Law, Courts, and Justice

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Law, Courts, and Justice

• Chapter 25

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I. An Introduction to Texass Justice System
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• The connections between politics and justice
  results from all judges being elected with
  partisan identification.
• But many judges are first appointed to their
  position when the former judge retires (or dies)
  before the next election.
• These appointments, as well as elections, are
  influenced by party affiliation.

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II. State Law in Texas

• Texas has one one the largest court systems in
  the nation, with gt3,000 judges, dealing with
  millions of cases each year.

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• Texas courts deal with
• civil law (def) law concerning non-criminal
  matters.
• Criminal law (def) law concerning felony and
  misdemeanor offenses, by people against other
  people and property.

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Criminal law concerns

• Misdemeanors (def) classified as A, B, or C, they
  may be punished by fine and/or jail time.
• Felonies (def) serious crimes punished by fines
  or prison confinement.

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Courts Authority

• Jurisdiction (def) authority to hear a particular
  case.
• Original jurisdiction (def) the power of a court
  to hear a case first.
• Appellate jurisdiction (def) a courts power to
  review cases after they have been tried in
  another court.

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A. Sources of Law

• Three sources of law in Texas
• i. state statutes
• ii. the Texas Constitution
• iii. common law (def) judge-made law,
  based on tradition and custom.
• General and Special Laws of the State of Texas
• Vernons Annotated Revised Civil Statutes of the
  State of Texas

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B. Code Revision

1. Texas laws were reorganized by topics in 1963.
2. The Code of Criminal Procedure and the Penal Code
   are revised from time to time, (1993, 1965,
   1967).
3. All are found in Vernons Statutes

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III. Courts, Judges, and Lawyers
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• The Texas court system is a very complex system
  ranging from local courts to the state Supreme
  Court and the Court of Criminal Appeals.
• A court may have exclusive jurisdiction or
  concurrent jurisdiction.
• Check out Table 10.1, page 388, for a list of
  judges salaries and qualifications.

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A. Local Trial Courts

• Local trial courts have limited jurisdiction
  (municipal and JPs).
• These judges serve as magistrates (def) officers
  of the state.
• Municipal Courts
• Judges are either elected or appointed.
• They hear minor cases (ordinances and Class C).

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4. Justice of the Peace Courts

1. JPs are elected to 4-year terms no legal
   training necessary.
2. They hear minor cases, may perform marriages and
   may act as coroner.
3. A constable (def) responsible for serving
   subpoenas and other papers for a JP.

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• A court of record (def) has a court reporter or a
  device to record testimony and proceedings
• If there is no record, the appealed case is
  received as a trial de novo (def) a new trial.
• Small Claims Courts
• Often a JPs responsibility
• Court proceedings are much less formal
• Claims are lt 5,000.

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B. County Trial Courts

• county-level courts are courts of record,
  presided over by a county judge elected for a
  4-year term.

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1. Constitutional County Courts

1. Each of the 254 counties has a county judge, who
   may hear cases and serves on the commissioners
   court.
2. Most have original, appellate, civil, criminal
   jurisdiction and probate.
3. ¾ of county judges are NOT attorneys.
4. More serious cases are often moved to a
   higher-level court.

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2. County Courts at Law

• Counties with a large population have county
  courts at law to relieve the county judges
  burden of hearing many cases.
• ltltltltlt(Judge Keith Self)

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3. Probate Courts

• These courts determine the validity of wills and
  designate guardians over persons and estates.

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C. State Trial Courts

• District and criminal district courts are the
  chief trial courts in Texas.
• Each has a single judge, elected for a 4-year
  term.
• The 432 district courts, in Texas were increased
  to 439 in January, 2007.

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1. District Courts

1. Judges must have legal experience
2. All criminal jurisdiction is original
3. The court has original jurisdiction over civil
   matters, as well.
4. There are 12 miss-named criminal district courts
   in Texas
5. Such courts are in Tarrant, Dallas,
   and Jefferson counties.

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2. Drug Courts

1. Metropolitan counties must establish drug courts.
2. In 2005, there were 44 drug courts in Texas.
3. They have led to much lower re-arrest rates.
4. Because of the expense the program may end

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D. Appeals Courts

• Appellate courts include the courts of
  appeals,the Supreme Court, and the Court of
  Criminal Appeals. All judges have 6-year terms.
• Each court has 3 or more judges.
• Decisions are decided by a majority vote of the
  judges.

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1. Courts of Appeals

1. There are 14 courts of appeals that hear civil
   and criminal cases.
2. Each has a chief justice and 2 to 12 justices,
   who usually sit in panels of three.

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2. Texas Court of Criminal Appeals

1. Texass highest criminal court, with 9 justices.
2. Only Texas and Okla. have bifurcated (divided
   court systems).
3. Justices are all elected in statewide elections
   to 6-year terms.

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State Supreme Court

1. This is the supreme court for all civil law
   cases.
2. It issues writs of error when it agrees to hear
   a lower court decision.
3. The Court establishes procedures for lower courts
   to follow.

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4. Disciplining/Removing Judges.

• Different forms of discipline include
• Voting them out of office
• Trial by jury for misconduct
• Impeachment for state court judges

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• The State Commission on Judicial Codes has the
  power to quickly discipline poor judges, if
• The fail to follow the rules of the Supreme Court
• Demonstrate incompetence
• Display inappropriate conduct
• Violation of the Texas Penal Code
• Punishments vary

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5. Lawyers

• the Supreme Court and State Bar of Texas
  regulate lawyers.
• The Board of Law Examiners give the state bar
  exam issue licenses.

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b. State Bar of Texas

1. Texas attorneys must join the State Bar of Texas
   and pay dues.
2. The bar is authorized to discipline, suspend, and
   disbar attorneys.

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c. Legal Services for the Poor

1. The State Bar requires all lawyers to donate 50
   hours/year for charity legal assistance.
2. At times, they may collect contingency fees (def)
   compensation paid from money recovered in a
   lawsuit.
3. Another source is www.texaslawhelp.org .
4. Legal forms may be found on the website.

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d. Self-Help Legal Software

1. The state bar has fought self-help books and
   software.
2. But in 1999, the legislature authorized their
   use.

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IV. Juries

• Texas has two types of juries grand juries and
  trial juries.
• Grand juries are used for felony indictments
  petit (trial) juries are used to determine guilt
  or innocence and to try civil cases.

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A. The Grand Jury

1. (Def) composed of 12 persons with the
   qualification of trial jurors, a grand jury
   serves from 3 to 6 months, while it determines if
   sufficient evidence to indict.
2. A judge selects 12 jurors from a list from the
   jury commission and indict requires 9 of 12
   members to be in agreement.

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B. Trial Jury

• Petit jury (def) trial jury of 6 to 12 members.
• Qualifications of jurors
• Citizen of the US/Texas
• 18 years of age or older
• Of sound mind
• Literate
• Neither a convicted felon nor under indictment

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3. Reasons for exemptions

• 70 years of age or older
• Have legal custody of a child
• Enrolled in school or college
• Primary caregiver for invalids
• Employed by he state legislature
• Have had jury service in the past 3 years
• A judge may excuse for other reasons

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4. Selection of Jurors

1. Venire (def) a panel of prospective jurors.
2. List list of prospects comes from the Sec. of
   State.
3. Voir dire (def) is the time that attorneys
   question the prospective jurors.
4. Attorneys may excuse prospects with peremptory
   challenge or for cause.

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1. Jurors can lot be dismissed because of race or
   gender.
2. The first 12 form the venire (impaneled jury)
   6 make up a lesser jury.

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6. Compensation of Jurors

1. Pay ranges differs, but the minimum is 6 for the
   1st day 40/day for each additional day.
2. In 2005, this became the first increase in pay in
   50 years!

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1. Taylor v. Louisiana (1975) requires a jury to
   show the cross-section of the community.
2. This makes the 6th Amendment a reality!

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V. Judicial Procedures

• At some time, almost everyone will go to court
  as a litigant, a witness, or a juror.

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A. Civil Court System

• Civil law (def) refers to matters not covered by
  criminal law they include
• Torts
• Contracts
• Domestic relations
• Suits between individuals /or corporations

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2. A plaintiff may receive three types of damages

1. Economic damages
2. Non-economic damages
3. Punitive damages

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B. Civil Trial Procedure

• The Texas Supreme Court makes the Rules of Civil
  Procedure, which must not conflict with any
  general law of Texas

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1. Pretrial Actions

1. There is a plaintiff (def) injured party and a
   defendant (def) party being sued.
2. The plaintiff files a petition, listing the
   complaints.
3. The court issues a citation and the defendant
   answers the complaint.
4. A jury may be used to determine the facts.

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2. Trial and Appeal the Case

1. First the plaintiff and then the defendant
   presents his/her case.
2. The judge give the jury special issues (def)
   questions the jury must answer to establish facts
   in the case.
3. The verdict is the jurys decision
4. If a jury is used the judges only duty is to
   apply the law.
5. An appeal goes to one of the 14 appellate courts.

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C. Criminal Justice System

• There are gt 1900 crimes that are classified as
  felonies in Texas
• These crime have graded penalties (def) felonies
  are graded as 1st, 2nd, 3rd degree. Misdemeanors
  are graded as A, B, C.
• A two-step procedure is used in a capital felony
  case (def) a crime punishable by execution or
  life in prison.

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• Graded penalties
• Capital Punishment
• Murder becomes a capital felony in certain,
  extreme cases.
• In the 2nd phase of the trial the jury must
  answer two questions

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• Is the defendant a future threat to society?
• Is there evidence that the defendant received
  abuse as a child or is mentally retarded?
• The minimum sentence is life imprisonment without
  parole.
• The death penalty cannot be used against anyone
  under 18 or mentally retarded.

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D. Criminal Trial Procedures

• Pretrial Actions
• A magistrate must explain to the accused the
  nature of the charges.
• The Defendant is brought to trial on charges
  found in a grand jury indictment or a bill of
  information.
• Juries must be used in capital felony cases.
• Criminal cases often in in a plea bargain (def)
  accepting a guilty plea to a lesser offense.

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2. Trial of a Criminal Case

1. The prosecution presents its case, followed by
   defense cross-examination then its the
   defenses turn.
2. After all testimony evidence is presented the
   case goes to the jury (or judge).

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3. Verdict, Sentence, Appeal

1. A unanimous jury decision is required
2. If not, the judge declares a mistrial.
3. The judge may disregard a guilty verdict.
4. Sentencing is a separate hearing.
5. If found guilty the defendant has the right to
   appeal
6. Appeals must be filed within 15 days.
7. The prosecutor has very little opportunity to
   appeal.

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VI. Correction and Rehabilitation
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• Correctional institutions are designed to punish
  and isolate criminals, while deterring others
  and to rehabilitate lawbreakers.
• Texans in correction facilities or under
  community supervision (probation) is larger than
  any other state.
• There are gt 650,000 individuals under such
  supervision in Texas.

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A. The Texas Dept. of Criminal Justice (TDCJ)

• The three divisions of the TDCJ are
• The Correctional Institutions Division
• The Community Justice Assistance Division
• The Parole Division

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State Correctional Institutions (for Adults)

• The Prison
• Its goal is to correct or change behavior of the
  felons.
• Discipline education combat recidivism (def)
  re-imprisonment, after release.
• Prisoners are enrolled in educational classes and
  offered physical work.
• Most prisoners committed crimes under the
  influence of drugs.

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b. Prison Problems

1. Overcrowded conditions
2. Low pay poor conditions for employees
3. High employment turnover rate
4. Higher health care expenses for aging prisoners
5. Terrorist groups and activities
6. Gangs with the prison system

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c. State Felony Jails

1. State jails first opened in 1994
2. These house inmates with lesser felonies.
3. The program provides for substance abuse
   treatment
4. State jails have been very effective

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3. Local Government Jails

• County Jails
• All but 17 counties have jails.
• Some are private, but most are operated by the
  county
• The jails main purpose is to detain those
  awaiting trial and serving misdemeanor offenses.

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b. Municipal Jails

1. There are gt300 city jails in Texas.
2. Some only serve as drunk tanks while others
   hold all types of prisoners.
3. They are held only until transfer to the county
   jail.

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4. Private Prisons and Jails

1. gt 20 of all US prisoners are housed in private
   prisons in Texas.
2. The operate under the supervision of the
   Correctional Institutional Division or the Texas
   Commission on Jail Standards.

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5. Supervision of Released Offenders

• Criminal justice reform measures in recent years
  have emphasized supervision of released offenders
  and more effective rehabilitation.
• Probation and parole, community-based activities,
  are also being emphasized because of the high
  cost of confinement

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a. Community Supervision

1. When not imprisoned, felons are placed under
   community supervision.
2. State funds are used to hire probation officers.

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b. Parole

1. After serving a part of their sentence, prisoners
   may be eligible for parole.
2. The state Board of Pardons and Paroles
   administers the program.
3. A prisoner serving a life term must serve 30 to
   40 years to become eligible.
4. Others may apply after serving ¼ of the sentence
   or 15 years.
5. Some wear GPS monitoring devices.

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c. Re-entry Issues

• A convicted felon has his right to vote
  restored, when his sentence is completed, but
• Faces these problems...
• Cannot serve on juries
• Cannot hold an elected office
• Cannot serve as a trustee of an estate
• May find it more difficult to find a job

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• Be excluded from jobs in education, child care,
  etc.
• Require enhanced liability from employers for
  certain jobs
• Cannot obtain certain state licensures.

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• If convicted of drug related offenses, they are
  also
• Barred for life from receiving TANF benefits
• Food stamps
• State student aid for 2 years
• Denied a drivers license.

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VII. Juvenile Justice

• Young people from 10 to 17 years old are treated
  as delinquent children, when they commit crimes.
• They are status offenders if they commit
  non-criminal acts, like failing to attend school.

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A. State and Local Agencies

1. Each county must have a juvenile probation
   program.
2. The Texas Juvenile Probation Commission (TJPC)
   oversees them.
3. The Texas Youth Commission (TYC) supervises the
   rehab. and training of delinquent youths.

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B. Procedures and Institutions

• Counseling and probation are used most often with
  juveniles.
• Arresting officers have much discretion, when
  dealing with young offenders.
• gt100,000 youths enter the system each year in
  Texas

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1. Court Procedures

1. Trials are called adjudication hearings.
2. Cases are considered civil, not criminal.
3. The Juvenile Determinate Law covers 20 offenses.
4. Juveniles may stand trial as an adult.
5. Others may be transferred to adult prison when
   they turn 18.

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2. Texas Youth Commission Facilities

1. If found guilty of a serious crime they may go to
   TYC training schools or boot camps.
2. 5,000 youths were held in 2004, for an average of
   21 months.
3. Recidivism in Texas is 50
4. Education is the critical element to curb
   recidivism.

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3. Racial/Ethnic Issues

1. There are more African American and Latino youth
   in the juvenile justice system than Anglos.
2. Anglos commit 70 of offenses but receive less
   punishment.
3. Unfair treatment can be found throughout the
   system making this a serious state problem.

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VIII. Problems and Reforms

• Reforms in the areas of law and justice are the
  result of political pressures brought to bear on
  legislators.

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A. Coping with Crowded Dockets

1. Alternative dispute resolution (ADR) is used to
   help solve this problem (def) using mediation or
   arbitration to resolve disputes without having a
   regular trial.
2. Collaborative divorce is also used without the
   use of a courtroom.

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B. Selection of Judges

1. Texas elects all of its judges, except for
   municipal judges.
2. Reforms, like the Missouri Plan has been
   suggested (def) a commission recommends a list of
   names to the governor, and a one-year appointment
   before voters elect the judge to a full term.

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1. Another reform plan is the appointment-retention
   system (def) a merit plan where the governor
   appoints a court vacancy for a trial period, then
   the judge must win a full term in an election
2. Either plan would be an improvement.

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C. Technology

1. DNA evidence has be conclusive in trials.
2. But because of mistakes in handling the DNA, all
   crime labs must be accredited.
3. The Texas Forensic Science Comm. was created to
   investigate negligence in crime labs.

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D. Exoneration Issues

1. DNA results have led to the release of innocent
   prisoners.
2. However, exoneration is remote for an innocent
   prisoner.
3. It requires the efforts of officials from DAs to
   the governor.
4. Texas compensates these victims with 25,000/year
   to a max of 500,00

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E. Racial Ethnic Diversity

1. Changes in Texass demography has affected the
   justice system.
2. Racial profiling has became a major problem
3. Such bias is the subject of growing concern, as
   our state becomes a majority-minority state.

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