Judicial Branch & Due Process

• The first three Articles of the Constitution concern the three branches of the US Government.
• Article 1 describes the Legislative branch and its main job to makes laws.
• Article 2 describes the Executive branch and its main job to enforce/execute the laws.
• Article 3 describes the Judicial branch and its main job to interpret the laws.

Due Process

• Due process guarantees rights to all people, especially when charged with a crime.
• Without due process rights the government could arrest you without cause, deny you a lawyer, imprison you indefinitely without trial, force you to testify, and inflict excessively harsh punishments.
• Due process is mentioned in the 5th and 14th Amendments.
• The 5th Amendment guarantees due process at the Federal level.
• The 14th Amendment guarantees due process at the state level.

Due Process Rights

• Miranda Rights inform the arrested of their right to remain silent and to have a lawyer.
• Double jeopardy prevents a defendant found not guilty from being tried again for the same crime, even with new evidence.
• Fair Legal Representation gives the right to a lawyer in criminal trials, even if the defendant cannot afford one.

Criminal vs Civil Cases

• In a criminal case, the Prosecution tries to prove that the defendant is guilty of committing a crime.
• The example given is Mr. Novotni being charged with arson.
• A civil case involves a Plaintiff suing a Defendant for damages, usually money or property.
• An example of a Civil Case is Ms. Richardson suing Mr. Grimmelbein for destroying her Peloton bike.
• A criminal case involves the defense and plaintiff
• Cases goes through criminal case procedure
• First, arrest; second, jail or bail; third, arraignment; fourth, trial and verdict; and fifth, appeal(when applicable)
• In an arraignment a defendant can plead guilty or not guilty and the probable cause for arrest is check and that the defendant is appointed a lawyer if they can't afford one

Appealing

• In a criminal trial, only a guilty verdict can be appealed.
• To appeal, the defendant must show new evidence or a violation of due process.
• A decided court case that sets the basis for determining later cases involving similar issues is known as a precedent.
• The authority of the Supreme Court to rule laws and government actions unconstitutional is known as Judicial Review.
• Marbury v. Madison is the Supreme Court case that set the precedent for Judicial Review.

State vs Federal Courts

• The majority of cases are heard in STATE courts.
• The federal courts in order from lowest to highest court are: US District, US Court of Appeals, US Supreme Court.
• The Virginia state courts in order from lowest to highest court are: Juvenile and Domestic Relations Court, VA District Courts, VA Circuit Courts, VA Court of Appeals, VA Supreme Court.
• Original jurisdiction is the authority of a court to the hear a case for the first time, where the trial actually happens.

Statements of Court

• You are not guaranteed to have an appeal heard by the US Supreme Court.
• The US Supreme Court hears cases of national importance or Constitutional questions.
• The Supreme Court does have appellate jurisdiction and limited original jurisdiction.
• No appeal can be made if you lose your case in the US Supreme Court because there is no higher court above the Supreme Court to appeal to.
• Misdemeanor is a less serious crime, resulting in a fine or maximum one year in jail.
• Felony is a more serious crime, resulting in more than a year of prison time.
• The US Supreme Court has 9 Justices who decide the cases.
• VA District Courts have original jurisdiction over misdemeanor criminal cases and civil cases involving less than $25,000
• VA Circuit Courts have original jurisdiction over felony criminal cases and civil cases involving $25,000 and above.
• Criminal trials use the US District court. US Court of Appeals, US Supreme, VA Circuit Courts, VA Supreme, VA Juvenile and Domestic have appellate jurisdiction.
• Individuals at a supreme court level are called Justices.

Explore the role of the Judicial Branch as defined by the Constitution, due process rights, and double jeopardy. Learn about civil cases and appellate jurisdiction. Understand the importance of due process.