Chapter Twenty- Three: The Texas Judiciary, Law, and Due Process 1.

Chapter Twenty-Three:

The Texas Judiciary, Law, and Due Process

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Chapter Contents

Civil Law and Criminal LawIssues in Civil LawIssues and Elements in Criminal LawDue Process of LawTexas Court OrganizationSelection of Judges

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Learning Objectives

Differentiate between civil and criminal law and identify examples of each.

Identify key procedures underlying the concept of “due process of law” in Texas.

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Learning Objectives (Cont’d)

Describe the organizational structure and functions of the Texas court system.

Explain the qualifications and selection process for judges in the various Texas courts.

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What If...Texas Abolished the Death Penalty?

Texas leads the nation in executions.There are 331 people on Texas’s death

row.31 % white38 % black30 % Hispanic1 % members of other ethnic groups

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Evaluating the Death Penalty

Reasons why the state punishes criminals.Prevent further crimesDeter future crimesRehabilitationJustice

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Miscarriages of Justice

Eleven wrongfully convicted persons have been released from death row.

Substantial evidence of Cameron Todd Willingham’s innocence has only developed since he was executed in 2004.

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For Critical Analysis

1. Should other states follow Texas’s lead in expediting the death penalty or New Mexico's lead in abolishing it?

2. Texas has one of the highest execution rates in the nation, but it also has one of the highest murder rates. Why do states with the death penalty have a higher murder rate than those without?

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Litigation in Texas

The Chamber of Commerce ranks Texas as having the 15th worst litigation environment in America.

The courts dealt with more than 12 million cases in 2009.

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Civil Law Versus Criminal Law

Civil law concerns private rights and remedies and usually involves private parties or organizations.

Criminal law involves violations of laws established by the government.

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Civil Law Versus Criminal Law (Cont’d)

In civil cases, whichever party has more evidence or proof on its side should win the case.

In a criminal case, the burden of proof falls heavily on the government.Guilty “beyond a reasonable doubt”

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Civil Law Versus Criminal Law (Cont’d)12

Issues in Civil Law

The Texas legislature passed bills to restrict some lawsuits.

Texans approved a constitutional amendment to allow the legislature to limit medical malpractice and other damages.

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The Crime

Crime—An act that violates whatever an authorized body (usually a state legislature) defines as the law.

Felonies are serious crimes.MurderRobberyTheft (larceny)

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The Crime

Ellis Unit in Huntsville, Texas (Greg Smith/Corbis)

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The Crime (Cont’d)

Table 26–1 Crime and Punishment under the Texas Penal Code

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The Criminal

Persons who commit most serious crimes are unwilling to accept the mores of those who write the laws.

Lawbreakers are disproportionately young and poor.

In some neighborhoods, street gangs offer the only source of approval, protection, and a sense of belonging for their members.

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The Criminal (Cont’d)

Persons under age 17 commit a disproportionate share of crime.Little is done to rehabilitate juvenile offenders.

Far more men than women are arrested for crimes.

Minority group members are arrested disproportionately for crimes.

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The Criminal (Cont’d)

The poor are more likely to commit violent crimes.

Crime is more likely in large metropolitan areas.

Drug addiction contributes to crime.White-collar crimes are more likely to be

committed by successful businesspersons or professionals.

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The Victim20

The Victim (Cont’d)

White-collar crimes cost victims much more than robberies, burglaries, and thefts.Outrage against crime is directed largely

toward violent crimes.

Prostitution, gambling, and illegal drug possession are sometimes called victimless crimes.

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The Victim (Cont’d)

The highest rates of victimization are in the poor areas of our cities.

Crime is often committed against friends and families of the criminal.

Minorities and young people suffer most from crime.

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The Victim (Cont’d)

Victims have the right to be informed of investigations and court proceedings against the accused.

They have the right to have their victim-impact statements taken into account during sentencing and parole actions.

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The Victim (Cont’d)

The Crime Victims’ Compensation Fund is available to victims who have suffered extreme personal hardship resulting from physical injury during a crime.

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The Victim (Cont’d)25

Politics with a Purpose: Advocating for Victims’ Rights

Mothers Against Drunk Driving (MADD) has become one of the most successful grassroots victims advocacy groups in history.

Congress made federal highway funding dependent on increasing the drinking age to 21 and reducing the blood alcohol content for DWI .08%.

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Politics with a Purpose: Advocating for Victims’ Rights (Cont’d)

The Texas legislature also increased penalties for DWI and made it illegal to possess an open alcohol container in a moving vehicle.

MADD continues to advocate for strict alcohol enforcement, sobriety checkpoints, and victim impact panels.

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Politics with a Purpose: Advocating for Victims’ Rights (Cont’d)

Critics have charged that MADD is becoming overbearing.

Charity watchdogs have charged that MADD spends too much on fundraising and managerial costs.

Despite these criticisms, MADD has served as a role model for the several organizations.

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Due Process of Law

The courts must blend two conflicting roles:Protect society according to state concept of

right and wrongProtect the rights of the individual charged

with wrongdoing.

Elaborate traditions of court process and procedure have developed over the centuries.

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Pretrial Court Activities

The accused is presented before a justice of the peace or other magistrate for arraignment.The Court explains the charges against the

accused. It reminds the suspect of their Miranda rights It sets bail. It informs the accused of the right to an

examining trial.

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The Right to Know the Nature of the Accusation

The suspect is usually told the charges several times.

There must be “probable cause” for a person to be arrested.

If it is determined that a person is being held unlawfully, counsel may secure release by a writ of habeas corpus.

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The Right to Legal Counsel

The right to counsel extends to felony cases and serious misdemeanor cases.

Indigent defendants may not receive the kind of expert defense they would have if they could afford their own attorney.

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The Right to Bail

Bail supports the assumption that a person is innocent until proven guilty.

In practice, the right to bail exists only for those who can afford it.

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The Right to an Examining Trial

A defendant can request an examining trial in felony cases.

A justice of the peace reviews the facts and decides whether the case should be recommended for criminal proceedings.

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Formal Charges

The grand jury determines whether the case will be taken to trial. Issues an indictment

The right to a grand jury indictment protects innocent citizens against harassment on unjustified charges.

A grand jury usually acts as a rubber stamp for the prosecutor.

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Pretrial Hearings

At second arraignment, the formal indictment is read and the defendant enters a plea.

Other pretrial hearings may concern the possibility of an insanity defense or a change of venue.

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Plea Bargaining

Most cases end in a secret bargaining session with the prosecutor (plea bargaining).

Prosecuting attorneys usually meet with the accused and offer a deal in exchange for a plea of guilty.

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The Trial (Cont’d)

The first major step in the trial is the selection of a jury.Frequently waived

The United States has an adversary system, in which the two parties present evidence in court.

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The Trial (Cont’d)

Each side can challenge the material evidence and cross-examine the witnesses.

The burden of proof lies with the state.It is a violation of due process for the

government to withhold evidence that could benefit the accused.

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The Trial (Cont’d)

Once the evidence is presented, the judge reads the charge to the jury.

The prosecution and defense summarize the case.

The jury then decides between verdicts of guilty and not guilty.

The jury or judge will decide upon the sentence.

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Posttrial Proceedings

A person who is acquitted cannot be tried again for the same offense.May be tried for a related offense

Even if a person is found not guilty of a crime, a victim of that crime can sue the defendant.

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Posttrial Proceedings (Cont’d)

A defendant may appeal a guilty verdict.

If serious procedural errors are found, the appellate court may return the case to a lower court for retrial.

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Texas Court Organization43

Municipal Courts

Municipal courts are set up by cities.Try violations of city ordinancesHandle minor violations of state law

They are not normally courts of record.The qualifications for judges are set by

the city charter or ordinances.Most are appointed for two-year termsSalaries vary widely

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Justices of the Peace

Justice of the peace courts have original jurisdiction in misdemeanor cases when the maximum punishment is a fine less than $500.

They hear civil matters where the amount in controversy does not exceed $10,000.

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Justices of the Peace (Cont’d)

Justices of the peace may also Issue warrants for search and arrestServe as notaries publicConduct preliminary hearingsPerform marriagesServe as coronersHear cases involving small claims

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Justices of the Peace (Cont’d)

The only qualification to serve as a justice of the peace is to be a registered voter.

They must take a course in the performance of the duties of the office.

Their salaries vary greatly.The public often regards justices as biased,

untrained, and incompetent.

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County Courts

Each county has a county court presided over by the county judge.Must be “well informed in the law of the state”

They handle probate and other civil matters in which the amount in dispute is between $200 and $10,000.

Their criminal jurisdiction is confined to serious misdemeanors.

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County Courts-at-Law

Judges are elected for four-year terms.They have either civil or criminal

jurisdiction or a combination of both.Their civil jurisdiction includes cases

involving claims of less than $100,000.

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County Courts-at-Law (Cont’d)

Their criminal jurisdiction includes misdemeanors that include a jail sentence or a fine in excess of $500.

A court-at-law judge usually must have four years’ experience as a practicing attorney or judge.

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County Courts-at-Law (Cont’d)

The Courthouses of Tarrant County, Somervell County, Hood County, and Anderson County Photos courtesy of Texas Historical Commission

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District Courts

District courts are the chief trial courts of the state.

Judge must beAt least 25A resident of the district for two yearsA citizen of the United StatesA judge or a practicing attorney for four years

Judges are elected for four-year terms.

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District Courts (Cont’d)

District courts have jurisdiction in felony cases.About one-third of their caseloads

Civil cases in which the claim exceeds $200 may be tried in district courts.Approximately 69 percent of their workload

Juvenile cases are usually tried in district courts.

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District Courts (Cont’d)

Plea bargaining is often used to dispose of criminal cases at this level.

Many lawsuits are resolved through negotiated settlements.

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Courts of Appeals

Courts of appeals hear appeals in both civil and criminal cases from district- and county-level courts.

Appeals judges are elected from their districts for six-year terms.

They must be at least 35, with at least 10 years experience as a lawyer or judge.

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Court of Criminal Appeals

The Court of Criminal Appeals is the highest appellate court in criminal cases.One presiding judge and 8 other judgesElected statewide for six-year terms

They must be at least 35 years old and be lawyers or judges with 10 years experience.

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Court of Criminal Appeals (Cont’d)

It reverses a very small percentage of the cases that it hears.

Ordinarily, a reversal means that the case will be retried.

It has been criticized for its interpretations of Texas’ Bill of Rights.

It has sole jurisdiction over automatic appeals in death penalty cases.

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Court of Criminal Appeals (Cont’d)

Timothy Cole (AP Photo/Harry Cabluck)

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The State Supreme Court

The Texas Supreme Court is the final court of appeals in civil and juvenile cases.One chief justice and 8 associate justicesElected statewide for six-year terms

Justices must be at least 35 years of age and a lawyer or judge for at least 10 years.

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The State Supreme Court (Cont’d)

The Texas Supreme Court only takes the cases it views as presenting the most significant legal issues.

It also plays a policy-making role in the state.

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Selection of Judges

Texas elects its judges in partisan elections.

The governor fills vacancies by appointment.

Approximately 80 percent of all Texas judges are reelected unopposed.Serious competition is uncommon.

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Selection of Judges (Cont’d)

Voters know little about judicial candidates.

Many voters make their choices based on the candidate’s party affiliation.

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Selection of Judges (Cont’d)

Candidates spend as much money as possible to make their names well known.

In recent elections, incumbents to the Supreme Court have raised large sums of money.

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Selection of Judges (Cont’d)

Individuals and organizations often appear before judges after having contributed to their election campaigns.This gives the appearance of possible bias.

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Selection of Judges (Cont’d)

© Ben Sargent. Reprinted by permission of Universal Press Syndicate

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Minority Representation

Minorities have increased their representation in the courts.

They are still underrepresented.

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You Can Make a Difference: Dealing Intelligently with Law Enforcement Officers in Texas

Many students may become involved in the criminal justice process.

Any arrest can have serious consequences.

If you are arrested, be respectful and obey the officers.

Sometimes a polite explanation can prevent a ticket.

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You Can Make a Difference: Dealing Intelligently with Law Enforcement Officers in Texas (Cont’d)

Do not confess guilt or argue your innocence.

If you believe a police order is unlawful, politely state your belief.

If you are given a ticket, you might be able to take a safe-driving course to absolve your responsibility.

Consider obtaining a plea bargain.

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