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Unit 8

Local Government

Joyce Pevler

on 14 May 2013

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Transcript of Unit 8

Unit 8: State and Local Government; State Courts handle all cases not given to federal jurisdiction, which is most all cases

Most state judges are elected officials
Elected in non-partisan elections -- No political parties listed (unbiased)
Debate over election process State Judicial Branch Filed in May 1994, the Leandro suit challenged the way North Carolina educates its public school students. After 11 years of litigation and two major North Carolina Supreme Court decisions—one upholding the right of every student to a sound basic education, and the other defining what the state would have to provide—the state's General Assembly is still struggling to determine how much money it should spend on low-wealth school districts as well as on urban districts that enroll large numbers of low-income students.

Wake County Superior Court Judge Howard Manning is pushing state officials to respond adequately to the courts' requirement to provide qualified teachers in every classroom, a competent principal in every school and sufficient resources for every class. But, while he has kept the heat on them to perform, he has resisted telling them how much money to spend. Leandro case involving school funding
Schools paid for by property taxes
More money = higher property tax (5) Amendments to the State Constitution. In addition to the above four types of statutes, the General Assembly may propose amendments to the State Constitution. If an act to amend the Constitution is approved by at least three-fifths of the total membership of each house, the proposal is then submitted to the voters of the whole State. If a majority of the voters approve, the proposed amendment becomes part of the Constitution. Very similar to Congress -
(called General Assembly in NC)

NC Senate-50 NC House 120
2 year Terms, no limits
For ALL members of General Assembly

Legislatures can be based only on population
Reynolds v. Sims
State congressional districts must represent the same number of people (one person, one vote) State Legislative Branch State Executive Branch -Governor–
4 year term,
2 consecutive term limit - No limit on total number of years
30 years old

-Lieutenant Governor-
Second in command in the state (like the Vice President) State Executive Branch Federalism Most governors are given more legislative power than even the President because they have the power to line-item veto.

Some Presidents want this power, but during the Clinton administration, the Supreme Court ruled this unconstitutional. Why do some people want President’s to have this power? Why not? State Executive Branch Supremacy Clause: Federal government supreme to states - Article 6 of Constitution State Constitutions
Highest law in the state
Approved by federal government

Federal-State Cooperation:
Federal government gives money to states to help programs
Full Faith and Credit Clause Federalism North Carolina
State Government State Congressmen =
Live in NC 2 years, district for 1
Varying requirements:
Full time job
NC House-21, NC Senate-25

Leadership = NC House Speaker & Lieutenant Gov.

Law Passing Process very similar to Congress
State laws called statutes North Carolina Supreme Court and Court of Appeals (Top)
Harnett County Courthouse Lower State Courts– misdemeanor cases, family law and small civil suits—judge only

Higher State Courts– felony cases, large civil suits—jury trials

Trial courts, county court, district court
39 districts in NC
Appellate Courts
Hears cases appealed from trial courts (appellate jurisdiction)
State Supreme Courts
6 justices, decision final State Judicial Branch Federalism: Power is shared by federal AND state government Enumerated Powers: Powers given to federal government ONLY
Reserved Powers: Powers given to state government (10th Amendment)
Concurrent Powers: Powers shared by federal and state government Same Roles as President
Executive- Executive orders, budget
Legislative- More veto power than President -- Can line-item veto
Commander- Of state National Guard
Party Leader- In state
Judicial- Pardon, commute, parole
State Leader State Executive Departments and Agencies
10 Major Executive Departments (appointed by Gov)
8 Council of State Departments (Elected)
Operate like the departments and agencies that aid the President http://www.governor.state.nc.us/contact/councilState.aspx Types of Statutes Budget Problems are greatest concern
Cannot adjourn until state budget balanced
Cannot deficit spend By following proper procedures and observing Constitutional limitations, the General Assembly can create new law and can destroy old law. The kinds of laws which are enacted may be classified under five general heads: (1) Laws regulating individual conduct. These laws prohibit certain acts or require certain acts by an individual in order to promote the interests of society generally. These laws frequently impose a penalty of a fine, imprisonment, or both, for violations, and in such cases are known as criminal laws. (2) Laws providing for services by the State. These laws include provisions for schools, hospital and health services, agricultural and industrial research, public recreation facilities, and many other types of services which the State may provide for its people. (3) Laws empowering or directing local governments to act. Cities, counties, and many other types of local governmental units are subject to State control. This control is generally exercised through the General Assembly by laws enabling or directing the local units to act in the manner desired by the State. (4) Laws determining how much money shall be raised by the State and for what purposes it shall be spent. When the General Assembly enacts the various tax and appropriations bills, it makes two determinations: (a) How much of the resources of the people of the State shall be taken for purposes of government, and (b) Which governmental services and purposes shall have priority in the competition for available funds. City Services Get powers from a charter given by the state (must have permission to form)

Incorporation: Official recognition from the state of a local government’s power (want services for citizens)

Annexation: The addition of more land into a city or town (by choice or force - to provide services) City Governments Largest level of local government

Gets all authority from the State Government
Cannot operate without state’s permission

Charters: Local version of a Constitution—It is given to local governments by the State
Describes government, structure, and powers

Common Purposes - Protection of and services to the people County Government Local Governments Harnett County Board of County Commissioners
5 Member Board of County Commissioners
Citizens elect commissioners
Partisan elections; held every two years --> Elected from geographical districts across the county.

The commissioners elect a chairman and vice-chairman during their first meeting in December.

The Harnett County Board of Commissioners is the governing body for the entire county. Responsibilities include:
overseeing the budget
zoning and planning issues
promoting growth
improving the quality of life for citizens of Harnett County. County Board (legislature)

Manager- Hired professional, runs county County Officials Pass laws and regulations
Ordinances--Term for local laws—also referred to as blue laws in some areas

Law Enforcement
Fire Services
Welfare County Services The Town of Angier Board of Commissioners, made up of the Angier mayor, four elected commissioners, and the town attorney, meets the first Tuesday of every month at 7:00pm at the Angier Municipal Building located at 28 N. Raleigh Avenue. Usually one of two major types of city governments
Mayor-Council Form (power divided)
Strong Mayor System
Weak Mayor System
Mayor’s power limited by city council

Council-Manager System
Elected Council hires professional to run government (called a manager) Elected local legislature Scott Sauer - Current Manager Sheriff
Chief law enforcement officer
Runs jail and Sheriff’s Dept.
*Coroner: Declares deaths, works on crime scenes

Register of Deeds: County records/ownership papers

District Attorney
Represents the county in court
Prosecutor for the county **Legislation passed in 1965 allowed individual counties to abolish the office of coroner and to appoint a medical doctor to investigate deaths within their counties.

By 1972, all the counties of the state either had physicians acting as county medical examiners or the coroner had been appointed acting medical examiner Clerk of Court
Marsha Johnson Register of Deeds
Kimberly Hargrove District Attorney - Shared with Lee County
Vernon Stewart Sheriff
Larry Rollins The Register of Deeds: Harnett County's elected official custodian and manager of public records.

The Register of Deeds records a variety of real property documents including deeds, deeds of trust, maps and others. The Vital Records Division maintains Harnett County birth records, death records, marriage licenses issued by Harnett County, and Military Discharges when filed with the County. All paid for with some money from the state, but mostly county taxes Mayor: Elected chief executive of the city who is responsible for overseeing city government

Council (city’s legislature)
Alderman: Pass ordinances to regulate city

Professional manager with full responsibility of government
Appointed by city council City Officials Can face more serious problems in urban areas
Cities have more people
More problems, more services (sometimes more taxes)

Same types of services - Paid for with extra city taxes and user fees
Law enforcement
Fire services
Health Cities Problems:
Produce more than 250 tons of solid waste, landfills full
Only 10% of hazardous waste disposed of properly
Waste is destroying land, air, and water quality
Incineration, recycling, conservation
Limit amounts of waste factories can produce
Unleaded gasoline, carpooling, public transit
No smoking areas Air, Water, Waste Solutions:
Increase police force
Community policing (Community Watch)
Social awareness programs (D.A.R.E.) Crime Problems:
Provide quality schooling to all students to meet No Child Left Behind Standards

State tests (EOC) in reading, math, and science in grades 3-8
Close schools that do not perform well
Charter schools
Tuition Vouchers (giving government money to families to pay for private schooling) Education Financing Public Policy Public Planning Public policy is what the public wants the government to do. The government must respond to public policy because it is the people they serve and the people who pay taxes to receive that service. Public Policy Housing Problems:
Local governments regulate how land is used to protect health, environment, safety, and property values

Planning Commissions and Zoning boards
Land-use plans
Library, Parks &
Cooperative Extension,
Child Care & Resource &
Industrial Development,
Solid Waste Management,
Soil & Water Conservation TRANSPORTATION
Transportation PUBLIC
Emergency Medical
Emergency Services (Fire),
Medical Examiner,
Animal Shelter GENERAL
Board of Elections, MIS,
Personnel, Public Bldgs, Facilities Fees,
Vehicle Maintenance **Finance Officer *Register of Deeds **County Manager *Sheriff, Jail,
Campbell Security *Board of Commissioners Citizens HUMAN
Dept. on Aging, CAPS,
Health, HUD,
Social Services,
Veterans Services,
Mental Health Public Policy: Response of the government to an issue
How to deal with issues that affect the whole community

Sources of Ideas
Government, party leaders, interest groups, citizens
Influenced by the media Planning Boards (community members)

Zoning Boards-- Local group of officials who make determinations about what types of buildings and the uses of buildings that are allowed in certain areas
Determine how to use community land County Boards and Planning Boards meet to make plans
Discuss growth and infrastructure
Have public hearings -- Get ideas for making public policy Master Plans
Infrastructure: How to provide the roads, homes, schools, etc. that a growing population needs
Short Term Plans: Carried out over next few years
Long Term Plans: Guide for next 10-20 years

Priorities and Resources: List most important goals and determine what they need to accomplish them To pay for community services

Property Taxes: Tax paid to local government based on value of registered property

Local Sales Tax: Percentage attached to store-bought items, paid to local or state government Business licenses: Charges businesses to operate and use local resources (land, water, etc.)

User fees: Type of charge that someone who actually uses a service -- water fees, toll roads, electricity, etc.

Bonds: Money invested in government for a period of time; paid back to investor with interest Problems: Providing affordable and safe housing for all community members Solutions:
Low-income housing subsidized (partially paid for) by government
Zoning boards set aside land only for housing Problems:
Crime rates high and growing with more poverty: robbery, assault, drug dealing, etc. Problems:
Large companies, vehicles, and people polluting the environment
Recently: drought (not enough rain)
Clean Air Act and EPA established by federal government
Monitor air and water quality by inspecting factories and vehicles
Tests Environment American Legal System Characteristics of Good Laws
If people understand the laws and believe they are fair, laws will be obeyed and enforced Good Laws Sources and Types of Law Magna Carta: Limits the power of the rulers (1215); Citizens receive fair trial

English Bill of Rights: Defined the people’s rights

Common Law System: Based on court decisions and precedents Hammurabi’s Code:
First written law system, very strict

Ten Commandments:
Moral rules based on the Bible Source of Our Laws 3 Strike Laws:
3 times charged = Jail Time

Parole: Early release from jail Criminal Penalties Types of Criminal Cases Lawsuits Criminal Cases Suits of Equity Probation
Usually includes school attendance and behavior Juvenile Punishments Private Court Room setting
Only those who are involved may attend the trial

No jury trial -- Judge only

More of a hearing than a trial
Judge examines evidences, issues sentence

Attorneys may be used Juvenile Court Juveniles are handled differently when arrested
In re Gault - must be given rights

Parents notified

Usually released to parents

Court date is set Juvenile Arrest REHABILITATION

Teach juveniles to be productive members of society

Cases deal with neglect by parents, abuse, or delinquency Juvenile Courts Juvenile delinquents are youths who have broken the law
All states allow older juveniles with previous records to be tried as adults
In re Gault

Should youth offenders be treated differently???
Different proceedings?
Different punishments? Juvenile Delinquency MUST be unanimous decision

Jury may be polled
Asked how/why they voted the way the did;
do not have to answer

Jury issues verdict: Decision, result
Guilty or
Not-guilty (acquittal)

Judge issues sentence
Punishment (may not be same day)
May appeal verdict/sentence Verdict Follow Instructions given by the judge
Deliberate in secret

Elect a Foreperson: Leads the jury’s discussion and voting

Must make unanimous decision: All must agree
“Beyond a reasonable doubt”

Hung Jury: Jury cannot agree,
Judge rules a mistrial (most stop here) Now it Goes to . . . The Jury Cross-Examination: Bring down testimony
(Question opposite side’s witnesses)

Defense’s Case: Lawyer presents accused’s side

Closing Statements
Wrap-up the case presented
Last chance to address the jury

Jury Instructions: Judge explains the law in the case (Petit) Jury is selected
Jury of peers selected by lawyers and judge

Opening Statements: Outline case to present

Prosecution’s evidence:
State’s lawyer/accuser presents evidence first Trial Process Some suspects plead guilty before a trial if they are given a lighter punishment
May turn over needed evidence to convict someone else
Too many people in the court system, get people through quickly Plea Bargaining Suspect will plead innocent or guilty
Can plead “no contest”

Trial Date is set
Court Docket -- Court calendar with all trial dates Arraignment Charges are read
Writ of habeas corpus
Prosecution must show probable cause to hold/charge person

Bail can be issued
8th Amendment
Recognizance: let you go without paying bail Preliminary Hearing Juveniles usually not fingerprinted or photographed

Juvenile records are sealed at age 18
Hopes for a non-criminal future

Usually lighter punishments Juvenile Protections A Grand Jury decides if formal charges will be filed
5th Amendment
Indictment - if there is enough evidence, person is officially charged with the crime Indictment Court System treats youth offenders very differently

A juvenile is someone considered underage

Usually 16 to 18 - Or younger Juveniles Ancient Law Systems Fairness Reasonable Understandable Enforceable Roman Codes English Law American System Declaration of Independence Constitution Types of Law Criminal Law Criminal Law– Laws that deal with specific statutory rules laid down by the government regarding people’s behavior
Prevents people from harming each other or each other’s property

Lesser offenses
Fine or a jail sentence of less than one year

Serious crimes with serious consequences Civil Law: Laws that are based on agreements and conflicts between individuals

Lawsuits: Legal action in which a person sues to collect damages

Contracts: Agreements between people that are legally binding

Family Law: Divorce, child custody, adoption, alimony, child support

Small Claims Courts: Lawsuits involving small amounts of money Civil Law Constitutional Law Constitutional Law: Law that deals specifically with rights and issues revolving around our rights as defined in state or national Constitutions
Serves as the guide for courts and legislatures when they decide punishment Administrative Law Administrative Law: Laws that are formulated in response to laws passed by Congress
Laws passed to ensure Congress’ laws are followed

Determined by the executive branch --
Either by the departments or by executive order

Has the same effect as law passed by legislature International Law International Law: Law determined by the United Nations and accepted throughout the world
Military agreements
Diplomatic treaties

Human rights: Violations brought to the International Court of Justice Civil and Criminal Cases Type of Civil Court Case

Lawsuits are when one person sues another for damages
An award of money paid for harm (compensatory or punitive)
Property Disputes
Contract Issues
Personal Injury Another type of Civil Law

Suits of Equity ask the court to make a decision based on fairness in an area where there is no law

Usually started to prevent some action from taking place
Keep things from happening

Injunctions—a court order to do or not do something
Example: protests Civil Law Civil Court Procedures Steps:
File a Complaint
Formal statement naming plaintiff, defendant, and nature of lawsuit
Summons is issued
Sent to the defendant to inform them of the case
Attorney’s exchange pleadings
The complaint and the defendant’s answer together
Court presentations
Attorneys present cases Can take years to settle in court because of so many cases
Most settle out of court Judge or jury deliberate looking for “Preponderance of evidence”
Whoever has best evidence wins

Verdict is issued
Plaintiff wins = remedy set
Plaintiff loses = gets nothing and pays court costs Criminal Law Criminal Case: Law that deal with cases involving violations of criminal code
Government charges defendant with a crime and is always the prosecution
“State vs. ___________”

Penal Code: Set of written laws and punishments designed by each state and the federal government to describe crimes
Police officers, lawyers, and judges must know it Crimes against Property
Larceny, Burglary, Robbery
Vandalism, Fraud, Embezzlement

Crimes against People
Assault Misdemeanors = Lesser crimes
Felonies = Serious/violent crimes Penalties vary according to the seriousness of the crime committed (8th Amendment)
Crime against people will carry greater punishments

Role of Punishment: Rehabilitation, deterrence
Goal is to help criminals learn to re-enter society and be productive
Keep others from committing crimes Indeterminate Sentencing Judge gives a range of sentences
Depends on judge, politics, etc. Mandatory Sentencing Criminal Procedure Prosecution vs Defense Arrest Police must have an arrest warrant

Rights Read -- “Miranda Rights”

Booked & Charged with crime
Fingerprinted and photographed

Attorney contacted
6th Amendment
Do not have to talk until attorney is present Process for Juveniles GOAL: Identity is SECRET and Private Juvenile names are usually NOT published in the media Lectures Reformatory Schools Foster Care: Placed with new guardians Institutional Placement:
Correctional facility or hospital Community Service "Boot Camp"
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