Chapter 7.ppt 1

SOC 3880Intro to Criminal

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Criminal Justice

CHAPTER 7ORIGINS AND

ORGANIZATION OF THE COURTS

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© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved


7.1

7.2

7.3

7.4

7.5

Outline the history and development of American courts.

Describe the organization of the local, state, and federal court systems in the United States.

Explain the dual court system.

Explain the role of the U.S. Supreme Court in the American court system.

Describe the characteristics, roles, and responsibilities of the primary courtroom participants.

CHAPTER OBJECTIVES



7.6

7.7

7.8

7.9

7.10

Explain the adversarial relationship between the prosecution and defense.

Define terms related to the history of, structure of, and key players in the courts.

Summarize victimology and the history of victims' rights.

Summarize laws enacted on the behalf of victims.

Define and describe some alternatives to adjudication in the criminal court system.

CHAPTER OBJECTIVES



Outline the history and development of American courts.

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

7.1



7.1



Describe the organization of the local, state, and federal court systemsin the United States.


7.2


Supreme Court of the United States9 Justices (with 1 Chief Justice)

United States Courts of Appeals

(12 Circuits)

United States Courts of Appeals

for the Federal Circuits

United States Courts of Military

Appeals

7.2

94 District courts,

Including 3 Territorial

Courts (basic federal trial courts)

United States Tax Court

United States Court of

International Trade

United States

Court of Federal Claims

United States

Court of Veterans Appeals

Army, Navy, Marine Corps, Air Force, and Coast Guard

Courts of Military Review

Figure 7-1. The Structure of the Federal Courts.

7


7.2Court of Last Resort(State Supreme Court)

Intermediate Appellate Court(s)(in 39 of 50 States)

Trial Courts of General Jurisdiction(Superior Courts, Circuit Courts, Courts of

Common Pleas, and—in New York—"Supreme Court")

Probate Court(Wills, Guardianship,

Estates, Trusts)

Trial Courts of Limited Jurisdiction("Lower Courts," also called Misdemeanor Courts)

Justice of the Peace and Police

Magistrate's Courts

District Courts or County Courts

Municipal and Magistrate's

Courts

Traffic, Family, Juvenile, Gun,

Drug, and Other Special Courts

Figure 7-2. A Typical State Court System.

8


The Federal Court System7.2

9


Federal Judicial Courts7.2

10



Explain the dual court system.


7.3


Federal System

State System

7.3

12


Criminal Law

Civil Law

7.3

13



Explain the role of the U.S. Supreme Court in the American court system.


7.4


Writ of Certiorari

Judicial Review

7.4

The U.S. Supreme Court

15



Describe the characteristics, roles, and responsibilities of the primarycourtroom participants.


7.5

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved17

7.5

Judges: Primary Duty Is to Ensure Justice


7.5

Federal Judges State Judges


7.5

Prosecution


7.5

Defense Counsel


7.5

Public Defende

r

Court-Assigne

dCounsel

Private Attorne

y


7.5

Victims


The Justice for All Act of 20047.5

23


7.5

Juries


DefenseCounselProsecution

Judges

Sheriffs Clerks

Stenographers Witnesses

7.5

25



Explain the adversarial relationship between the prosecution and defense.


7.6


7.6

Prosecution Defense



Define terms related to the history of, structure of, and key players in the courts.


7.7



Summarize victimology and the history of victims' rights.


7.8


7.8

Victimology


7.8

Victims' Rights


7.8

Present1960s

New Laws

Movements for Social Reform

Policies Procedures Giving Greater Consideration

to victims and their new role



Summarize laws enacted on the behalf of victims.


7.9


7.9

Legislative Initiatives


7.9

Monetary Reimburseme

nt

Areas Impacted in the Criminal Justice System

Victim Impact Statements

Victim-Participation

Programs

Medication and

Reconciliation



Define and describe some alternatives to adjudication in the criminal court system.


7.10


Alternatives to Adjudication7.10

Community Prosecution

Dispute Resolution

Mental Health Courts

Felony Drug

Courts

Community Courts

37



7.1

During the American Revolution the courts increasingly were used as a forum to dispute "unjust" laws imposed by England, such as laws that taxed the colonies for paper, tea, various other imports, and trade with non-English

nations. Because of shortages of desired goods and the high prices people had to pay when these goods were

obtained by legitimate means, smuggling became common. Customs officials often were harassed,

threatened, and beaten, but few juries were willing to convict alleged assailants. It was argued in court that taxation on the colonies without representation in the

British Parliament was unjust. Unlike juries today, juries at that time were permitted to address the legitimacy of a

law rather than the illegal act alone. The establishment of the United States in the late eighteenth century, the rapid

growth of a population that included immigrants from many nations, and rapid urbanization created a need for more courts with specialized tasks. Differing legal and

social cultures often clashed, requiring court systems to decide disputes neutrally.

CHAPTER SUMMARY



7.2

The vast majority of criminal cases are heard in state courts, because most felonies are defined by state laws.

There are three levels of jurisdiction: limited, general, and appellate. These are found in all state court systems, but each state determines how its system is organized. The

legal authority of courts of limited jurisdiction is restricted to certain specific types of cases. Courts of Summary

general jurisdiction are often referred to as trial courts, and most felony trials are held at this level. Appellate

courts hear appeals from courts of general jurisdiction. The federal court system parallels the state court systems.

There are courts of limited jurisdiction such as the U.S. Court of Claims. There are also courts of general

jurisdiction, the U.S. district courts; these are located throughout the country and hear cases involving alleged violations of federal law. There are two levels of federal appellate courts. The intermediate level consists of U.S. courts of appeals. The highest level is the U.S. Supreme

Court.

CHAPTER SUMMARY



7.3The United States has two separate court systems: federal

and state. The "dual" system means we have state laws and federal laws and state court cases involve state laws and

federal cases involve state laws.

7.4

The U.S. Supreme Court can hear on appeal any case involving federal law, suits between states and cases

involving interpretations of the U.S. Constitution. The Court can choose which cases it will hear through a

procedure termed certiorari; a writ of certiorari is issued when four or more justices believe that the legal issues presented in a case merit review. The decisions of the Supreme Court are made by a majority vote of the nine

justices, who are appointed for life by the president with the consent of the Senate.

CHAPTER SUMMARY



7.5

Prosecutors represent the community in bringing charges against an accused person. Most prosecutors are elected

officials and therefore may feel pressure to make "popular" prosecution decisions. Other influences on prosecutors' decisions include caseload pressures and the need to

maintain good relations with other actors in the adjudication process. Defense attorneys represent the legal rights of the accused in criminal proceedings. They examine the evidence used to establish probable cause and assess the strength of the evidence to be used to prove guilt. The duties of judges are to objectively assess the strength of a

case, to rule on issues of law and procedure, and sometimes to determine the ultimate disposition of a case.

Judges are selected in a variety of ways, including appointment, nonpartisan election, and merit selection.

7.6

The role of the defense counsel can engender conflict with police and prosecutors, and with victims and witnesses who may believe they are being "attacked" by the defense. An

effective defense attorney, however, skillfully examines the reliability and validity of the evidence produced by police,

prosecutors, victims, and witnesses; the attorneydoes not attack anyone as an individual. Attaining this

neutrality is difficult.

CHAPTER SUMMARY



7.8

Victimology is the study of crime victimization, as well as the interactions between victims and the criminal justice

system. However, the criminal justice process is not designed to settle private disputes between victims and

offenders; that is the purpose of civil law. In recent years new strategies have been developed, such as emergency

relocation and support of victims and witnesses, more extensive pretrial and courtroom security measures, and

coordination with other agencies that provide support services. These measures are part of what has been called

the "victims' rights movement," which is a grassroots effort to make the criminal justice system more responsive

to the perspective and suffering of crime victims. More than 10,000 organizations now provide counseling,

transportation to court, temporary housing, and advocacy services for victims.33 To the extent that the victims'

rights movement has helped keep victims informed, aware, and protected in the adjudication process, it has

accomplished a useful public service.

7.7 See page 248 for Key Terms.

CHAPTER SUMMARY



7.9

1. The right to be reasonably protected from the accused.2. The right to reasonable, accurate, and timely notice of

any public court proceeding or any parole proceeding involving the crime, or of any release or escape of the

accused.3. The right not to be excluded from any such public court

proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the

victim would be materially altered if the victim heard other testimony at that proceeding.

4. The right to be reasonably heard at any public proceeding in the district court involving release, plea,

sentencing, or any parole proceeding.5. The reasonable right to confer with the attorney for the

Government in the case.6. The right to full and timely restitution as provided in

law.7. The right to proceedings free from unreasonable delay.8. The right to be treated with fairness and with respect

for the victim's dignity and privacy.

7.10 Felony drug courts, mental health courts, dispute resolution, community prosecution, and community courts.

CHAPTER SUMMARY