ERIC ED374063: Your Court. How the Rhode Island Judiciary System Works. First Edition and Teacher's Resource Book.

58 Pages·1992·1.5 MB·English

by  ERIC

DOCUMENT RESUME
SO 024 493
ED 374 063
Leonard, Donald E.
AUTHOR
Your Court. How the Rhode Island Judiciary System
TITLE
Works. First Edition and Teacher's Resource Book.
Ocean State Center for Law & Citizen Education,
INSTITUTION
Providence, RI.
Department of Education, Washington, DC.; Rhode
SPONS AGENCY
Island Bar Association, Providence.
92
PUB DATE
81p.; For related materials, see SO 024 491-492.
NOTE
Ocean State Center for Law and Citizen Education, 22
AVAILABLE FROM
Hayes Street, Room B-15, Province, RI 02908.
Instructional Materials (For
Classroom Use
Guides
PUB TYPE
Teaching
Classroom Use
Guides
Learner) (051)
Guides (For Teacher) (052)
MF01/PC04 Plus Postage.
EDRS PRICE
Citizenship Education; Civics; Civil Liberties; Civil
DESCRIPTORS
Rights; Constitutional Law; Court Judges; Court Role;
Criminal Law; Due Process; Intermediate Grades;
Junibr High Schools; Juries; *Law Related Education;
Middle Schools; Sentencing; Social Studies; *State
Courts
*Rhode Island
IDENTIFIERS
ABSTRACT
middle
The first part of this document, designed for
A history
school students, describes the Rhode Island court system.
and their
of the court in Rhode Island, an explanation of courts
jurisdictions, the jury, appointment and duties of judges, court
outlines the
personnel, and sentencing are explained. An appendix
those found
rights of crime victims, the accused and defendants, and
middle school
guilty. The second part of the document is designed for
graphics, and
teachers and contains a collection of sample lessons,
"Your Court." It
class activities for use with the student text,
students learn
includes a glossary of legal terms, activities to help
additional
about the Rhode Island courts, and suggestions for
resources. (RJC)
**********************************************************************
made
Reproductions supplied by EDRS are the best that can be
from the original document,
***********************************************************************
U S DEPARTMENT OF EDUCATION
Oft.ce ad Educatamil RMArCh and Improvement
E UCATIONAL RESOURCES INFORMAT
CENTER (ERIC)
Thm document 1123 been reproduced as
recetvee horn the person or organization
Ortgmattng it
O Mmor changes have been made to .mprove
reproduchOn Quality
MN.
Pants of vrew or op.n.ons stated m IreS dote
ment do not necessarily represent othclat
OERI peattron or policy
"PERMISSION TO REPRODUCE THIS
MATERIAL HAS BEEN GRANTED BY
/22.)
.11-J
TO THE EDUCATIONAL RESOURCES
INFORMATION CENTER (ERIC)
V
e
BEST COPY AVAILABLE
Works
How the Rhode Island.
iciry Sys
2
COURT
How the Rhode Island Judiciary System Works
FIRST EDITION
Written and Edited by
Donald E. Leonard
Designed by
Colony Multimedia, Inc.
Published 1992 by
Ocean State Center for Law & Citizen Education
22 Hayes StreetRoom B-15
Providence, Rhode Island 02908
Funded by
the R.I. Bar Association and the U.S. Department of Education
3
INTRODUCTION
Dear Students,
It is my pleasure to introduce to you a very important book Your
the
Court: How the Rhode Island Judiciary Works. Whether it is by protecting
helping families
equal rights of all citizens, ensuring that children are cared for,
bringing people
work out their differences, or maintaining a safer society by
charged with crimes to a fair trial, the courts and the laws touch everyone.
and civil courts
I hope that by reading and talking about the criminal
that this will better prepare you to be an active participant in our very precious
democracy.
who
You may someday come to court as a juror, a witness, or someone
and learn more. Whatever the reason I
or maybe just to visit us
needs our help
judges and staff applaud your desire to learn about
want you to know that the
all of us.
the judiciary because the Rhode Island courts belong to
Good luck and best wishes for a successful year.
Thomas F. Fay, Chief Justice, Supreme Court of R.I.
4
ti
-
*
"...that this Court is under the
obligation to
most solemn
of the land..."
execute the laws
James Vamum, attorney
from the trial of TREVETT v. WEEDEN
(R.I. 1794)
5
FOREWORD
This book is to give you, a student in middle school, an understanding
lives.
of the Rhode Island court system. This court system is already part of your
As you mature, you will take more active roles in the court as a juror, as an
employee of the court, or as an officer of the court, an attorney, or perhaps, even
as a judge.
provided
To the students, parents, teachers and court personnel who
offer a
insight, ideas, and support with the content and format of this book, I
humble "Thank you."
Donald E. Leonard
Donald Leonard has an A.B. from Brown, an M.A.T. from Rhode
Island College and did his doctoral work at Boston University. He recently
retired after 35 years as a teacher-counselor-administrator in the Providence
and Cranston schools. Don was a James Madison Fellow at Indiana
University, a participant in both the Jaworski Institute in Constitution and
Law and in the NEH Seminar in Black Studies. He has been an LRE
trainer for both the Constitutional Rights Foundation and NIGEL, and is
the author of several articles on Rhode Island history.
6
CONTENTS
HISTORY OF THE COURT IN RHODE ISLAND
1
4
THE COURTS AND THEIR JURISDICTIONS
Rhode Island Supreme Court
5
6
Superior Court
District Court
7
8
Family Court
9
City and Town Courts
10
The Federal Court
12
THE JURY
APPOINTMENT AND DUTIES OF JUDGES
15
THOSE WHO WORK IN THE COURTS
18
22
SENTENCING
APPENDIX
24
Rights of Crime Victims in Rhode Island
25
Rights of the Accused/Defendants
26
Rights of Those Found Guilty
USEFUL INFORMATION
Words that appear in all CAPITAL LETTERS in the text are key pl trases
that will help you to understand the R.I. court system. -
7
persons..."
"...four judicious and skillful
chosen by the General Assembly
were
Governor
and commissioned by the
of 1729.
be judges in the civil court
to
Amasa M. Eaton,
Development of Judicial System in Rhode Island, 1904
rt in R
Island
His
of the
court was in Portsmouth. The
In 1637 Rhode Island's first organized
judge was elected and worked closely with the officials of the town. Courts of
magistrates and jurors began in Newport and Portsmouth in 1640. In 1647
courts in Providence and Warwick joined the other towns under a new CHAR-
TER. These courts were called THE GENERAL COURT OF TRIALS, the
beginning of our state SUPREME COURT.
In 1729 the Colony of Rhode Island was divided into counties. Each
"...four judicious and
county had a criminal court with justices and a civil court.
skillful persons..." were chosen as judges by the General Assembly. They were
made official by the Governor. For years the General Assembly not only selected
the judges, but also changed the decisions of the courts, replaced judges and
reviewed every case. This control of the courts lasted until 1856. In that year the
took away the power of the General Assembly to
case of TAYLOR v. PLACE
"...review, revise or reverse..." the decisions of the courts.
The King Charles Charter of 1663 allowed the governor and other
Assembly and judges of the
state officials to be elected members of the General
General Court of Trials. That court became our SUPERIOR COURT. From
1
that court eventually came the SUPREME COURT OF RHODE ISLAND.
CharterAn orderly plan of governing a colony, state or country.
MagistrateAnother title for judge used in federal courts.
9
.
1637
.1636
t()ItlI11,11.(01t11 111 11011111(41111.
ISLAND was passed in
When the CONSTITUTION OF RHODE
organized into executive, legislative and
1842, the government of the state was
and authority. This system
judicial branches. Each branch has its own power
the citizens. No one branch is stronger
allows for checks and balances to protect
than the others.
the General Assembly created
As part of the judicial system, in 1886
the court within each district a judge could
12 judicial districts in the state. In
without a jury.
decide on certain criminal and civil cases
established in 1944. For
RHODE ISLAND JUVENILE COURT was
people were tried as adults.
before this court was established young
a long time
1961 became FAMILY COURT with
Many were sent to prison. This court in
the family, including divorce.
the authority to deal with all matters concerning
considered,a criminal.
In this modern court the juvenile is not
with more than 127,000 cases
Today all of the courts of the state deal
responsibility of about 2,500 cases each
filed each year. Each judge has the
2
the framework of our state government.
ConstitutionThe supreme law of the state and
JuvenileA person under the age of 18.
10
,
).
.
'
a prion... first
.1."6rt,,motiti) erect
h
tei:c 1
163
P
.1638
.colonv.
.".