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TAMU POLS 207 - The Courts I
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Configuration of State CourtsTexas and one other state have their supreme court split into two – one for criminal and another for civil cases.State CourtsOriginal JurisdictionQuestions of fact and questions of lawFACT: Did prohibited behavior occur? Is defendant legally responsible? Substantive questions. Answered by Juries in cases involving juries.LAW: Procedural due process. Rules of conflict adjudication. What evidence is permissible, what issues are germane, who is eligible to speak to which issues, etc. Always answered by Judge.If defendant is found responsible, Judge decides punishment in criminal cases, compensation in civil cases.Appellate JurisdictionQuestions of law only.Uphold or reverse decisions on questions of law made by trial court. Review court record & hear from attorneys. If reversed, then a new trial is possible. Appellate courts do not set defendants free. There are no juries, but multiple judges.They nullify the decisionVery few cases are appealedPROCESS: Loser appeals; briefs from parties; briefs from friends of the court; hearing; then decisionTexas CourtsStates Highest Appellate CourtsSupreme Court – Civil MattersCourt of Criminal Appeals – highest appellate court for criminal mattersState Intermediate Appellate CourtsCourt of AppealsState Trial Courts of General and Special JurisdictionDistrict CourtsCountry Trial Courts of Limited JurisdictionCounty Level CourtsConstitutional Country CourtsCounty Courts at LawStatutory Probate CourtsLocal Trial Courts of Limited JurisdictionJustice CourtsMunicipal CourtsTwo Supreme Courts are underworked – would make more sense for their just to be one. However, to change it there would need to be statutory amendment and Texans don’t like change.Elite ParticipationAttorneysProtecting your rightsJudgesElected in non-partisan elections in TexasNormally lawyers that decide to become a judgeHowever, the Texas Constitution does not state that Judges have to have been lawyers.Justice of Peace courts can be applied for by many – mostly administrative.Unique StyleJudicial SelectionPartisan election allows people to just vote their PID. Leading to many believing judges are just politicians.Judicial Selection Methods for Justices in Court of Last Resort 2008Mostly by merit system.New system where the Governor or Legislature are appoint judges for 1 or 2 years and then after that they go to an election. So he is running on his record of these years.Better system than allowing the Governor to merely appoint.Texas is using legislative appointment.Lay ParticipationGrand juriesChosen from your driving license. But into a pool with others and chosen from it.Grand jurors indict those who they believe have done wrong – this does not mean that you are guilty – just that there is sufficient evidence to send you to trial.Trial juriesThey decide whether you are guilty or not.Trial of your peers – someone like you who judges you.Several problems – historically, in the South, there were black codes. One of these were that black men couldn’t sit on trial juries – but this has been eliminated.Texas Crime and PunishmentCrime ratehigh crime rateused the deterrent method to try and prevent crime – such as the death penalty. Doesn’t work!Incarceration rateSecond or third highest in the nationExecutionsChapter 12Can State and Local Policies Affect Education, Poverty, & Crime?Conflicting liberal and conservative perspectivesGoals shared by all statesFor crime, government is reactive, not proactive.Number in Poverty and Poverty RatesOn a general decline in percentage terms – but rising in number.POLS 207 1st Edition Lecture 21 Outline of Last Lecture I. The CourtsOutline of Current Lecture II. States CourtsA. Texas CourtsIII. ParticipationIV. Chapter 12Current Lecture← Configuration ofState Courts← Texas and one otherstate have their supremecourt split into two – one forcriminal and another for civilcases.←←←← State Courts← Original Jurisdiction- Questions of factand questions oflaw- FACT: Did prohibited behavior occur? Is defendant legallyresponsible?Substantivequestions.Answered byJuries in casesinvolving juries.- LAW: Procedural due process. Rules of conflict adjudication. What evidence is permissible, what issues are germane, who is eligible to speak to which issues, etc. Always answered by Judge. - If defendant is found responsible, Judge decides punishment in criminal cases, compensation in civil cases.Supreme CourtsIntermediate Appellate CourtsTrial Courts← Appellate Jurisdiction- Questions of law only.- Uphold or reverse decisions on questions of law made by trial court. Review court record & hear from attorneys. If reversed, then a new trial is possible. Appellate courts do not set defendants free. There are no juries, but multiple judges.- They nullify the decision- Very few cases are appealed- PROCESS: Loser appeals; briefs from parties; briefs from friends of the court; hearing; then decision←← Texas Courts← States Highest Appellate Courts- Supreme Court – Civil Matters- Court of Criminal Appeals – highest appellate court for criminal matters← State Intermediate Appellate Courts- Court of Appeals← State Trial Courts of General and Special Jurisdiction- District Courts← Country Trial Courts of Limited Jurisdiction- County Level Courtso Constitutional Country Courtso County Courts at Lawo Statutory Probate Courts← Local Trial Courts of Limited Jurisdiction- Justice Courts- Municipal Courts←← Two Supreme Courts are underworked – would make more sense for their just to be one. However, to change it there would need to be statutory amendment and Texans don’t like change.←←← Elite Participation- Attorneyso Protecting your rights- Judgeso Elected in non-partisan elections in Texaso Normally lawyers that decide to become a judgeo However, the Texas Constitution does not state that Judges have to have beenlawyers.o Justice of Peace courts can be applied for by many – mostly administrative.- Unique Style←← Judicial Selection←← Partisan election allows people to just vote their PID. Leading to many believing judges are just politicians. ←←← Judicial Selection Methods for Justices in Court of Last Resort 2008← Mostly by merit system. - New system where the Governor or Legislature are appoint judges for 1 or 2 years and then after that they go to an election. So he is running on his record of these years.-


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TAMU POLS 207 - The Courts I

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