Chapter 28.2Chapter 28.2

““The JudicialThe JudicialBranch of Branch of

Texas”Texas”

The Judicial Branch is made up of The Judicial Branch is made up of courts and judges throughout the courts and judges throughout the state.state.

It serves three purposes:It serves three purposes: It supports a system by which It supports a system by which

those accused of crimes may be those accused of crimes may be tried and, if found guilty, tried and, if found guilty, punished.punished.

It provides a system in which It provides a system in which disputes can be settled.disputes can be settled.

It decides what the laws of the It decides what the laws of the state mean and how they should state mean and how they should be enforced.be enforced.

Texas, like the United Texas, like the United States, has two general States, has two general areas of law – civil and areas of law – civil and criminal.criminal.

CIVIL LAWCIVIL LAW

Comes from the Latin word for Comes from the Latin word for citizen.citizen. Pertains to legal disputes between

citizens, businesses, and governments. Most civil cases concern disputes about

property, money, child custody, or insurance claims.

Most civil cases are solved by out-of-court settlements because trials are so expensive. About 1/3 go to trial.

CRIMINAL LAWCRIMINAL LAW Describes what people can and cannot do.Describes what people can and cannot do. Concerned with crimes and punishment.Concerned with crimes and punishment. In a criminal case, only the government can In a criminal case, only the government can

bring court action against the accused.bring court action against the accused. A citizen cannot file a criminal suit but may A citizen cannot file a criminal suit but may

file a civil suit resulting from a criminal file a civil suit resulting from a criminal action. (Example: O.J. Simpson won his action. (Example: O.J. Simpson won his criminal case involving the murder of his criminal case involving the murder of his wife, but lost the civil case involving him in wife, but lost the civil case involving him in his wife’s “wrongful death.” his wife’s “wrongful death.”

Two types of offenses are Two types of offenses are recognized under criminal law:recognized under criminal law: felony – a very serious crime such as felony – a very serious crime such as

murder, arson, or kidnapping. Persons murder, arson, or kidnapping. Persons convicted usually go to prison, and may convicted usually go to prison, and may be given the death penalty .be given the death penalty .

misdemeanor – a less serious crime misdemeanor – a less serious crime such as disorderly conduct, gambling, such as disorderly conduct, gambling, or dangerous traffic violations. Persons or dangerous traffic violations. Persons convicted may pay fines, serve terms in convicted may pay fines, serve terms in county jails, or both.county jails, or both.

Young people between the ages Young people between the ages of 10 and 17 who have of 10 and 17 who have

committed serious offenses are committed serious offenses are the responsibility of the TYC,the responsibility of the TYC,

(the Texas Youth Commission). (the Texas Youth Commission).

Juvenile offenders under Juvenile offenders under the TYC receive:the TYC receive:

a medical evaluationa medical evaluation educational testing and assessmenteducational testing and assessment a psychological evaluationa psychological evaluation special treatment for drug special treatment for drug

dependency or violent behaviordependency or violent behavior

The Jury SystemThe Jury System

Whenever a person is accused of a Whenever a person is accused of a felony, a group of 12 people called a felony, a group of 12 people called a grand jurygrand jury considers the case. If 9 considers the case. If 9 of the 12 members believe there is of the 12 members believe there is evidence that the person committed evidence that the person committed the crime, an the crime, an indictmentindictment,,is issued. If there is not enough is issued. If there is not enough evidence to justify a trial, the juryevidence to justify a trial, the jurycan issue a can issue a “no bill.” “no bill.”

When criminal cases go to When criminal cases go to court, a court, a petit jurypetit jury must listen to must listen to

evidence presented by evidence presented by attorneys and agree on a attorneys and agree on a decision of “guilty” or “not decision of “guilty” or “not

guilty.” If they agree on a guilty guilty.” If they agree on a guilty verdict, either the judge or the verdict, either the judge or the jury decides on a sentence.jury decides on a sentence.

Plea bargaining: the defendant agrees to Plea bargaining: the defendant agrees to plead to a lesser charge.plead to a lesser charge.Many times, both sides have something to Many times, both sides have something to gaingain

Government:Government:

1. Cannot handle all 1. Cannot handle all the cases that the cases that come up for trial.come up for trial.

2. Saves money and 2. Saves money and time involved in a time involved in a trial. trial.

Accused:Accused:

1. Will most likely 1. Will most likely receive less receive less punishment than punishment than if he is found if he is found guilty of the more guilty of the more severe charge. severe charge.

Agencies working for Justice:Agencies working for Justice: (DPS) Texas Department of Public Safety -supervises (DPS) Texas Department of Public Safety -supervises

highway traffic and licenses drivershighway traffic and licenses drivers

Texas Department of Criminal Justice – administers state Texas Department of Criminal Justice – administers state prisons for adults prisons for adults

(TYC) The Texas Youth Commission oversees juvenile (TYC) The Texas Youth Commission oversees juvenile correctional facilitiescorrectional facilities

Attorney General – considered to be the state’s attorney. If Attorney General – considered to be the state’s attorney. If a case goes to court, his office represents the state.a case goes to court, his office represents the state.

Want to be an attorney?Want to be an attorney?

In 2001, 62,000 attorneys were In 2001, 62,000 attorneys were licensed to practice law in Texas.licensed to practice law in Texas.

To be licensed, a Texan must:To be licensed, a Texan must:

a. complete law schoola. complete law school

b. pass an examinationb. pass an examination

c. become a member of the state barc. become a member of the state bar

Want to be a juror?Want to be a juror?Jurors must:Jurors must:

Be a Texas citizenBe a Texas citizen Be at least 18 years oldBe at least 18 years old Be able to read and writeBe able to read and write Be of sound mindBe of sound mind Have no felony convictions or be Have no felony convictions or be

under indictment for committing any under indictment for committing any felonyfelony

There are two kinds of There are two kinds of courts in Texas:courts in Texas:

Trial Courts:Trial Courts: Courts in which Courts in which

witnesses are witnesses are heard, evidence heard, evidence is presented, is presented, and a decision and a decision is reachedis reached

Appeals Appeals Courts:Courts:

filed if the filed if the loser feels the loser feels the trial was unfairtrial was unfair

High Courts in TexasHigh Courts in TexasTexas is one of two U.S. states which has Texas is one of two U.S. states which has

more than one highest court.more than one highest court. Supreme Court of Supreme Court of

TexasTexas

used for civil or used for civil or juvenile casesjuvenile cases

Court of Criminal Court of Criminal AppealsAppeals

used for criminal used for criminal casescases

Let’s Let’s Review!Review!

Question:Question:Name two types of Name two types of

law in Texas:law in Texas:

criminal criminal andand

____________

Answer:Answer:civilcivil

Question:Question:What is the name ofWhat is the name ofa less serious crime?a less serious crime?

Answer:Answer:misdemeanormisdemeanor

Question:Question:What is the name of aWhat is the name of a

severe crime?severe crime?

Answer:Answer:felonyfelony

Question:Question:If a grand jury decidesIf a grand jury decides

that a person might have that a person might have committed a crime, it may issue committed a crime, it may issue

an _________.an _________.

Answer:Answer:IndictmentIndictment

Question:Question:When a defendant agrees to When a defendant agrees to

plead guilty to a lesser charge, it plead guilty to a lesser charge, it is known as _____ _________.is known as _____ _________.

Answer:Answer:plea bargainingplea bargaining

Question:Question:What are the names of the two What are the names of the two

highest courts in Texas?highest courts in Texas?

Answer:Answer:

The Supreme Court of TexasThe Supreme Court of Texasandand

The Court of Criminal AppealsThe Court of Criminal Appeals

Court Court AdjournedAdjourned

UntilUntilTomorrow! Tomorrow!