01.02 U.

S Federal Court System

Vocab

-Constitution convention- convention that drew up the constitution

-Plaintiff- The person or group who is accusing another person or group of some wrongdoing

- Federalist- Governmental power is divided between a federal (national) government and state
government.

- Supremacy clause- establishes that the constitution, federal laws made pursuant to it, and treaties
made under its authority constitute the “Supreme Law of the Land” and thus take priority over any
conflicting state laws.

-Cybercrime- criminal activities carried out by means of computers or the internet

-Bicameral-having two branches, chambers, or houses, as a legislative body

- Interstate crimes- crimes that occur across state lines

- Appeal- and application to a higher court for a decision to be reversed

Content

We the people

- Before the Revolutionary war, colonists didn’t have a say in the laws that governed their lives
- Being ruled by just a King made colonists wary of a government having too much power.
- The constitutional Convention paid careful attention to balancing the power of the government
against the rights of individual citizens when they drafted the Constitution
- The first 10 amendments are a list of individual rights to protect citizens in their dealings with
the government, in order to limit the government’s ability to interfere with citizens’ freedom

Amendments most relevant to the criminal justice system

- First Amendment-
o freedom of religion, speech, and the press
o This means that congress cannot make laws stopping people from practicing their
religion, expressing their opinions, or gathering together peacefully.
- Second Amendment-
o The right to Bear Arms
o Citizens have the right to bear arms so as to form a militia
o This applies to an individual’s right to self-defense
o This also applies to crimes related to the use of firearms.
- Fourth Amendment
o Protection from unreasonable searches and seizures
o The government, including the police, is not allowed to search property unless it has a
warrant.
  Warrants must specifically state where a search is to be conducted and what
they are looking for
- Fifth Amendment
o Protection of Rights to Life, Liberty, and property
o These include due process, protection from facing repeat punishment for a single
criminal act, and the right to protection against self-incrimination.
o Right to remain silent
o An individual cannot be compelled by the government to provide incriminating
information about herself.
- Sixth Amendment
o Rights of Accused Persons in Criminal Cases
o The sixth amendment contains rights specifically linked to criminal trials including:
 The right to a speedy trial: This means that the government cannot take long in
bringing the case against the defendant to trial
 The right to a trial by jury: This means that the defendant has the right to have a
jury, a group of citizens, listen to the evidence and decide whether or not the
defendant is guilty
 The right to counsel- This means the defendant has the right to have an attorney
represent them in the legal proceedings.
- Seventh Amendment
o Rights in civil cases
 People have the right to a trial by jury in civil cases.
 In civil cases the other person bringing the lawsuit is the plaintiff
 The plaintiff seeks money damages or a court order preventing the person,
known as the defendant, from participating in certain conduct
 The plaintiff must prove their case by over fifty percent of the proof to win
- Eighth Amendment
o Excessive Bail, Fines, and Punishments Forbidden
 The government can’t demand an excessive amount of money for bail, and it
cannot use cruel and unusual punishment.
 The U.S Supreme Court has interpreted this right to mean that a sentence for a
particular crime must be proportional to the severity of the crime committed.
Federalism

- Federalism is a mixed mode of government that divides power between the national
government and the states.
- The US government is a federalist system.
o Meaning that federal law applies across the country, and state law applies only in each
particular state
- The supremacy clause in the U.S Constitution makes federal law “Supreme” over state law.
o So if states pass laws that contradict federal law, those state laws will be invalid because
federal law is superior.
- Examples of federal crimes include:
o Treason
o Piracy
o Counterfeiting
o Violations of securities laws
- Examples of state crimes include:
o Violent crimes
o Arson
o Robbery
o Murder

Federal Law Enforcement

- Law enforcement agencies are structured to reflect our federalist government

- There are some law enforcement agencies tasked with enforcing federal laws:
o Federal Bureau of Investigations (FBI)
o U.S Immigrations and Customs Enforcement (ICE)
o U.S Customs and Borders Protection
- The court system in the U.S is also structured to match its federalist system.
o There are federal courts that hear cases arising from federal law
o There are state courts which hear cases arising from state law
- If a crime was committed under both state and federal law, they would be convicted and charged
under both state and federal law

Cybercrime and the Law

- Cybercrime is punishable by law up to 5 years.

- The Computer Fraud and Abuse Act (CFAA)
o This federal anti-hacking legislation prohibits unauthorized access to another’s computer
system.
Checks and Balances

- The Constitution divides the power of the federal government into three branches: legislative,
executive, and judicial. Dividing the power equally.
o Legislative Branch
 Writes the laws
 The federal congress is bicameral-meaning it is divided into two parts:
 The house of representatives and the Senate
 Citizens elect representatives and senators to represent them in congress.
 This gives citizens a voice in the lawmaking process through their
representatives
o Executive
 Enforces the laws
 The president is the head of the executive branch
 The president is ablet to share tehri power with agencies that work to enforce
the laws.
 The president can be impeached for wrongdoings by Congress and is responsible
for appointing justice to the U.S Supreme court
o Judicial
 The branch that interprets the law
 This occurs in our federal system of courts
 The supreme court has the power of judicial review
 This means the U.S Supreme court can review laws passes by congress
or executive actions and declare them unconstitutional.

The Federal Court System

- Federal courts hear cases involving the Constitution, federal laws, and interstate crimes.
- There are three levels of federal courts
o District (trial court)
o Circuit (First level appeal)
o Supreme court (final level appeal))
- The Supreme court is made of nine justices
o These justices are appointed by the president of the United States and serve for life
o The justices work closely together to decided what cases to hear, to decided how to
resolve each case, and to develop the legal reasoning behind their decisions.
- The Supreme court uses the rule of four to decided which cases it will hear.
o Under the rule of four, if four of the nine justices agree to hear a case then they will
issue a writ of certiorari to obtain the transcripts of the proceedings from the lower
courts
o The justices usually select cases that involve an issue of national importance about
which there is a conflict in lower courts.