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This is a Mr. Levoy PowerPoint
The United States Court System
The Declaration of Independence
This is the "Rough Draft” of the Declaration.
July 4, 1776
Statement on human rights…
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
What are some rights and freedoms afforded to citizens of the United States?
The Amendments: (Bill of Rights)
The First Amendment:
• Freedom of speech
• Freedom of the press
• Right to assemble
• Right for observance of religion
The Second Amendment Protect a citizen’s right to bear arms
The Fourth Amendment
Prevents the government from unreasonable search and seizure of the property of US citizens.
Government officials must be in possession of a warrant issued by a judge and based on probable cause.
The Fifth Amendment“I’ll take the Fifth”
Gives people the right to choose not to testify in court if they feel their own testimony will incriminate themselves
Gives the accused the right to due process
The Seventh Amendment Right for trial by jury
List reasons why trial by jury an important right?...
Trial Systems throughout History
1.Trial by Ordeal
2.Trial by Oath
3.Trial by Combat
4.Trial by Jury
Trial by Ordeal
• Middle Ages: Permeated the judicial system of Europe, Asia, Africa, colonial America
• Thought process: during the trial, the gods would intervene and show a sign that indicated guilt or innocence of the accused.
• These were mentally and physically taxing ordeals meant to test one’s strength, endurance, or resolve
• The punishment for pleading guilty was almost always far more lenient than the punishment ‘shown’ to be guilty during the trial.
• Could push a person to their breaking point
• To this day, it is known to still take place in Liberia.
Some examples of Trial by Ordeal include…
Trial by Fire
Trial by Hot Iron
Trial by Water
Trial by Hot Water
Trial by Snake
Trial by Oath
In a trial by oath, people accused of a crime only had to swear, or take an oath, that they were innocent-unless others swore against them. To lie under oath would be to risk being ostracized by the community.
Trial by Combat
In Europe during the Middle Ages, disputing parties could settle their disagreement by combat. They could either fight their own battles or choose a champion to fight for them.
Trial by Jury
Americans are granted the right to trial by jury by the Sixth Amendment (criminal trials) and Seventh Amendment (civil trials) to the United States Constitution.
In a jury trial, lawyers for the prosecution and defense present evidence to a jury of citizens who collectively determine the guilt or innocence of the accused.
• Cases are decided by peers, not authority
• Impartial parties hear cases
• A group of citizens must weigh the evidence and agree on a verdict
Trial by jury is an important right
We have a responsibility to serve when called upon!
What should be the criteria for which jurors are selected?
Who might be excluded from jury duty service?
Rules of Eligibility for Jury ServiceJurors must:
• Be citizens of the United States
• Be at least 18 years of age
• Reside primarily in the judicial district for at least one year
• Be able to read, write, speak, and understand the English language
• Be mentally and physically capable of rendering jury service
• Not have felony charges pending against them
• Not have felony convictions (unless civil rights have been legally restored)
Groups Exempt from Jury Service:
• Members of the armed forces on active duty
• Members of professional fire and police departments
• “Public Officers” of federal, state, or local governments who are actively engaged in the performance of public duties
Types of Trials
Civil
Cases that involve individuals arguing over private matters:
• agreements• money owed • property
Criminal Cases that involve a crime against society:
• Theft• Drunk driving• murder
People in the US are guaranteed the right to trial by jury in both civil and criminal cases.
Bailiff
Civil case
Class action
Criminal case
Defendant
Defense attorney
Grand jury
Plaintiff
Prosecution
Prosecuting attorney
Terms to know: