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COURTS Slide 2 DUAL COURT SYSTEM FEDERAL STATE Slide 3 FEDERAL COUNTERFEITING KIDNAPPING SMUGGLING DRUG TRAFFICKING Slide 4 STATE COURTS FOR EVERY ONE FELONY CONVICTION IN FEDERAL COURT THERE ARE MORE THAN 20 FELONY CONVICTIONS IN STATE COURT Slide 5 JURISDICTION THE GEOGRAPHIC TERRITORY OR LEGAL BOUNDARIES WITHIN WHICH CONTROL MAY BE EXERCISED; THE RANGE OF A COURTS AUTHORITY Slide 6 FEDERAL VS STATE Slide 7 STATE COURT STATE SUPREME COURT STATE COURT OF APPEALS TRIAL COURTS/DISTRICT COURTS (GENERAL JURSDICTION) TRIAL COURTS/LIMITED JURSDICTION MUNICIPAL COUNTY CONCILIATION COURTSUP TO $10,000 Slide 8 JUDGES EXPECTED TO EMBODY JUSTICE Six methods of selection Gubernatorial appointment Legislative selection Merit selection Nonpartisan election Partisan election Mixture of methods Slide 9 STATE OF MN NONPARTISANPARTY AFFILIATIONS ARE NOT LISTED ON THE BALLOT Slide 10 MINNESOTA JUDGES SUPREME COURT-7 COURT OF APPEALS-19 DISTRICT COURTS JUDGES-289 Slide 11 JOB REQUIREMENTS LAWYER UNDER THE AGE OF 70 ELECTED TO 6 YEAR TERMS IF APPOINTED BY THE GOVERNOR SERVE AT LEAST ONE YEAR BEFORE AN ELECTION Slide 12 DISTRICT COURTS TEN DISTRICTS 2 ND RAMSEY COUNTY 4 TH HENNEPIN COUNTY 10 TH WASHINGTON COUNTY 10 JUDGES Slide 13 MN TEN DISTRICT COURTS Slide 14 MINNESOTA SUPREME COURT CHIEF JUSTICE LORIE SKJERVEN GILDEA ESTABLISHED IN 1849 MN BECAME A STATE IN1858 Slide 15 Slide 16 MN SUPREME COURT Slide 17 FIRST CASE A PERSON WANTED $2 PASTURE FEE FOR A STRAY COW THAT HAD WANDERED ONTO HIS PROPERTY Slide 18 DECISION??? Slide 19 Slide 20 MN COURT OF APPEALS 19 JUSTICES FINAL RULING 95% OF ITS CASES TO MAKE IT MORE EFFICIENT THE JUSTICES FORM 3 JUDGE PANELS AND THEY TRAVEL THROUGHOUT THE STATE Slide 21 AKA: APPELLATE COURTS THEIR JOB IS TO REVIEW THE DECISIONS OF LOWER COURTS Slide 22 U.S. SUPREME COURT 9 JUSTICESNUMBER SET BY SENATE JOHN G. ROBERTSCHIEF JUSTICE SINCE 09/2005 APPOINTMENT FOR LIFE APPOINTED BY THE PRESIDENT Slide 23 JUSTICE JOHN G ROBERTS Slide 24 U.S. SUPREME COURT Slide 25 SUPREME COURT IS KNOWN AS: THE COURT OF LAST RESORT Slide 26 WARREN BURGER APPOINTED BY NIXON GRADUATE OF JOHNSON H.S. CHIEF JUSTICE 1969 TO 1986 DIED IN 1995 Slide 27 U.S. STATE ATTORNEY Minnesota Criminal Division Civil Division Administrative Division Community Relations Division Slide 28 CRIMINAL DIVISION ECONOMIC CRIMES Investment Banking Public Corruption NARCOTICS Works with DEA, IRS, FBI Slide 29 MAJOR CRIMES Bank Robberies Counterfeiting Crimes on the Red Lake and Bois Forte Indian Reservations Slide 30 CIVIL DIVISION TORT ACTIONS Agent sued Medical Malpractice Wrongful Death Slide 31 U.S. ATTORNEY GENERAL Part of Cabinet---Department of Justice Appointed by President Eric Holder Jr. Appointed 02/03/2009 Slide 32 Slide 33 MN ATTORNEY GENERAL Chief legal officer for the State of Minnesota Chief policy maker in areas of Consumer protection Health Care Housing Utilities Slide 34 Lori Swanson Elected in 2006 First female MN AG Slide 35 PROSECUTORS District Attorney States Attorney County Attorney Commonwealth Attorney Slide 36 WASHINGTON COUNTY ATTORNEY PETE ORPUT Slide 37 Slide 38 Other duties Legal Advisor to Police Departments Guide Police Investigations Close Working Relationship Slide 39 DISCRETION Prosecutorial Discretion Lies in the power to charge, or not to charge, a person with an offense Slide 40 TRIAL The examination in a court of the issues of fact and law in a case for the purpose of reaching a judgment of conviction or acquittal of the defendant Slide 41 48 HOUR RULE Arrested without a warrant Must go before a Judge no later than 48 hours so the Judge can determine probable cause for that arrest Slide 42 Clock begins immediately upon the time of arrest and includes the day of arrest. Saturdays, Sundays and legal holidays are also included. Slide 43 36 HOUR RULE/RULE 5/BAIL Arrested without a warrant---must be brought before the judge no later than 36 hours after arrest Slide 44 Computation does NOT include the day of arrest, Sundays or legal holidays. Slide 45