POLS 207 1st Edition Lecture 22 Outline of Last Lecture I The Courts Outline of Current Lecture II Courts III State courts IV Texas Crime Current 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 Courts o Do not have life long tenure o 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 marriage Lawrence 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 Filed o both on the increase o More criminal than civil o However this is just cases filed not ones that end up going to trial Crime Since 1960 o Few are violent crimes o Crime has fallen throughout the states in terms of property crime mostly o Violent crimes change a little because they tend to be psychopaths can t really change it Crime Rates Since 1960 o Adjust for population obviously o Crimes rates have fallen even more than total number of crimes Prison Population Since 1960 o On the increase o State prison population is incredibly high State Population and Criminal cases o Positive relationship r 75
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