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TAMU POLS 207 - Final Exam Study Guide
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7800 legislatorsEDUCATION—75% have some collegeEMPLOYMENT--Legislators more prestige; professionals, managers, proprietors, not established wealth but upwardly mobile middle class. flexible work schedule, public contactAttorneys, Agriculture, Education overrepresented, Labor and Government underrepresentedSEX--Male 80% to 90%MOBILITY--Over 75% born in districtPSYCHOLOGICAL--more self-confident, self-sufficient, extroverted, dominant, tolerant, less authoritarian, more favorably disposed toward minoritiesGovernorPower lies with him and lt. governor.Lt. GovernorElected independently of Governor – in some states they are on the same ticket.Presiding officer of the Senate.So committee appointments/heads etc.ComptrollerTreasurer essentially.The person in charge of the financesEstimates/projects the revenue for the stateSo determines the amount we can spend because of the balanced budgetHistorically, conservative – so they invest with the US Government. Get less interest but it is stable.Land CommissionerIn charge of leasing out landAttorney GeneralChief lawyer for the StateInterprets the Constitution and the lawThe Executive and the BureaucracyBureaucracy is a type of organization associated with red tape, specialization, and hierarchy.Because implementing the law is formally the responsibility of the executive branch, the bureaucracy is nominally headed by the chief executive.However, the bureaucracy permeates all branches of government and its interests and powers crisscross the entire governmental structure.Public administration refers not only to the activities necessary to carry out public policy but also to the various bodies, and those who work in them, that are responsible for these activities.Administrative TheoryResponsible to elected officials Controlled vs.Independent of elected officials UncontrolledPresident of A&MTexas AdministrationNumberElected OfficialsBoardsLecture 21Adjudicating the Law: Policy and the CourtsThe Court is supposed to be the least dangerous branch of government. Due to their limited power. However, the Supreme Court has been a major enactor of social change because it is not controlled by public opinion unlike other courts in the US. They are not popularly elected allowing them to make publicly unpopular decisions.Dual Court SystemFederal CourtsState CourtsThey do not have life-long tenureTexas: Elected – so they have to make popular decisions to remain there.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 marriageLawrence v. Texas (2003) homosexualityWrongful ActsCriminal LawThese are crimes against the state/entire population. Initiator is the states and the prosecutor is the State (District) Attorney and so the state pays the cost and the fines go to the state.Misdemeanors = Less serious punishment – initiation procedure is that the D.A. files a complaintFelonies = More serious punishment – initiation procedure is with the D.A. who takes the information to the grand jury. Grand Jury then may or may not issue an indictment.Only 10% of criminal cases go to trial – Plea bargains!99.9% of criminal cases are with the state.Civil LawDisputes between individuals. The legal system classes corporations as individuals, so most disputes involving businesses are civil cases. Initiator is usually the individual, but sometimes the federal government and the plaintiff is the name for the other party. Procedure for initiating = File complaint with Court Clerk – no guarantee for speedy trial in civil cases. Civil case may apportion responsibility for loss. Out of 27 million civil cases 99.8% are state.Criminal and Civil Cases FiledBoth on the increaseMore criminal cases than civilHowever, this is cases filed and not all end up going to trial.Crime Since 1960Very few are violent crimesCrime has fallen throughout the states – in terms of property crime mostlyViolent crimes change a little because they tend to be psychopaths – and there is nothing to prevent that.Crime Rates Since 1960Adjusted for populationCrime rates have fallen even more than total number of crimesPrison Population Since 1960On the increaseState prison population is incredibly highActually more expensive to put someone to death than keep them in prison for lifeState Population and Criminal CasesPositive relationshipR=.75Lecture 22Configuration of State and CourtsTexas and one other state have their supreme court split – one for criminal cases and the other for civil.State CourtsOriginal Jurisdiction:Questions of fact & lawFACT: Did prohibited behavior occur? Is the defendant legally responsible? Substantive questions that are answered by Juries in cases that involve 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.? These are always answered by the JudgeIf the defendant is found responsible, Judge decides punishment in criminal cases and the compensation in civil.Appellate JurisdictionQuestions of Law only.Uphold or reverse decision of law made by trial court.Review Court record & hear from attorneys.If reversed, a new trial is possible but appellate courts do not set defendants free.There are no juries, but multiple judgesThey nullify the decision – very few cases are appealed though.PROCESS: Loser appeals; briefs from parties; briefs from friends of the court; hearing; 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


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TAMU POLS 207 - Final Exam Study Guide

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