State & Local Government

State & Local Government* Chapter 11A Adjudicating the Law: Policy and the Courts (Part 1) Learning Objectives 1. Compare and contrast the following aspects of criminal and civil law:  Origin of cases  Parties involved and their objectives  Percent of cases that go to trial  Location of trials  Bases of decisions/outcomes 2. Overview the prosecution process under criminal law. 3. Describe the similarities and differences between the two types of criminal offenses in Texas. 4. Using the fallen-tree example, highlight the aspects of the civil trial process that are unique from a criminal one. 5. Discuss the case loads of both federal and state courts and explain the differences. 6. Describe the hierarchy of three main groups of state courts. 7. Explain the types of questions considered in each of these levels. Provide examples. Also explain the implications of a type of question NOT being considered at a particular level. Wrongful Acts Taken to Our Courts Two types of law: criminal & civil ◦ Can sometimes be applied to same wrong Criminal Charge: Murder Civil Suit: Wrongful Death Criminal Acts that break State Law Criminal law deals with actions harmful to society as a whole The State is both accuser and prosecutor ◦ State’s representative is the district attorney, an elected member of each county’s government Prosecution is multi-step, very lengthy process ◦ Arrest made ◦ Charge(s) filed, arraignment hearing held ◦ Evidence presented to grand jury, Criminal Acts that break State Law Only 10% of cases ever go to trial ◦ Most cases end in plea bargain …Why? Trials held in county courtrooms with county prosecutors and judges, but cases are “the State of Texas vs. ____” ◦ The county pays all costs of prosecution & county incarceration (state pays for prisons & inmates there) Standard of guilt: “Beyond a reasonable doubt” ◦ “Guilty” finding leads to possible jail/prison time and/or fines, etc. Criminal Acts that break State Law Two “levels” of crimes in Texas ◦ Misdemeanors – Less serious punishment: shorter times in county jail, community service, and/or fine  Initiated by “complaint” from county/district attorney  No grand jury involvement ◦ Felonies – More serious punishment: longer sentences in state prison or county jail, community service, and/or fine  Initiated by “charge” from district attorney  Grand jury decides if evidence justifies prosecution  “State jail felonies” will send a convicted Wrongful Acts Against “a Person”  Civil law is basis for legal disputes between “individuals” over unmet obligations or perceived harms that either cannot or will not be prosecuted under criminal law ◦ Plaintiff files complaint or legal suit against defendant  Rationales: Personal injury, contractual violations, divorce, etc.  Objectives: Monetary damages, determination of rights, etc. ◦ “Loser” must compensate “winner” …what’s that?  Standard for judgment: “preponderance of evidence”  Civil cases may apportion responsibility for loss (multiple parties can be held responsible) ◦ Corporations are treated as individuals in civil law  Most disputes involving businesses are civil cases Example of a State Civil Case  I have a dispute with my neighbor, whose car was demolished by a tree from my property  ◦ My neighbor sues me, claiming I caused harm ◦ At the civil trial, there was testimony that I was seen shouting at the neighbor and later I had rented a chainsaw Am I partially or totally responsible? Example of a State Civil Case At trial, my attorney brings out these facts: ◦ Dead tree was a known hazard ◦ Part of my purchase contract required removal by previous owner, but it was not done ◦ I had told neighbor about hazard—I had shouted because he is almost completely deaf ◦ I had hired a bonded, professional tree cutter, but his chain saw was being repaired ◦ I rented a saw for him to use the next day, but the tree fell on my neighbor’s car that night during high winds Dual Court Systems  Federal courts handle issues under federal law ◦ Hear very few cases compared to state courts  State courts handle issues under state law ◦ 99.9% of 22 million criminal cases in US annually ◦ 99.8% of 27 million civil cases nationwide annually ◦ Why? …because state law governs most aspects of citizens’ daily lives ◦ Texas has only 2600 courts to handle its share of the load ◦ This is the REAL reason that so many cases end in plea bargains  Even IF Texas had only 1/50th of the 50 million cases annually, how could it court system not implode without vast majority of cases ending in plea bargains? Typical Configuration of State Courts Supreme Court Intermediate Appellate Court We’ll start here… Trial Courts State Courts Original-jurisdiction or trial courts deal with 2 types of questions: ◦ Questions of fact  Answered by jury if a jury trial, otherwise by judge  Example: Where was the accused that night?  Example: Did the accused commit that crime? ◦ Questions of law  Always answered by judge  Example: Is that item of evidence admissible?  Example: May the attorney ask that question? State Courts  Courts of appeal hear objections to lower court decisions ◦ Appeals can only be based on the trial judge’s decisions about questions of law  No juries; multiple judges review trial court record  Both parties and “friends of the court” present briefs (rationales for deciding one way or another)  Panel of judges hold hearing (not trial) ◦ Either upholds or reverses lower court judgment ◦ Can’t set defendants free, but can “remand” (return) cases back to trial court and issue instructions to that lower court Don’t forget to do the… Practice Problems …to begin mastering this material. Complete instructions are in the Module 1 resource, How to Use Practice Problems to Prepare for Exams.