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Criminal JusticeCriminal JusticeA Brief IntroductionA Brief Introduction
CHAPTER
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
ELEVENTH EDITION
The Courts
7
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
FIGURE 7-1 The Structure of the Federal Courts
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
History and Structure of the History and Structure of the American Court SystemAmerican Court System
• Federal Court System The three-tiered structure of the federal
courts, comprising U. S. district courts, U. S. courts of appeals, and the U. S. Supreme Court
continued on next slide
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
History and Structure of the History and Structure of the American Court SystemAmerican Court System
• State Court System A state judicial structure and most
states generally have at least three court levels.• Trial courts, appellate courts, and a state
supreme court
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
History and Structure of the History and Structure of the American Court SystemAmerican Court System
• Jurisdiction The territory, subject matter, or people
over which a court may exercise lawful authority
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The State Court SystemThe State Court System
• Original Jurisdiction The lawful authority of a court to hear or
to act on a case from its beginning and to pass judgment on the law and the facts
• Appellate Jurisdiction The lawful authority of a court to review
a decision made by a lower court
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Development of State Court Development of State Court SystemsSystems
• The development of state courts Each of the original American colonies
had its own state court system. By 1776, all of the American colonies
had established fully functioning court systems.
• By the late 19th century, there was a tremendous increase in civil litigation and criminal arrests.
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Development of State Court Development of State Court SystemsSystems
• State court systems developed by following one of several models: New York State Field Code of 1848 Federal Judiciary Act of 1789 Federal Reorganization Act of 1801
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Development of State Court Development of State Court SystemsSystems
• States that followed the federal model developed a three-tiered structure: Trial courts of limited jurisdiction Trial courts of general jurisdiction Appellate courts
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State Court Systems TodayState Court Systems Today
• A centralized court structure composed of a clear hierarchy of trial and appellate courts
• The consolidation of numerous lower-level courts with overlapping jurisdictions
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State Court Systems TodayState Court Systems Today
• A centralized state court authority that would be responsible for budgeting, financing, and managing all courts within a state
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State Trial CourtsState Trial Courts
• Trial courts of limited jurisdiction are also called lower courts. Authorized to hear only less serious
cases Rarely hold jury trials A detailed record of the proceedings is
not maintained.
continued on next slide
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State Trial CourtsState Trial Courts
• Trial courts of general jurisdiction are also called high courts, circuit courts, or superior courts. Authorized to hear any criminal case Also provide first appellate level for
courts of limited jurisdiction Trial de novo• Term applied to cases that are retried on
appeal
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State Appellate CourtsState Appellate Courts
• There are intermediate appellate courts and high-level appellate courts.
• All states have supreme courts, but only 39 have intermediate appellate courts
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State Appellate CourtsState Appellate Courts
• Appeal The request that a court with appellate
jurisdiction review the judgment Most states have automatic appeal on
death sentences or life in prison.
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State Appellate CourtsState Appellate Courts
• Most convictions are affirmed on appeal.
• If the defendant wins the appeal, the verdict of the trial court is reversed and the case may be sent back for a new trial or remanded.
• Keeney v. Tamayo-Reyes (1992)• Herrera v. Collins (1993)
continued on next slide
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State Appellate CourtsState Appellate Courts
• National Center for State Courts (NCSC) An independent, nonprofit organization
dedicated to the improvement of the American court system
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State Appellate CourtsState Appellate Courts
• Administrative Office of the United States Courts (AOUSC) Prepares the budget and legislative
agenda for the federal courts Compiles and publishes statistics
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Dispute-Resolution Centers and Dispute-Resolution Centers and Community CourtsCommunity Courts
• Dispute-Resolution Center Informal hearing place designed to
mediate interpersonal disputes without resorting to a more formal arrangement of a criminal trial court
continued on next slide
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Dispute-Resolution Centers and Dispute-Resolution Centers and Community CourtsCommunity Courts
• Community Courts A low-level court that focuses on quality-
of-life crimes that erode neighborhoods' morale, that emphasize problem-solving rather than punishment
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The Federal Court SystemThe Federal Court System
• Federal courts were created by the U. S. Constitution, Article III, Section 1.
• Federal courts consist of 3 levels: U. S. district courts U. S. courts of appeals U. S. Supreme Court
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U. S. District CourtsU. S. District Courts
• The trial courts of the federal court system
• Handle both civil and criminal• 94 federal judicial districts, one in each
state• Drug prosecutions, especially in courts
located close to the U. S.-Mexico border, have led to considerable growth in the number of cases filed.
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U. S. Courts of AppealU. S. Courts of Appeal
• There are 94 judicial districts, organized into 12 regional circuits.
• Often referred to as circuit courts
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U. S. Courts of AppealU. S. Courts of Appeal
• Appeals generally fall into one of three categories: Nonconsensual Appeals Ritualistic Appeals Frivolous Appeals
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FIGURE 7.3 Geographic Boundaries of the U.S. Courts of Appeal and U.S. District Courts
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The U. S. Supreme CourtThe U. S. Supreme Court
• The Court's greatest authority lies in its capacity for judicial review. The power of the court to review actions
and decisions made by other agencies of government• Four justices must agree to hear a case.• Issue a writ of certiorari• 5000 request for review; only 200 are
actually heard
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BailBail
• The most common release/detention decision-making mechanism in American courts
• Serves two purposes: Helps ensure reappearance of the
accused Prevents un-convicted persons from
suffering imprisonment unnecessarily
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BailBail
• Bail bond A document guaranteeing the
appearance of a defendant in court as required
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Alternatives to BailAlternatives to Bail
• Release on recognizance (ROR) The pretrial release of a criminal
defendant on his or her written promise to appear in court as required
No cash or property bond is required.
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Alternatives to BailAlternatives to Bail
• Property bond The setting of bail in the form of land,
houses, stocks, or other tangible property
In the event that the defendant absconds before trial, the bond becomes the property of the court.
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Pretrial Release and Public SafetyPretrial Release and Public Safety
• Pretrial release is a common practice.• Danger laws
A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community
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The Grand JuryThe Grand Jury
• A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether or not there is sufficient evidence to bring the accused person to trial Hearings are held in secret. Defendant generally does not appear.
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The Grand JuryThe Grand Jury
• A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether or not there is sufficient evidence to bring the accused person to trial No opportunity to cross-examine
prosecution witnesses
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The Preliminary HearingThe Preliminary Hearing
• Preliminary hearing A proceeding before a judicial officer in
which three matters must be decided1. Whether a crime was committed2. Whether the crime occurred within the
territorial jurisdiction of court3. Whether there are reasonable grounds
to believe that the defendant committed the crime
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The Preliminary HearingThe Preliminary Hearing
• Information A formal written accusation submitted to
a court by a prosecutor
• Competent to stand trial A finding by the court that the
defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding
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The Arraignment and the PleaThe Arraignment and the Plea
• Arraignment The first appearance of the defendant
before the court that has the authority to conduct a trial
Two purposes1. To once again inform the defendant of
the specific charges2. To allow the defendant to enter a plea
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The Arraignment and the PleaThe Arraignment and the Plea
• Plea The defendant's formal answer to the
charge
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Plea BargainingPlea Bargaining
• Plea bargaining The process of negotiating an
agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case
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Plea BargainingPlea Bargaining
• The vast majority of all criminal cases are eventually resolved through a negotiated plea.
• After a guilty plea has been entered, it may be withdrawn with the consent of the court.