CJ101 Introduction to Criminal Justice Welcome to our Seminar (We will begin at the top of the hour)...

CJ101 Introduction to Criminal Justice

Welcome to our Seminar(We will begin at the top of the hour)

Tonight:Unit 6 The Courts: Structure and

ParticipantsChapters 9 & 10 in your textbook

…and much, much more!!!

CJ101-Introduction to Criminal JusticeUnit 4 Review

• Basic purpose of policing• Core operational strategies of police

departments• Police management, styles of policing and

community policing• Policing in the 9/11 world• Police discretion and professionalism• Ethnic and diversity issues• Legal aspects of policing

CJ101-Introduction to Criminal JusticeUnit 6 Preview

• Structure of the court system• Differences between the court systems• Roles of the professional members of the courtroom• Indigent defense• Role of the non-professional courtroom participants• Role of expert and lay witnesses.• Pretrial steps• Plea bargaining and its impact on the CJ system• Stages of a criminal trial• Hearsay

CJ101-Introduction to Criminal JusticeUnit 6

• Structure of the court system

– What are the two major court systems in the US today?

– What are the different tiers of each system?

– What is meant by Jurisdiction?


• The 2 major court systems in the US today are the federal system and the individual state systems.– The federal system has 3 tiers: US Dist. Courts, US Courts of

Appeal and US Supreme Court.– State courts have at least 3 levels: Trial Courts, Appellate

Courts and Supreme Court.

• Jurisdiction is the authority the court has over the subject matter and/or people and the courts ability to issue a final binding decision on a matter.– Appellate Jurisdiction - Authority of a court to review the

decision of a lower court


• What is meant by “Appeal”?

• Why is the Supreme Court called a “court of last resort?

• What must a criminal appeal be based upon if it has a chance of being heard by the US Supreme Court?


• An appeal request a higher court to review a lower courts decision in a matter with an eye towards overturning or modifying the lower courts decision in the case.

• The Supreme Court is a court of last resort b/c it is authorized by law to render a final decision on a matter.

• To have a chance of being heard on appeal, a criminal appeal must be based on: a violation of defendant’s rights under federal law or the US Const.


• What are some of the functions of a State Court Administrator?

• What are Dispute Resolution Centers?


• St Court Administrator functions include:– Budget issues– Analysis of case flow and management– Liaison between courts and legislature– Development of funding plans– Training and assignment of judges

• Dispute resolution Centers offer an informal method to hear disputes to a resolution w/o the time and $$ associated with going to court.


• The Federal Court system:– Where does the federal court get its power?– What are the trial courts of the federal

system?– How many judicial districts exist in the US?– How did the term “circuit court” come about?


• Federal Court power comes from Art III of the US Const. Its right to review cases comes from the 1803 case of Marbury v. Madison.

• The US District Courts are the trial courts of the federal court system able to hear all manner of federal cases, criminal and civil.

• There are 94 judicial districts and 13 regional court districts.

• The term circuit court refers to judges who used to ride on horseback around a circuit hearing cases.


• Who are the people in the courtroom work group?

• How are judges selected?


• Courtroom work group includes:– Judge– Prosecuting Attorneys– Public Defenders– Defense Attorneys– Courtroom support staff

• Bailiff• Court clerk• Court Reporter

• Depending on jurisdiction, judges are either appointed, elected or both


• What is meant by an indigent defendant?

• Where does an indigent defendant’s right to an attorney come from.

• What is a public defender?

• What is the ethical obligation of a public defender?


• An indigent defendant is one who cannot afford to have an atty represent them in court.

• Having an atty to represent you in court is a right guaranteed under the 6th Amend. and the landmark case of Powell v. Alabama (1932).

• A public defender is an atty employed by a govt agency or private contractor for the purpose of providing legal defense to indigent defendants.

• A public defender must provide a rigorous defense of his/her client at trial and to appeal the case if there is a credible basis for an appeal


• What is an expert witness?

• What is a lay witness?

• What is a juror?

• Who are some of the other non-professional courtroom participants?

• What is meant by change of venue?


• An expert witness is a person who has specialized knowledge or skills that are recognized by the court as relevant to the outcome of the case.– Unlike lay witnesses, expert witnesses can offer an opinion or draw

conclusions in their testimony.• A lay witness is a non-professional eye witness, character witness

or other person called to testify as to facts alone. Lay witnesses may not draw conclusions or express opinions.

• Jurors are non-professional citizens who have been called to be the arbiter (decider) of a persons guilt or innocence based on the facts.

• Other non-professional participants include: Victim, Defendant, Spectators and Press.

• Change of venue motions are made in criminal trials to ensure that the defendant receives a fair trial.


• What are pretrial activities?

• What are some typical Pre-trial activities?


• Pretrial activities are those activities which must occur before a trial can begin.

• Pretrial activities include:– First appearance by the defendant (Arraignment)

• Formal notice of the charges against the defendant.• Advised of their rights• Opportunity to have an atty represent them or have one appointed• Have bail set (possibly)

– Pretrial release (bail or own recognizance)• Enter a plea: Guilty, Not Guilty or Nolo contendere (no contest),

same as a guilty plea, except that it cannot be used in a later civil action.

– Preliminary hearing- gives the defendant the opportunity to challenge the legal basis for detention. Also determines if the D is competent to stand trial.


• What is a plea bargain?

• What are the stages of a criminal trial?


• A plea bargain is the process of negotiating with the prosecutor a reduced sentence in return for a guilty plea.


• Stages of a criminal trial:– Trial initiation– Jury selection– Opening statements– Presentation of evidence– Closing arguments– Judges charges to the jury– Jury deliberations– Verdict


• What is evidence?

• What is hearsay evidence?

• What is the Hearsay Rule?


• Evidence is anything useful to a judge or jury in deciding the facts of the case.

• Hearsay evidence is evidence not based on the personal knowledge of the person testifying to the evidence.

• Because of the lack of first hand knowledge, the Hearsay Rule prohibits hearsay evidence from being admitted unless an exception exists.– Exceptions are numerous and include: dying declarations,

spontaneous utterances, admission of party opponents and others

CJ101-Introduction to Criminal JusticeUnit 6 -- Review

• Structure of the court system• Differences between the court systems• Roles of the professional members of the courtroom• Indigent defense• Role of the non-professional courtroom participants• Role of expert and lay witnesses.• Pretrial steps• Plea bargaining and its impact on the CJ system• Stages of a criminal trial• Hearsay

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