Criminal Justice System and the Courts Court Systems and Practices.

Criminal Justice System and the CourtsCourt Systems and Practices

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History of the Federal Court System

• Article III of the US Constitution established a federal court system

• Congress created Article III on Sept. 24, 1789• Congress passed the Judiciary Act of 1789,

which established 13 courts, one for each of the original states


History of the Federal Court System (continued)

• Since 1789 there have been numerous Judiciary Acts passed that continue to define the American Court System

• The Supreme Court originally had 6 justices• Originally, there were only three circuit courts

with judges being “circuit riders”


Structure of the Federal Court System

• The structure of the federal court system begins with the magistrate courts and ends with the Supreme Court:– Supreme Court– Appellate Courts– Trial Courts–Magistrate Courts


Structure of the Federal Court System(continued)

• Magistrate Courts– Created by the Federal Magistrate’s Act of 1968–Magistrates are appointed by a district court judge• Full-time magistrates are appointed to an 8-year term• Part-time magistrates are appointed to a 4-year term



• Trial Courts– Are also known as US district courts– There are 94 US district courts covering the US

and its territories– The judges are appointed by the US President• Serve a life term• Consent from Congress is required



• Court of Appeals– Are also known as Appeals Court, Appellate Court, and

Circuit Courts– There are 12 US Regional Circuit Courts of Appeal and

one US Court of Appeals for the Federal Circuit and approximately 165 federal courts of appeals judges

– The court does not conduct a jury trial but is made up of a panel of judges, usually three

– The judges are appointed by the US President• Confirmed by the Senate• Serve a lifetime appointment



• US Supreme Court– Is the highest court in the US– Consists of nine justices– A decision of the Supreme Court is final and

cannot be overruled– The judges are nominated and appointed by the US

President• Confirmed by Senate• Serve a lifetime appointment


Function of the Federal Court System (Criminal Law)

• Magistrate Courts– Assist the US district courts– May conduct trials in misdemeanors and petty

offenses, along with performing in felony cases pretrial duties, such as preliminary hearings, pretrial motions, and conferences

• US District Courts– Conduct trials in which there have been violations of

federal criminal laws– Conduct arraignments, pleas, and felony trials


Function of the Federal Court System (Criminal Law) (continued)

• Court of Appeals– The appellate courts hear appeals from the US district

courts– Defendants can appeal their cases based on a claim that

they were denied a fair trial or the law they were convicted under was unconstitutional

– The court must determine:• If the district judge made a judicial error• If the error could have substantially affected the court’s decision• If the answer is “no” to both questions, the appeal is dismissed• If the answer is “yes” to one of the above questions, the court

will review the appeal and issue a ruling



• US Supreme Court– As a general rule, agrees to decide on cases where there

is a difference of opinion among the courts of appeals, or where there is an important constitutional question or issue of federal law that needs to be clarified

– Decides which cases it will hear– Is the legal mediator for lawsuits between states, and

between the US and foreign countries– Is the final authority for legal opinions binding on the

federal government



• US Supreme Court (continued)– Must review cases when

• A federal court has held an act of Congress to be unconstitutional• A US court of appeals has found a state statute to be

unconstitutional• A state’s highest court of appeals has ruled a federal law to be

unconstitutional• An individual’s challenge to a state statute on federal

constitutional grounds is upheld by a state’s highest court of appeals

– Once the court makes a ruling, the lower courts, including state courts, have to fall in line with that ruling


History of the State Court System

• The Texas Supreme Court was established in 1836 after the Texas Revolution

• In 1845 the Supreme Court was restructured, and in 1850 the offices of the Supreme Court were filled by elections

• In 1876, to relieve the case load of the Supreme Court, the Court of Appeals was created to deal with criminal cases; it was later renamed the Court of Criminal Appeals

• In 1980 the previously established courts, the Courts of Civil Appeals, were renamed Courts of Appeals and were designed to relieve the Court of Criminal Appeals’ caseload


Structure of the State Court System

• Began with the justice or municipal courts and ended with the Texas Supreme Court or the Court of Criminal Appeals:– Texas Supreme Court or Court of Criminal

Appeals– Courts of appeals– District courts– County courts– Justice courts or municipal courts


Structure of the State Court System (continued)

• Justice or Municipal Courts– 819 justice courts*

• 819 judges*

– 926 municipal courts*• 1,559 judges*

– Justices of the Peace• Are elected• Do not have to be licensed attorneys

– Municipal judges are hired by the city they serve

*Totals are as of March 2013.



• County Courts– 509 courts*• 254 constitutional county courts (1 per county)• 237 statutory county courts*• 18 statutory probate courts

– Judges are elected– Judges do not have to be licensed attorneys




• District Courts– 456 courts*– 456 judges*– 359 districts contain one county*– 97 districts cover more than one county– Judges are elected– Judges must be licensed attorneys




• Courts of Appeals– 14 courts by region– 80 justices– Justices are elected



• Courts of Last Resort for Texas State Courts– Texas Supreme Court• 1 court in Austin• 9 justices• Are elected

– Texas Court of Criminal Appeals• 1 court in Austin• 9 judges• Are elected


Function of the State Court System (Criminal Law)

• Justice Courts– Class C criminal misdemeanors punishable by fine

only (no confinement)–May issue search or arrest warrants– These courts can also handle civil issues, such as

issuing marriage licenses and settling small-claims suits


Function of the State Court System (Criminal Law) (continued)

• Municipal Courts– Class C criminal misdemeanors punishable by fine

only (no confinement)–May issue search or arrest warrants–Municipal ordinance offenses:

• Punishable by a fine not to exceed: – $2,000 for ordinances that govern fire safety, zoning, and

public health; or – $500 for all others



• County Courts– Constitutional county courts• Preside over Class A and Class B Misdemeanors• Fines greater than $500 or jail sentence

– Statutory county courts • Preside over Class A and Class B Misdemeanors• Fines greater than $500 or jail sentence

– Statutory probate courts• Primarily probate matters



• District courts– All Felony criminal cases

• Courts of Appeals– Intermediate appeals from trial courts within district

• Texas Supreme Court and Texas Court of Criminal Appeals– Texas Supreme Court

• Has final appellate jurisdiction in civil cases and juvenile cases• Responsible for licensing attorneys and attorney discipline

– Texas Court of Criminal Appeals • Has final appellate jurisdiction in criminal cases• Hears appeals of death sentence cases


Resources

• Prentice Hall, Criminal Courts: Structure, Process, and Issues (2nd Edition), 2007, Dean John Champion, Richard D. Hartley, & Gary A. Rabe

• United States Courts• http://www.uscourts.gov/educational-resources/get-informed/

federal-court-basics/structure-federal-courts.aspx• http://www.uscourts.gov/educational-resources/get-inspired/p

athways-to-the-bench.aspx• http://www.courts.state.tx.us/pubs/JudicialDirectory/Court_St

ructure_Chart.pdf• Texas Courts Online http://www.courts.state.tx.us/ • Outline of the U.S. Legal System, Bureau of International

Information Programs, United States Department of State, 2004, http://www.america.gov/media/pdf/books/legalotln.pdf

http://www.uscourts.gov/educational-resources/get-informed/federal-court-basics/structure-federal-courts.aspx

http://www.uscourts.gov/educational-resources/get-informed/federal-court-basics/structure-federal-courts.aspx

http://www.uscourts.gov/educational-resources/get-inspired/pathways-to-the-bench.aspx

http://www.uscourts.gov/educational-resources/get-inspired/pathways-to-the-bench.aspx

http://www.courts.state.tx.us/pubs/JudicialDirectory/Court_Structure_Chart.pdf

http://www.courts.state.tx.us/pubs/JudicialDirectory/Court_Structure_Chart.pdf

http://www.courts.state.tx.us/

http://www.america.gov/media/pdf/books/legalotln.pdf

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Criminal Justice System and the Courts Court Systems and Practices.

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