The Court is supposed to be the least dangerous branch of government. They were not intended to have enough power to be dangerous.However, the Supreme Court has been a major enactor of social change because they are not controlled by public opinion – since they are not popularly elected.Dual Court SystemFederal CourtsState CourtsDo not have life-long tenureTexas: They are elected – not there for life. So they are still some form of apprehension if they make decisions that are unpopular.Selective IncorporationAmendment V (rights of accuses, double jeopardy)Amendment VI (speedy trial, confront witness, etc.)Amendment VIII (excessive bail, cruel & unusual punishment)Equal Protection under Criminal LawMapp v. Ohio (1961) "exclusionary rule"Gideon v. Wainwright (1963) right to an attorney provided by stateMiranda v. Arizona (1966) speak to an attorney & remain silentEqual Protection under Civil LawBrown v. Board of Education (1954) removed separate but equalLoving v. Virginia (1967) interracial marriageWrongful ActsCriminal Law:Civil Law:Disputes between individuals in the legal system. Corporations are individuals, so most disputes involving businesses are civil cases (e.g. people’s court).Criminal and Civil Cases Filedboth on the increaseMore criminal than civilHowever, this is just cases filed not ones that end up going to trialCrime Since 1960Few are violent crimesCrime has fallen throughout the states – in terms of property crime mostlyViolent crimes change a little because they tend to be psychopaths – can’t really change itCrime Rates Since 1960Adjust for population obviouslyCrimes rates have fallen even more than total number of crimes.Prison Population Since 1960On the increaseState prison population is incredibly highState Population and Criminal casesPositive relationshipPOLS 207 1st Edition Lecture 22Outline of Last LectureI. The CourtsOutline of Current LectureII. CourtsIII. State courtsIV. Texas CrimeCurrent Lecture The Court is supposed to be the least dangerous branch of government. They were not intended to have enough power to be dangerous. However, the Supreme Court has been a major enactor of social change because they are not controlled by public opinion – since they are not popularly elected.  Dual Court System- Federal Courts- State Courtso Do not have life-long tenureo Texas: They are elected – not there for life. So they are still some form of apprehension if they make decisions that are unpopular. Selective Incorporation- Amendment V (rights of accuses, double jeopardy)- Amendment VI (speedy trial, confront witness, etc.)- Amendment VIII (excessive bail, cruel & unusual punishment)- Equal Protection under Criminal Law- Mapp v. Ohio (1961) "exclusionary rule"- Gideon v. Wainwright (1963) right to an attorney provided by state- Miranda v. Arizona (1966) speak to an attorney & remain silent- Equal Protection under Civil Law- Brown v. Board of Education (1954) removed separate but equal- Loving v. Virginia (1967) interracial marriageLawrence v. Texas (2003) homosexuality Wrongful Acts Criminal Law:- Crime against the state, entire population, initiator is the state, Prosecutor is the state or district attorney, state pays the costs, fines go to the state.- Misdemeanors – less serious punishment (prison), initiator procedure is D.A. who files the complaint.- Felonies -- Civil Law:o Disputes between individuals in the legal system. Corporations are individuals, so most disputes involving businesses are civil cases (e.g. people’s court). - Criminal and Civil Cases Filedo both on the increaseo More criminal than civilo However, this is just cases filed not ones that end up going to trial-- Crime Since 1960o Few are violent crimeso Crime has fallen throughout the states – in terms of property crime mostlyo Violent crimes change a little because they tend to be psychopaths – can’t really change it-- Crime Rates Since 1960o Adjust for population obviouslyo Crimes rates have fallen even more than total number of crimes.-- Prison Population Since 1960o On the increaseo State prison population is incredibly high-- State Population and Criminal caseso Positive