Structure of the Court System Federal Courts What kinds of cases can a federal court hear? The court must have jurisdiction: “The power, right, and.

Structure of the Court SystemStructure of the Court System

Federal S tate

U .S . D is tric t C ou rts(9 1 )

U .S . C la im s C ou rtU .S . Tax C ou rt

U .S . B an k ru p tcy C ou rtC ou rt o f In t 'l Trad e

U n ites S ta tes C ou rts o f A p p ea lsF irs t C ircu it th rou g h E leven th C ircu it

D .C . C ircu itF ed era l C ircu it

U n ited S ta tes S u p rem e C ou rt

S ta te Tria l C ou rts(lim ited an d g en era l ju risd ic tion )

S ta te In te rm ed ia te A p p e lla te C ou rts

S ta te S u p rem e C ou rts

Federal CourtsFederal Courts

What kinds of cases can a federal court What kinds of cases can a federal court hear?hear?

The court must haveThe court must have jurisdiction jurisdiction:: ““The power, right, and authority to interpret The power, right, and authority to interpret

the law.”the law.” Two types of federal-court jurisdiction:Two types of federal-court jurisdiction:

Federal-question jurisdiction.Federal-question jurisdiction. Diversity jurisdiction.Diversity jurisdiction.

Federal Question JurisdictionFederal Question Jurisdiction

Case involves:Case involves: Federal statute or law.Federal statute or law. U.S. constitution.U.S. constitution.

Examples:Examples: Johnson vs CaliforniaJohnson vs California Legitimacy of laws ( violent video games)Legitimacy of laws ( violent video games)

Furman vs. GeorgiaFurman vs. Georgia

Diversity JurisdictionDiversity Jurisdiction

Federal courts can hear questions of state Federal courts can hear questions of state law, IF:law, IF: The parties are The parties are citizens of different statescitizens of different states, ,

ANDAND The value of the case The value of the case EXCEEDS $75,000EXCEEDS $75,000 (the (the

“amount in controversy”“amount in controversy” requirement). requirement).

Federal Court - LevelsFederal Court - Levels

U n ited S ta tes D is tric t C ou rts

U n ited S ta tes C ou rts o f A p p ea ls

U n ited S ta tes S u p rem e C ou rt

U.S. District CourtsU.S. District Courts

94 U.S. district courts.94 U.S. district courts. Arranged geographically; at least one Arranged geographically; at least one

within each state.within each state. But But NOTNOT connected with state government. connected with state government.

U.S. District CourtsU.S. District Courts

Sample name:Sample name: United States District United States District Court for the Middle District of Florida.Court for the Middle District of Florida.

Parties:Parties: Plaintiff (initiates action).Plaintiff (initiates action). Defendant (person being sued).Defendant (person being sued).

One judge presides over the case.One judge presides over the case. Case may be tried to a jury or may be a Case may be tried to a jury or may be a

“bench trial.”“bench trial.”

Federal Court - LevelsFederal Court - Levels

U n ited S ta tes D is tric t C ou rts

U n ited S ta tes C ou rts o f A p p ea ls

U n ited S ta tes S u p rem e C ou rt

U.S. Courts of AppealsU.S. Courts of Appeals

Party who loses in district court has an Party who loses in district court has an AUTOMATICAUTOMATIC right to an appeal. right to an appeal.

13 U.S. Courts of Appeals.13 U.S. Courts of Appeals. 12 are geographic.12 are geographic. One is a specialty court (Federal Circuit).One is a specialty court (Federal Circuit).

Sample name:Sample name: United States Court of United States Court of Appeals for the Eleventh Circuit (“Eleventh Appeals for the Eleventh Circuit (“Eleventh Circuit”).Circuit”).

U.S. Courts of AppealsU.S. Courts of Appeals

Parties:Parties: Appellant Appellant Appellee Appellee

Three judgesThree judges (“the panel”) hear legal (“the panel”) hear legal arguments only.arguments only. No jury.No jury. No new evidence/no witnesses.No new evidence/no witnesses.

U.S. Courts of AppealsU.S. Courts of Appeals

Types of relief:Types of relief: AffirmsAffirms = agrees with decision in trial court. = agrees with decision in trial court. ReversesReverses = disagrees with decision in trial court. = disagrees with decision in trial court. RemandsRemands = sends back to trial court for further = sends back to trial court for further

proceedings (probably with some instructions).proceedings (probably with some instructions). What happens to the party who loses in the appellate What happens to the party who loses in the appellate

court?court? Loser in U.S. Court of Appeals may file a Petition for Writ Loser in U.S. Court of Appeals may file a Petition for Writ

of Certiorariof Certiorari

State CourtsState Courts

Each state has its own, independent Each state has its own, independent judicial system.judicial system.

Cannot be bound by the federal courts.Cannot be bound by the federal courts. One state system cannot bind another One state system cannot bind another

court system.court system. Structurally, each is a bit different.Structurally, each is a bit different.

But, most have three levels.But, most have three levels.

Trial CourtsTrial Courts

State courts can hear State courts can hear any kind of caseany kind of case, , unless a federal statute states otherwise.unless a federal statute states otherwise.

Limited v. general jurisdiction.Limited v. general jurisdiction. Geographic:Geographic: Usually by county. Usually by county. One judge.One judge. PartiesParties = Plaintiff and defendant. = Plaintiff and defendant.

Intermediate Appellate CourtsIntermediate Appellate Courts

Loser has a right to an appeal.Loser has a right to an appeal.

Three judges hear case.Three judges hear case.

PartiesParties = appellant and appellee. = appellant and appellee.

State Supreme CourtsState Supreme Courts

May or may not have to hear the case.May or may not have to hear the case. Justices (odd number).Justices (odd number).

Some Statistics:

Adult correctional authorities supervised about 6,977,700 offenders at yearend 2011

About 2.9% of adults in the U.S. (or 1 in every 34 adults) were under some form of correctional supervision at yearend 2011

Since 2002, the United States has had the highest incarceration rate in the world.

The U.S. rate is 500 prisoners per 100,000 residents, or about 2.6 million prisoners 

Men make up 90 percent of the prison and local jail population, and they have an imprisonment rate 14 times higher than the rate for women. Incarceration rates are highest for those in their 20s and early 30s

The total cost of New York’s prisons—to incarcerate an average daily population of 59,237—was almost $3.6 billion

State Court Sentencing

Federal Case Processing• Summary findings

From October 1, 2007 through September 30, 2008— • 175,556 suspects were arrested and booked by the U.S. Marshals Service

for a federal offense. • 178,570 matters were received by U.S. attorneys for investigation. • 91,835 defendants in criminal cases commenced in federal court. • 82,823 offenders were convicted in federal court. • 78% of convicted offenders were sentenced to prison, 12% to probation,

and 3% received a fine only. • 120,053 offenders were under federal community supervision. • 178,530 offenders were in federal prison on September 30, 2008.

Civil and Criminal Proceedings In a criminal case, the government seeks to impose penalties upon an

individual for violating the law. Those penalties can include fines, loss of freedom or even death. 

An individual or corporation called the plaintiff brings another party, referred to as the defendant, to court.

Steps:Initial Filing - The plaintiff, or injured party, typically with the help of an attorney, files an initial document called a complaint, the first pleading in a civil action, stating the cause of action.

Motions - a request to the court to issue an order, like motion to dismiss due to insufficient evidence

Discovery and Pre-TrialTrial and JudgmentAppealsEnforcement

Plea Bargains• A plea bargain is a special agreement in a criminal case in which the defendant

pleads guilty in return for some concession from the prosecutor. About 90%-95% criminal cases in the US end up in plea bargaining

Plea bargaining is prevalent for practical reasons:

• Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve.• The prosecution saves the time and expense of a lengthy trial.• Both sides are spared the uncertainty of going to trial.• The court system is saved the burden of conducting a trial on every crime charged.

The Cost of Justice

Police, Courts, and Corrections

Jobs in Justice

• Justice Employment Highlights• Nationwide, there were 2.4 million justice employees

working at the federal, state, and local levels during 2006.

• Over the decade--1997 to 2006—overall growth in justice employment for federal, state, and local governments remained relatively stable

• Police protection had the largest number of state and local justice employees.

Court Costs

• Judicial and Legal Expenditure: Federal, state and local governments spent about $46 billion for judicial and legal services nationwide.

• Employment: Over half (54%) of employees working in judicial and legal capacities served at the local level of government, 34% at the state level, and 11% at the federal level.