Ch 21

Copyright © 2011 Pearson Education, Inc. Publishing as Longman


The Texas Judiciary

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The Texas Court SystemIdentify the criteria that determine which courts hear which cases.

The Jury SystemDifferentiate the role of grand and petit juries within the Texas judicial system.

Judicial Decision Making and ControversySummarize the judicial decision-making process, andassess the influence of money and partisan politics on that process.

Key ObjectivesClick on buttons to go to the relevant slide.

21.1

21.3

21.2


Politics and the CourtsEvaluate the impact of the Texas judiciary on policy-making today.

Crime and PunishmentClassify the types of crimes and punishments recognized by the Texas judicial system.

Key ObjectivesClick on buttons to go to the relevant slide.

21.4

21.5

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Back to Learning Objectives

The Texas Court System

•State Courts in the federal system– Under the Fourteenth Amendment, rights and

liberties contained in the US Constitution have been applied to states.

– While federal law is supreme, most litigation occurs at the state level

Identify the criteria that determine which courts hear which cases.21.1



•The legal framework of the judicial system– The U.S and Texas constitutions form the

basic legal framework• Texas Penal Code defines criminal acts and

designates punishments for them• Statutory Law, contracts and Administrative

Code

21.1



•The Structure of the Texas court system– Local trial courts (trial courts of limited jurisdiction)– County level courts (trial courts of limited jurisdiction)– District courts (state trial courts of general and special

jurisdiction)– Courts of appeal (state intermediate appellate courts– State highest appellate courts

21.1


21.1Court System of Texas


The Texas Court System• Local trial courts• Municipal courts

– Violations of city ordinances – Criminal misdemeanors involving only fines– Magistrate functions

• Justice courts– Civil cases involving less than $10,000– Criminal offenses involving only fine– Small claims– Justice may function as coroner– Magistrate

21.1



•County level courts– Constitutional county court

• Misdemeanors punishable by fines of more than $500 and jail time of one year or less

• Probate wills• Appellate jurisdiction over justice courts

– Statutory county courts– Statutory probate courts

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•District courts– Primary trial courts– Original jurisdiction in civil actions involving

$200 or $500, divorce, title to land or liens, contested elections

– Matters involving juveniles– 13 are designated as criminal

district courts

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•Courts Of appeal– 14 appellate courts (intermediate)– Texas Supreme Court– Texas Court of Criminal Appeals

Back toLearning Objectives

21.1



•Texas judges– Former attorneys

• Defense and prosecution– Moved up from lower benches

•Predominantly Republican, white, male

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•Other participants in the state judiciary– County and district clerks– County and district attorneys– Bailiffs– Private citizens who serve on juries

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•Efforts to reform the judicial system–Reform is a reoccurring theme

•“Texas courts are fundamentally flawed and sorely in need of an overhaul”•Stakeholder opposition has thwarted restructuring of the legal system in Texas

Backto Learning Objectives

21.1


The highest court of last resort for cases involving criminal offenses committed by juveniles is the

A. Texas district court.B. family court.C. Texas Supreme Court.D. Texas court of criminal appeals.


21.1


The highest court of last resort for cases involving criminal offenses committed by juveniles is the

A. Texas district court.B. family court.C. Texas Supreme Court.D. Texas court of criminal appeals.


21.1


The Jury System

•Grand Juries

•Petit Juries

Differentiate the role of grand and petit juries within the Texas judicial system.

21.2


Potential jurors for petit juries are selected by

A. driver’s license or state ID numbers.B. lottery from registered voters.C. phone book entry.D. registered volunteers who have signed

up at the courthouse.

21.2


Potential jurors for petit juries are selected by

A. driver’s license or state ID numbers.B. lottery from registered voters.C. phone book entry.D. registered volunteers who have signed

up at the courthouse.

21.2


Judicial Decision Making and Controversy

• Jury versus bench trials

• Trial process

• Appeal process

Summarize the judicial decision-making process, and assess the influence of money and partisan politics on that process.

21.3



•Judicial concerns and controversies– Judicial activism – Judicial impropriety– Campaign contributions and Republican gains– Legislative reaction to judicial activism – Winners and losers

21.3



• Historically, Hispanics and African Americans have had difficulty winning election to state courts– High costs of running campaigns– Polarized voting– Low rates of participation among minority

voters– Proportional shortage of minority lawyers

• Minority judicial appointments

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•Women in the Judiciary– Judge Sarah T. Hughes, first female

appointment in Texas– In 2010

• Four women served on the nine member court of criminal appeals

• 275 women were judges at the county court level or higher in Texas

21.3



•The Search for Solutions– Campaign contribution limits and finance

reform– Non-partisan elections– Merit selection

21.3


A(n) _____________ refers to a grand jury’s opinion that sufficient evidence has been presented to warrant a trial?

A. verdictB. voir direC. indictmentD. information

21.3


A(n) _____________ refers to a grand jury’s opinion that sufficient evidence has been presented to warrant a trial?

A. verdictB. voir direC. indictmentD. information

21.3


Politics and the Courts

• Conviction reversals

• Increased policy role– Education– Abortion

Evaluate the impact of the Texas judiciary on policy-making today.21.4


The disposition of many of Texas’ criminal cases often resulted in a significant number being overturned becauseA. judges were less diverse than in other

states.

B. the death penalty was unconstitutional.

C. the decision often reflected class and racial bias.

D. the defendants did not have competent representation.

21.4


The disposition of many of Texas’ criminal cases often resulted in a significant number being overturned becauseA. judges were less diverse than in other

states.

B. the death penalty was unconstitutional.

C. the decision often reflected class and racial bias.

D. the defendants did not have competent representation.

21.4


•Capital crimes– By early 2010, a total of 446 men and three

women had been executed in Texas by lethal injection

•Felonies– Three degrees

•Misdemeanors– Class A, B or C

•Probation

Classify the types of crimes and punishments recognized by the Texas judicial system.21.5

Crime and Punishment



Class A misdemeanors

A. can result in as much as 20 years in state prison.

B. are punished by a maximum of $4000 fine and up to 1 year in county jail.

C. are the same as a second-degree felony.

D. are punishable by up to a $500 fine but no jail time.

21.5


Class A misdemeanors

A. can result in as much as 20 years in state prison.

B. are punished by a maximum of $4000 fine and up to 1 year in county jail.

C. are the same as a second-degree felony.

D. are punishable by up to a $500 fine but no jail time.

21.5


What do you think:Should the Texas elect or appoint judges?

Elect. Electing judges allows attentive members of the electorate to choose those jurists who both reflect the public perception of justice and interpret the law.

Appoint. Voters know little if anything about choosing qualified members of the judiciary; it is best to let a panel decide and allow voters to choose to retain them after some time.


What do you think:Should tort reform be overturned?

NO. The pendulum has swung back to the middle, and has produced great savings to the taxpayer by limiting frivolous lawsuits and punitive damages

YES. The pendulum has swung too far in the other direction, hurting plaintiffs injured by faulty equipment or malpractice, severely limiting the damages they receive and limiting access to the courts.


Credits772 Jana Birchum; 778 Doug Menuez/Getty Images; 782 Image Source/Getty Images; 784 Jessica Rinaldi/Corbis; 785 rubberball/ Getty Images; 787 Chine Nouvelle/Sipa Press; 789 AP Images/L.M. Otero; 790 Texas Supreme Court; 797, top to bottom: Bob Daemmrich;AP Images/The Daily Texan, Erika Rich; CREDIT TO COME

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Ch 21

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