play the role of an investigative newspaper reporter. They get news of a death row inmate who is scheduled to die soon but has not wavered on his claim of innocence. The students assignment from their newspaper company is to research the inmate s crime and how his case progressed through the court system. With the knowledge that the United States Supreme Court will have the final say if the inmate s execution will go forth on the day of the execution, the students will need to document how the inmate s case progressed through the state court system first, then proceed to the Supreme Court on the day of his execution. The students must remember that they are writing to a public that may not be educated about the court system. To extend the activity, have the students use various software programs to create the reports. Additionally, the students may work in pairs to present their reports to the class. Use the Writing Rubric for assessment. Have the students use the Peer Evaluation Rubric to assess each other and the Group Evaluation Rubric to grade each pair. Have them watch for creativity and accuracy of the progression of the case. Assessments The State and Federal Court Systems Exam and Key The State and Federal Court Systems Quiz and Key Discussion Rubric Group Evaluation Rubric Peer Evaluation Rubric Research Rubric Résumé Rubric Writing Rubric Materials The State and Federal Court Systems computer-based presentation Computers with Internet access Resources Larry Bassi, The College at Brockport, State University of New York Accommodations for Learning Differences For reinforcement, students will research recent U.S. Supreme Court cases and backtrack how they reached the Supreme Court. Use the Research Rubric for assessment. For enrichment, students will research the qualifications of a judge at each level of the state and federal court system, and describe the process of how the judges are selected. Use the Research Rubric for assessment. 4

5 State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education Law Enforcement I (One to Two Credits). (5) The student explores the United States legal system and the requirements for law enforcement. The student is expected to: (C) analyze the similarities, differences, and interactions between state and federal court systems; (D) illustrate the progression of a case as it moves through local, state, and federal jurisdiction; College and Career Readiness Standards English/Language Arts Standards I. Writing A. Compose a variety of texts that demonstrate clear focus, the logical development of ideas in well-organized paragraphs, and the use of appropriate language that advances the author s purpose. 1. Determine effective approaches, forms, and rhetorical techniques that demonstrate understanding of the writer s purpose and audience. Social Studies Standards I. Interrelated Disciplines and Skills C. Change and continuity of political ideologies, constitutions, and political behavior. 1. Evaluate different governmental systems and functions. Cross-Disciplinary Standards II. Foundational Skills B. Writing Across the Curriculum 2. Write in a variety of forms for various audiences and purposes. 5

6 Name Date State and Federal Court Systems Exam 1. What determines whether a case enters through the state or federal court system? a) the court system that has the fewest cases at the time b) which law has been broken c) the type of prison system that has the most room for inmates if the person is found guilty d) a and c only 2. What are the higher courts referred to as? a) superior b) inferior 3. What defines the jurisdiction of each court? a) city and county populations b) court decisions c) judges d) law 4. How many courts of last resort are there in each court system? a) 1 b) 2 c) 3 d) 6 5. What state courts conduct some pretrial activities for more important ones? 6. What state courts can order a new trial? 7. What types of state courts are mostly organized at the town, municipal, or county level? 6

7 8. What state courts have sentencing options restricted? 9. What state courts are controlled by state law? 10. What state courts review issues of law and fact appealed from the trial courts? 11. What state courts are courts of record? 12. What state courts review previous trials for procedural errors? 13. What state courts generally hear only minor cases? 14. What state courts hear appeals in the form of trial de novo? 15. What state courts can allow a defendant to go free or uphold an original verdict? 7

8 16. What type of state courts are referred to as misdemeanor courts? 17. What state courts conduct preliminary activities and trials for felonies? 18. What state courts do not try a case? 19. What state courts may have more than one judge? 20. What are the highest state courts? 21. At least how many federal districts does each state have? a) 1 b) 2 c) 3 d) How many federal districts are there in the U.S.? a) 24 b) 50 c) 52 d) Which federal court must have four justices vote to hear a case? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 8

9 24. Which federal court is also called the Circuit Court because the jurisdiction covers a large geographical area? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 25. Which federal court has nine justices? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 26. Which federal court reviews cases from the lower courts? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 27. Which federal court hears about 100 cases per year? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 28. Which federal court hears cases involving constitutional issues? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 29. Which federal court is the highest court in the land? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 30. Which federal court is the primary trial court of the U.S. system? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 31. Which federal court makes decision that become precedents? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 32. Which federal court is usually located in a major city? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 9

10 33. Which federal court may choose what cases they hear? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 34. Which federal court uses the writ of certiorari to get case records? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 35. Which federal court issues majority, minority, and dissenting opinions? a) U.S. District Courts b) U.S. Courts of Appeals c) U.S. Supreme Court 10

11 State and Federal Court Systems Exam Key 1. B 2. A 3. D 4. A 5. A 6. C 7. A 8. A 9. B 10. D 11. B 12. C 13. A 14. B 15. C 16. A 17. B 18. C 19. C 20. D 21. A 22. D 23. C 24. B 25. C 26. B 27. C 28. B 29. C 30. A 31. C 32. B 33. C 34. C 35. C 11

12 Name Date State and Federal Court Systems Quiz What determines whether a case enters through the state or federal court system? 1. What are the higher courts referred to as? 2. What defines the jurisdiction of each court? 3. How many courts of last resort are there in each court system? 4. Which state courts conduct some pretrial activities for more important ones? 5. Which state courts can order a new trial? 6. Which types of state courts are mostly organized at the town, municipal, or county levels? 7. Which state courts have sentencing options restricted? 8. Which state courts are controlled by state law? 9. Which state courts review issues of law and fact appealed from the trial courts? 10. Which state courts are courts of record?

13 Which state courts review previous trials for procedural errors? 12. Which state courts generally hear only minor cases? 13. Which state courts hear appeals in the form of trial de novo? 14. Which state courts can allow a defendant to go free or uphold an original verdict? 15. Which type of state courts are referred to as misdemeanor courts? 16. Which state courts conduct preliminary activities and trials for felonies? 17. Which state courts do not try a case? 18. Which state courts may have more than one judge? 19. What are the highest state courts? 20. At least how many federal districts does each state have? 21. How many federal districts are there in the U.S.? 22. What federal court must have four justices vote to hear a case? 13

14 23. What federal court is also called the Circuit Court because its jurisdiction covers a large geographical area? 24. What federal court has nine justices? 25. What federal court reviews cases from the lower courts? 26. What federal court hears about one hundred cases per year? 27. What federal court hears cases involving constitutional issues? 28. What federal court is the highest court in the land? 29. What federal court is the primary trial court of the U.S. system? 30. What federal court makes decisions that become precedents? 31. What federal court is usually located in a major city? 32. What federal court may choose what cases they hear? 33. What federal court uses the writ of certiorari to get case records? 14

15 34. What federal court issues majority, minority, and dissenting opinions?

16 1. Which Law Has Been Broken 2. Superior 3. Law Lower Courts 6. Appellate Courts 7. Lower Courts 8. Lower Courts 9. Courts of General Jurisdiction 10. Courts of Last Resort 11. Courts of General Jurisdiction 12. Appellate Courts 13. Lower Courts 14. Courts of General Jurisdiction 15. Appellate Courts 16. Lower Courts 17. Courts of General Jurisdiction 18. Appellate Courts 19. Appellate Courts 20. Courts of Last Resort U.S. Supreme Court 24. U.S. Courts of Appeals 25. U.S. Supreme Court 26. U.S. Courts of Appeals 27. U.S. Supreme Court 28. U.S. Courts of Appeals 29. U.S. Supreme Court 30. U.S. District Courts 31. U.S. Supreme Court 32. U.S. Courts of Appeals 33. U.S. Supreme Court 34. U.S. Supreme Court 35. U.S. Supreme Court State and Federal Court Systems Quiz Key 16

17 Name Date Discussion Rubric Objectives 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Participates in group discussion Encourages others to join the conversation Keeps the discussion progressing to achieve goals Shares thoughts actively while offering helpful recommendations to others Gives credit to others for their ideas Respects the opinions of others Involves others by asking questions or requesting input Expresses thoughts and ideas clearly and effectively Total Points (32 pts.) Comments: 17

18 Name Date Group 1 Group Evaluation Did the group take the assignment seriously? Could you tell what the group was trying to portray? Was the group portrayal creative? Did the group include the correct elements? Would you like to see this group demonstrate their talent for you in the future? Total Score Group 2 Did the group take the assignment seriously? Could you tell what the group was trying to portray? Was the group portrayal creative? Did the group include the correct elements? Would you like to see this group demonstrate their talent for you in the future? Total Score 18

19 Group 3 Did the group take the assignment seriously? Could you tell what the group was trying to portray? Was the group portrayal creative? Did the group include the correct elements? Would you like to see this group demonstrate their talent for you in the future? Total Score Group 4 Did the group take the assignment seriously? Could you tell what the group was trying to portray? Was the group portrayal creative? Did the group include the correct elements? Would you like to see this group demonstrate their talent for you in the future? Total Score 19

20 Group 5 Did the group take the assignment seriously? Could you tell what the group was trying to portray? Was the group portrayal creative? Did the group include the correct elements? Would you like to see this group demonstrate their talent for you in the future? Total Score Group 6 Did the group take the assignment seriously? Could you tell what the group was trying to portray? Was the group portrayal creative? Did the group include the correct elements? Would you like to see this group demonstrate their talent for you in the future? Total Score 20

21 Your Name Your Group Number Peer Evaluation 1) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 2) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 21

22 3) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 4) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 22

23 5) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 6) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 23

24 Name Date Objectives Question/goal Student identified and communicated a question or goal of the research 4 pts. Excellent Research Rubric 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information Conclusion/Summary Student drew insightful conclusions and observations from the information gathered. Information is organized in a logical manner Communication Student communicated the information gathered and summary or conclusions persuasively. Student demonstrated skill in the use of media used to communicate the results of research Reflection Student reflected on the importance of the research and its potential application Total Points (20 pts.) Comments: 24

25 Name Date Objectives 4 pts. Excellent Résumé Rubric 3 pts. 2 pts. Needs Some Good Improvement 1 pt. Needs Much Improvement N/A Pts. All and only important résumé parts are included. Order of résumé parts fits the applicant's assets and position. Résumé items highlight strengths of the applicant. White space, margins, and tabs used effectively and attractively. Strong action verbs are used. Information is clearly provided. Total Points (24 pts.) Comments: 25

26 Name: Date: Writing Rubric Objectives The writing has all required parts from introduction to conclusion in smooth transition. The writing is interesting, supportive, and complete. The writing demonstrates that the writer comprehends the writing process. Accurate spelling, grammar, and punctuation 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. The content of paragraphs emphasizes appropriate points. The writer shows an understanding of sentence structure, paragraphing, and punctuation. All sources and references are clearly and accurately documented. Total Points (28 pts.) Comments: 26