Week 7: The Judicial Branch and the Criminal Justice System

common law system definition

a legal system founded not only as laws enacted by legislatures but also on court rulings that in turn are based on custom, culture, habit, and previous judicial decisions

the common law tradition, based upon precedent and embodied in case law, is thd foundation of the us legal system

civil law definition

a branch of law governing personal, non criminal issues

statutory law definition

the body of laws created by a legislature, as opposed to those laws originating from a constitution or some other source

and individual law = statute 

criminal law

a branch of law governing crimes and their punishments 

3 ways that the constitution affects laws 

• specifies requirements and terms of office for members of congress

• it protects individual rights and liberties

• it allows the fed gov to regulate interstate commerce 

highest legal authority for the justice system in the state

tx constitution

ordinances defintion

a regulation enacted by a municipality or other local government. like statues, ordinances have the force of law but must comply with state and national laws. municipal and other local ordinances are issued under the authority derived from a grant of power by a sovereign entity

original jurisdiction 

a court’a authority to hear and decide cases for the first time

concurrent jurisdiction 

the situation occurring when 2 or more court systems both have original jurisdiction in a case or when 2 or more agencies both have the power to deal with a problem or case. ordinarily, the courts or authorities will decide among themselves which one shall consider the case or consider it first

appellate jurisdiction

the authority of a court, board, or commission to review and either uphold or overturn decisions previously made by lower courts

appeals process

local court types

justice of the peace and municipal

county court types

constitutional county, statutory county, statutory probate

court of criminal appeals

9 judges, statewide final appellate over criminal cases, discretionary review

Supreme Court of TX

civil suits and cases involving juveniles, chief justice and 8 others, many administrative duties, issue orders

adversarial system 

a key feature of the Anglo American common law tradition in which the parties on either side of a legal action take the position of opponents or adversaries before the court, which decides the winner of the legal conflict

appeals court judge qualifications

must be licensed for 10 years, 35+ yrs old, tx and us citizens

characteristics of the judiciary 

• 1/3 women

• over ½ over 55, 1/3 over 65

• nearly ¾ white as of 2024

• republican dominance since 1990s

Hamilton theory

the framers of the constitution believed judges needed to follow legal rules in order to protect the ppl from arbitrary power → judicial independence, political branches responsible for appointments

how are judges selected in tx?

voted on

ppl usually pick their party 

what three distinct institutions administer criminal justice?

1. law enforcement - primary municipal police and county sheriffs and dps

2. courts - criminal trial and appeals court systems

3. corrections  - system of incarceration and parole

how has tx’s past influenced the justice system?

• racial disparity

• institutional racism

• black ppl disproportionately represented in prison pops - 32% of prisoners, 11.8% if citizens

• patterns similar with death row

public opinion on police

• police favorability higher among white texans than black and hispanic texans

• hispanic and black texans more in favor of educating the police than white texans

due process

the principle that gov must protect the legal rights of citizens. these protections are grounded in the bill of rights and inform the us judicial system.

adjudication 

a legal process whereby an arbiter or judge makes legal judgement on a disputed matter

sheriff

county level peace officer elected to serve 4 yr terms. responsible for operating the county jails, investigating crimes, and coordinating with other law enforcement agencies

constable

a county level licensed peace officer who serves legal documents and is a bailiff for the justice of the peace court

bailiff

a court official who maintains order and looks after prisoners

jurisprudence

the conceptual study of law or a legal system

Texas Penal Code

the principle code for criminal justice in the state of tx

felony

a serious crime, such as kidnapping or murder, usually punishable by imprisonment of over one year or by the death penalty

grand jury

an unbiased group of citizens that determines whether there is a probable cause to charge an individual with a crime

indictment

a formal, written accusation submitted to a court by a grand jury alleging that a specific person has committed a specific crime, usually a felony. an indictment is a way of charging someone with committing one or more offenses and stating that there are sufficient grounds for the court to proceed with a trial

misdemeanor

a minor criminal offense, such as possession of small amounts of marijuana, assault without bodily injury, or theft of goods and services whose value does not exceed $1500. tx law specifies 3 classes (a,b,c) depending on the severity.

bail

a way for a person accused of a crime to win release from custody before trial by depositing or pledging money or property to a court. the deposit or pledge serves as a promise that the accused will return and submit to the court at a specified time and place. if the accused fails to appear, their bail is forfeited and paid over to the court. a grant of bail may depend on a court’a judgment of the accused’s reputation, potential threat to a community, and flight risk.

capital felony

a crime that many be punishable by execution. in tx and other states where execution is a punishment option, capital murder is the only crime currently punishable by death.

enhanced punishment

the policy of adding additional prison time or other penalties to the sentences of repeat offenders to discourage recidivism.

parole 

the conditional release of a prisoner before they have completed their sentence 

probation 

court ordered supervision for adult offenders that is overseen by a probation agency

how do most texans feel about the death penalty?

in favor, republicans more likely to be in favor

recidivism

a return to criminal activity by a person who had previously been convicted of and punished for a crime. recidivism rates refer to either to the frequency at which criminals reoffend, policymakers are concerned with recidivism rates as a measure of the success or failure of the efforts to rehabilitate criminal offenders.

why did the founders view the judicial branch as the least dangerous?

no control over financial resources

jurisdiction 

the power, right, or authority to interpret and apply the law

Marbury v Madison

judicial review

judicial review

the power of federal courts to review the constitutionality actions taken by the legislature and executive branches

trial courts

a court of law where a legal dispute is usually heard first, where evidence is presented, and facts are established

stare decisis

“to stand by things decided”

principle that compels courts to follow precedent — legal principles established in previous court decisions — when ruling on similar issues

different us courts

us supreme court - court of last resort (if they refuse to hear a case, it’s usually the last legal challenge a party can make)

us court of appeals - 13 (12 regional and 1 fed circuit) historically judges had to travel along circuits to hear cases

us district courts - 94 districts each with bankruptcy courts and is court of international trade and us court of federal claims

tx system of courts

1. supreme court and court of criminal appeals

2. court of appeals

3. district courts

4. constitutional county courts and county courts at law and statutory probate courts

5. municipal courts and justice of the peace courts - limited jurisdiction

judicial philosophy 

the framework that a judge uses to help guide their decision making

senatorial courtesy

a long standing informal custom where the prez or the senate defers to a home state senator’s objections to a nominee for a fourth in that senators state

straight ticket voting

voters are allowed to make one mark or selection on the ballot in order to vote for every candidate of that party for each partisan office on the ballot

removed in 2020 election 

interim appointments

judicial appointments made by the governor when a vacancy occurs on a state court due to a judge’s retirement, resignation, or death before their next term. the governor’s appointee serves until the next general election, where they must win a partisan election to serve the remainder of the unexpired term.

criminal justice system

a network of federal, state, and local agencies and institutions, including law enforcement, courts, and corrections, that work to prevent and punish crime, provide justice for victims, and rehabilitate offenders

plea bargain 

a negotiated agreement the prosecution and a defendant where the defendant please guilty to a lesser charge or a portion of the charges in exchange for a lighter sentence

mandatory minimum sentences 

laws enacted by legislatures that set minimum prison terms that a judge must impose for a conviction of a specific crime or for offenders with certain criminal histories

backlogs

the number of legal cases that are waiting to be heard or resolved by a court

judicial philosophy

the framework that a judge uses to help guide their decision making

can shape gov policy for many years

originalism

the constitution should be interpreted based on the original meaning it had at the time it was adopted

textualism

the constitution should be interpreted based on text in the constitution alone

no external sources used

living constitution

the constitution is a dynamic, evolving document, where meaning should adopt to reflect changing social norms, values, and circumstances

judicial activism

a term used to describe a judge’s willingness to go beyond the traditional role of interpreting the law and instead to base decisions on personal or political beliefs 

which judicial philosophies use interpretation?

all theee

shadow docket

term used to refer to emergency orders issued by the us supreme court in response to emergency applications and requests for expedited orders

source of controversy

public view of the supreme court

democrats view it more negatively and conservatively