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Court Structure and Personnel
Chapter 9
The Criminal Court ProcessOverloaded court dockets have given
rise to charges of “assembly-line justice” A majority of defendants are induced to
plead guilty Jury trials are rare The speedy trial is highly
desired but unattainable
State Court SystemsEach state maintains its own state
court organization and structure Common state courts include:
Limited jurisdiction courts General jurisdiction courts Appellate courts
State Court SystemsCourts of Limited Jurisdiction
Misdemeanor criminal infractions Violations of municipal ordinances Traffic violations Civil suits where the damages involve less
than a certain amount of money
State Court SystemsSpecialized Courts
What Makes Specialized Courts Different? Outcomes above process Judicial monitoring Informed decision making Collaboration Non-traditional roles Systemic change
State Court SystemsSpecialized Courts
Drug Courts Mental Health Courts Community Courts Domestic Violence Courts Gun Courts Other specialized courts
State Court SystemsA state of federal court that has
jurisdiction over felony offenses Each state has at least one court of last
resort, usually called a state supreme court State criminal appeals are heard in the
appellate courts and these courts review decisions by trial courts and administrative agencies before they reach the supreme court stage
A Model of a State Judicial System
Federal CourtsThere are three levels of courts in the
federal system:① U.S. District Courts② U.S. Courts of Appeal③ U.S. Supreme Court
The Federal Judicial System
Federal CourtsDistrict Courts
Trial courts of the federal system Civil rights Interstate transportation of stolen vehicles Kidnappings Citizenship Rights of aliens
Federal CourtsFederal Appeals Courts
Sometime referred to as U.S. circuit courts There are 13 of them Review federal and state appellate court
cases on substantive and procedural issues involving rights guaranteed by the Constitution
U.S. Circuit Map
Federal CourtsThe U.S. Supreme Court
Nation’s highest appellate body Appointed by the President Approved by Congress Only court established by the Constitution Decides important political and social
issues Shapes the future meaning of the
Constitution
Federal CourtsMost cases that come before the
Supreme Court involve significant federal questions, usually of a constitutional nature When the Supreme Court decides to hear
a case, it grants a writ of certiorari requesting a transcript of the proceedings of the case for review
For a writ to be granted, ordinarily 4 justices must agree to hear the case – this is known as the rule of 4
Federal CourtsWitten and oral arguments are then
heard In reaching a decision, the Supreme Court
reevaluates and reinterprets state statutes, the U.S. Constitution, and previous case decisions The Court either affirms
or reverses the decision of the lower court
Court CongestionState court systems now handle about
100 million new cases annually, which has led to significant delay and congestion Congestion is time-consuming and costly,
and delay can threaten the Sixth Amendment right to a speedy trial
Court CongestionReasons for Congestion
Increasing populations Aggressive prosecutions Complex law Reform efforts Civil litigation
The Judiciary Duties of the Judge
Rule on the appropriateness of conduct Settle questions of evidence and
procedure Guide the questioning of witnesses Instruct jurors Decide cases Sentencing
The Judiciary Other Judicial Functions
Probation Court clerk Court reporters Public defender District attorney’s office
The Judiciary Judicial Qualifications
Resident of the state Licensed to practice law Member of the state bar association At least 25 and less than 70 years of age Some municipal or town court judges do
not need law degrees
Judicial Salaries at a Glance
Thinking Point• Think of two different television
shows in which judges are represented. How do the roles of the judges in the
television shows compare to the roles discussed in the text and in the video of the Superior court judge?
The JudiciaryJudicial selection can be through:
Appointment Election Missouri Plan
The JudiciaryMissouri Plan:
A judicial nominating commission to nominate candidates for the bench
An elected official to make appointments from the list submitted by the commission
Subsequent nonpartisan and noncompetitive elections in which incumbent judges run on their records and voters can choose either to retain or to dismiss them
The Judiciary Judicial Alternatives
Retired judges Neutral parties Referees Magistrates Part-time judges
The Judiciary Alternative dispute resolution (ADR) –
Judicial alternative Arbitration
A process of dispute resolution in which a neutral third party (arbitrator) renders a decision following a hearing at which both parties agree to be heard
Arbitration is usually binding, whereas mediation is not
The Judiciary Alternative dispute resolution (ADR) –
Judicial alternative Mediation
An informal dispute resolution process in which a neutral third party (mediator) helps disputing parties reach an agreement
Mediation usually comes before arbitration
The Judiciary The law is but one factor that appears
to influence judges’ decisions Factors that influence judicial decision
making include: Attitudes, ideology, and opinions Demographic characteristics Reelection
The ProsecutorThe prosecutor
An appointed or elected member of the practicing bar who is responsible for brining the state’s case against the accused Routinely criticized for bargaining justice
away
Representing the government in pretrial hearings and in motion procedures
Entering into plea bargaining negotiations
Trying criminal cases Recommending
sentences Representing the
government in appeals
Investigating possible violations of the law
Cooperating with police in investigating a crime
Determining what the charge will be
Interviewing witnesses in criminal cases
Reviewing applications for arrest warrants and search warrants
Subpoenaing witnesses
Prosecutor Duties
The Prosecutors Prosecutors and law enforcement work
together in the following areas: The police investigation report Providing legal advice Training police personnel
The Prosecution Prosecutorial discretion is the
prosecutor’s authority to decide whether to bring a case to trial or to dismiss it outright Has broad discretion and is subject to few
limitations Factors linked to prosecutorial decision
making: System factors Case factors Disposition factors Political factors
The ProsecutionCommon reasons for rejection or
dismissal of a criminal case: Insufficient evidence Witness problems The interests of justice Due process problems A plea on another case Pretrial diversion Referral for other prosecution
County District Attorney’s Office
The Defense AttorneyThe Defense Attorney
Legal counsel for the defendant in a criminal case, representing the accused person from arrest to final appeal
Experiences many role conflicts
Preparing the case for trial
Filing and arguing legal motions with the court
Representing the defendant at trial
Providing assistance at sentencing
Determining the appropriate basis for appeal
Investigating the incident
Interviewing the client, police, and witnesses
Discussing the matter with the prosecutor
Representing the defendant
Entering into plea negotiations
The Defense Attorney Functions
Defending the AccusedThe right to counsel begins at the
earliest stages of the justice system A defendant who lacks the funds to hire a
private attorney and is therefore entitled to free counsel
Defending the AccusedA public defender
An attorney employed by the government to represent criminal defendants who cannot afford to pay for a lawyer
Assigned counsel A private attorney appointed by the court
to represent a criminal defendant who cannot afford to pay for a lawyer
Defending the Accused In the contract system, there is a
provision of legal services to indigent defendants by private attorneys under contract to the state or county A mixed system uses both public
defenders and private attorneys
Thinking Point• If you were arrested for a serious
felony:Would you prefer a paid/private attorney
or a public defender? What factors would determine your
choice? Do you think the likelihood of being found
guilty would depend upon the type of attorney you chose?
Public vs Private AttorneysResearch indicates that state
appointed attorneys do well in court Private counsel may have a slightly better
track record in some areas, but court appointed attorneys do quite well
Problems of the Criminal BarConflicts have helped erode the
formal justice process, which is based on the adversary system The informal justice system revolves
around the common interest of its members to move the case along and settle matters