U.S. and TX Constitution, Bill of Rights, and Criminal Justice Systems

Letter of the Law

Following the exact, literal wording of a rule

Spirit of the Law

Following the underlying intent, purpose, or moral goal behind it.

Three-Legged-Stool

1. Law Enforcement

2. Courts

3. Corrections

Dual Responsibility of the Government

1. Protecting citizens’ rights from other citizens

2. Protecting citizens’ rights from government overreach

Establishment Clause

Separation of church and state.

1st Amendment

Freedom of religion, speech, the press, peaceful assembly, and the right to petition the government.

2nd Amendment

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

3rd Amendment

Prohibits the quartering of soldiers in private homes without the owner’s consent in peacetime. Requires legal framework for any such quartering during wartime.

4th Amendment

Protects people from unreasonable searches and seizures

Notable Case Law 4th Amendment

• Terry v. Ohio

• Tennessee v. Garner

• Weeks v. U.S.

• Mapp v. Ohio

Key Protections from the 4th Amendment

• Right to privacy

• Warrant rules

• Probable cause

• Specific details

5th Amendment

• Self-incrimination

• Double jeopardy

• Due process of law

6th Amendment

• Right to speedy and public trial

• Impartial jury

• Notice of accusations

• Confrontation clause

• Compulsory process

• Assistance of counsel

7th Amendment

• Guarantees the right to a jury trial in federal civil cases where the amount in dispute is more than $20

8th Amendment

• Excessive bail

• Cruel and unusual punishment

9th Amendment

All rights not enumerated (listed) are retained by the people

10th Amendment

Powers not delegated to the federal government are retained by the states

14th Amendment

• Birthright citizenship

• Due process

• Equal protection

Exclusionary Rule

Evidence obtained in violation of the U.S. Constitution is inadmissible in criminal court cases. (Weeks v. U.S.)

Habeas Corpus

Writ requiring a person under arrest to be brought before a judge or into court

Bill of Attainder

Law passed by a legislature that declares a specific person or group guilty of a crime and punishes them without a regular court trial.

Ex Post Facto Law

Prohibits the federal and state government from passing laws that retroactively impose criminal liability or punishment for actions that were legal at the time a person or group took them

Final Disposition

The ultimate, conclusive resolution of a legal case.

Tort

A civil wrong, such as negligence or defamation, where the injured party seeks compensation.

3 Layers of Federal Courts:

• U.S Supreme Court

  • Acts as the final arbiter

• U.S. Court of Appeals

  • Handles intermediate reviews

• U.S. District Courts

  • Serve as the trial level

Highest courts in Texas?

Court of Criminal Appeals & Supreme Court

Highest court for criminal matters in Texas?

Texas Court of Criminal Appeals

Texas Court of Criminal Appeals Jurisdiction:

• Final appellate jurisdiction in criminal cases

• Court of last resort for criminal appeals.

Highest court for civil matters in Texas?

Texas Supreme Court

Texas Supreme Court Jurisdiction:

• Final appellate jurisdiction over all civil cases within the state

• Last resort for civil matters in Texas

Court of Appeals (Civil/Criminal) Jurisdiction:

• Regional jurisdiction

• Intermediate appeals from trail courts in their respective court of appeals districts

District Courts (Civil/Criminal - Felony) Jurisdiction?

• Original jurisdiction in civil actions over $200, divorce, title to land, contested elections

• Original jurisdiction in felony criminal matters

• Juvenile matters

County Court (Civil/Criminal - Misdemeanors A & B) Jurisdiction:

• Original jurisdiction over Class A and B misdemeanors, which are more serious than Class C misdemeanors but less severe than felonies.

Justice Courts (JP’s)

• Civil actions of not more than $20,000

• Small claims

• Criminal misdemeanors punishable by fine only

Municipal Courts (Criminal)

• Criminal misdemeanors punishable by fine only

• Exclusive original jurisdiction over municipal ordinance criminal cases

Small Claims Court

Small claims courts handle civil disputes involving small amounts of money, typically with a simplified legal process.

Juvenile Court (Civil)

Handle cases involving minors under 18 who are accused of committing delinquent acts or need supervision due to behavioral issues

Appellate

Connected to or dealing with the authority to review and reverse the decisions of lower courts

Magistrate

Magistrates are judicial officers with limited authority who handle preliminary court proceedings, issue legal warrants, and manage minor civil and criminal cases.