criminal justices

In this journal entry, reflect on at least two things you learned or discovered through the Chapter’s readings. Reflect on how a particular topic in the chapter was interesting, challenging, boring, surprising to you and how you may apply a particular concept or theory you learned in the reading in your current or future profession.

Instructions: There is no minimum word limit for your journals, however, you will need to put in some effort and write at least a couple of good paragraphs for your reflection journals.

Criminal Justice: A Brief Introduction Thirteenth Edition

Chapter 7 The Courts

History and Structure of the American Court System • Dual court system

– Federal court system – State court systems

• States’ rights have gradually waned relative to power of federal government

• Jurisdiction – The territory, subject matter, or people over

which a court may exercise lawful authority

Figure 7.1 The Structure of the Federal Courts

Figure 7.2 Different Structures of Trial and Appellate State Court Organization

The Development of State Courts (1 of 3)

• Original jurisdiction – The lawful authority of a court to hear or to act

on a case from its beginning and to pass judgment on the law and the facts

• Appellate jurisdiction – The lawful authority of a court to review a

decision made by a lower court

The Development of State Courts (2 of 3)

• Each of the original American colonies had its own state court system

• No uniformity among state court systems

• Most did not distinguish between original and appellate jurisdiction

• Late nineteenth century—huge increase in civil litigation, criminal arrests

The Development of State Courts (3 of 3)

• State court systems developed by following one of several models:

– New York State Field Code of 1848  Most states originally copied this model

– Federal Judiciary Act of 1789 and the Federal Reorganization Act of 1801  States that followed the federal model

developed a three-tiered structure

State Court Systems Today

• Three-tiered federal model included many local and specialized courts

• Court simplification movement proposed a uniform model building on

– a centralized court structure with a clear hierarchy of trial and appellate courts

– consolidation of lower-level courts with overlapping jurisdictions

– centralized state court authority

State Trial Courts (1 of 2)

• Trial court conducts arraignments, sets bail, takes pleas, conducts trials, imposes sentence

• Trial courts of limited jurisdiction (lower courts) – Authorized to hear less serious cases – Rarely hold jury trials – No detailed record of proceedings is maintained – Much less formal

State Trial Courts (2 of 2)

• Trial courts of general jurisdiction (high courts, circuit courts, superior courts)

– Authorized to hear any criminal case – Often provide first appellate level for courts of

limited jurisdiction – Trial de novo

 Term applied to cases that are retried on appeal

– Operate within the adversarial process

State Appellate Courts (1 of 3)

• State appellate division may include – Intermediate appellate court (court of appeals) – High-level appellate court (state supreme court,

court of last resort)

• All states have supreme courts but only 39 have intermediate appellate courts

State Appellate Courts (2 of 3)

• Appeal – Convicted defendant’s request that a higher

court review the actions of a lower court

• Appellate courts review the case on record but do not conduct a new trial

• Most states require automatic appeal on death sentences or life in prison

State Appellate Courts (3 of 3)

• Most convictions are affirmed on appeal

• If the defendant wins the appeal, the trial court’s verdict is reversed and the case is remanded or sent back for a new trial

• State defendants may attempt an appeal to the U.S. Supreme Court, but it must be based on claimed violations of the defendant’s legal or Constitutional rights

State Court Administration • State court administrators manage operational

functions, including case-flow management

• National Center for State Courts – An independent, nonprofit organization

dedicated to the improvement of the American court system

• Administrative Office of the U.S. Courts – Manages federal court operations

Dispute-Resolution Centers and Specialized Courts (1 of 3)

• Dispute-resolution center

– Informal hearing place designed to mediate interpersonal disputes without resorting to a more formal arrangement of a criminal trial court

– Hears victims’ claims of minor wrongs

– Frequently staffed by volunteer mediators

• May substantially reduce lower-level court caseloads

Dispute-Resolution Centers and Specialized Courts (2 of 3)

• Community courts – Low-level courts that focus on quality-of-life

crimes that erode neighborhoods’ morale – Emphasize problem-solving rather than

punishment and build on restorative principles – Official component of the formal justice system – Typically divert offenders from prosecution or

incarceration—generally sentence offenders to work within the community

Dispute-Resolution Centers and Specialized Courts (3 of 3)

• Problem-solving courts – Low-level specialized courts that focus on

relatively minor offenses and handle special populations or address special issues such as reentry

– Often a form of community courts – Gun courts, domestic violence courts, D W I/D U I

courts, drug courts, reentry courts

• Main goals – Case management – Therapeutic jurisprudence

The Federal Court System

• Federal courts were created by Article I I I, Section 1 of the U.S. Constitution

• Federal judiciary consists of three levels: – U.S. district courts – U.S. courts of appeal – U.S. Supreme Court

U.S. District Courts

• Trial courts of the federal court system

• Handle both civil and criminal matters

• 94 federal judicial districts, at least one in each state

• Have original jurisdiction over all cases involving alleged violations of federal statutes

• Caseloads growing due to drug and illegal immigrant prosecutions

U.S. Courts of Appeal (1 of 2)

• 13 U.S. courts of appeal—hear appeals from district courts within its circuit

• Federal Circuit, D.C. Circuit, 11 numbered circuits— each contains one U.S. court of appeal

• Often referred to as circuit courts

• Each court includes six or more judges, depending on court caseload

U.S. Courts of Appeal (2 of 2)

• Appeals generally fall into three categories – Frivolous appeals—little substance – Ritualistic appeals—probability of reversal is

negligible – Nonconsensual appeals—highest probability of

reversal

Figure 7.3 Geographic Boundaries of the U.S. Courts of Appeal and U.S. District Courts

The U.S. Supreme Court

• Highest court in the United States—has immense power

• Greatest authority lies in capacity for judicial review of lower court decisions and state and federal statutes

– Marbury v. Madison (1803)—established Supreme Court’s authority as final interpreter of the U.S. Constitution

The Supreme Court Today

• Supreme Court may accept cases from the U.S. courts of appeal and from state supreme courts

• Limited original jurisdiction

• Four justices must agree to hear a case before a writ of certiorari is issued

• Only about 200 of the 5,000 requests for review received annually are heard

• Decisions rarely unanimous

Pretrial Activities

• Numerous court-related activities routinely take place before trial can begin

• Activities vary among jurisdictions

The First Appearance • Also called initial appearance or magistrate’s

review

• Defendants brought before a judge – Given formal notice of the charges – Advised of their rights – Given the opportunity for representation – May be afforded the opportunity for bail

• May also involve a probable cause hearing

• Suspect do not to present evidence but are entitled to counsel

Pretrial Release (1 of 2)

• Pretrial detention – Defendants charged with very serious crimes or

who are thought likely to escape or injure others usually held in jail until trial

• Early intervention programs – Gather/present information about available

release options – Supervise defendants on pretrial release

Pretrial Release (2 of 2)

• Initial pretrial release/detention decision usually made by a judicial officer

• Focus on two types of risk – Risk of flight/nonappearance for scheduled court

appearances – Risk to public safety

Bail (1 of 2)

• The most common release/detention decision- making mechanism in American courts

• Serves two purposes: – Helps ensure reappearance of the accused – Prevents unconvicted persons from suffering

imprisonment unnecessarily

Bail (2 of 2)

• Bail involves posting a bond as a pledge that accused will return for further hearings

• Bail bond usually involves cash deposit but may be based on property or other valuables

• Bail bond may be forfeited if defendant deliberately attempts to avoid prosecution

Alternatives to Bail (1 of 3)

• Release on recognizance (R O R) – Pretrial release on the defendant’s written

promise to appear in court as required – No cash or property bond is required

• Property bond – Substitutes other items of value in place of cash

—land, houses, stocks, etc.

Alternatives to Bail (2 of 3)

• Deposit bail – Alternative form of cash bond that lets the

defendant post a percentage of the full bail with the court

• Conditional release – Imposes requirements on the defendant – May include release under supervisions

Alternatives to Bail (3 of 3)

• Third-party custody – Defendant assigned to custody of an individual

or agency that promises to ensure defendant’s appearance in court

• Unsecured bonds – Credit contract, no monetary deposit required

• Signature bonds – Release based on defendant’s written promise

to appear

Pretrial Release and Public Safety

• Pretrial release is a common practice – About 57% of state felony defendants and 36%

of federal defendants are released before trial

• Danger law – A law intended to prevent the pretrial release of

criminal defendants judged to represent a danger to others in the community

• Courts tend to uphold constitutionality of pretrial detention legislation

The Grand Jury (1 of 2)

• Used by the federal government and about half the states

• Grand jury – Made up of private citizens – Hears evidence presented by the prosecution

and decides if there is sufficient evidence to bring the accused to trial

– Serves as filter to eliminate cases from further processing when there is no sufficient evidence

The Grand Jury (2 of 2)

• Hearings are held in secret – Defendant generally does not appear – Defense has no opportunity to cross-examine

prosecution witnesses

• After hearing the evidence, grand jury votes on the indictment

– True bill: majority of jury members agree to forward the indictment to the trial court

The Preliminary Hearing (1 of 2)

• Used in states without grand juries

• Three matters decided during preliminary hearing: – Whether a crime was committed – Whether the crime occurred within the territorial

jurisdiction of court – Whether there are reasonable grounds to

believe that the defendant committed the crime

The Preliminary Hearing (2 of 2)

• Prosecutor files information—formal accusation or complaint against the accused

• Hearing held to determine if there is probable cause to hold the defendant for trial

• Primary purpose is to give defendants an opportunity to challenge the legal basis for their detention

• May also evaluate whether defendant is competent to stand trial

Arraignment and the Plea (1 of 2)

• Arraignment – Defendant’s first appearance before the court

that has the authority to conduct a trial – Two purposes

 To once again inform the defendant of the specific charges

 To allow the defendant to enter a plea

Arraignment and the Plea (2 of 2)

• Plea – The defendant’s formal answer to the charge

• Three types of pleas may be entered – Guilty – Not guilty – Nolo contendere or no-contest

 Defendant sentenced as if pled guilty  Not an admission of guilt, so cannot be used

as a basis for later civil proceedings

Plea Bargaining (1 of 2)

• Plea bargaining – The process of negotiating an agreement

among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case

• Avoids need for trial, reduces time required to resolve criminal cases

• A vast majority of criminal cases are resolved through a negotiated plea

Plea Bargaining (2 of 2)

• Negotiated pleas require judicial consent to validate the conviction resulting from a guilty plea

• Sixth Amendment right to counsel includes plea bargaining process

• Plea bargaining does have potential for misuse by prosecutors and defense attorneys

Criminal Justice: A Brief Introduction
History and Structure of the American Court System
Figure 7.1 The Structure of the Federal Courts
Slide 4
The Development of State Courts (1 of 3)
The Development of State Courts (2 of 3)
The Development of State Courts (3 of 3)
State Court Systems Today
State Trial Courts (1 of 2)
State Trial Courts (2 of 2)
State Appellate Courts (1 of 3)
State Appellate Courts (2 of 3)
State Appellate Courts (3 of 3)
State Court Administration
Dispute-Resolution Centers and Specialized Courts (1 of 3)
Dispute-Resolution Centers and Specialized Courts (2 of 3)
Dispute-Resolution Centers and Specialized Courts (3 of 3)
The Federal Court System
U.S. District Courts
U.S. Courts of Appeal (1 of 2)
U.S. Courts of Appeal (2 of 2)
Slide 22
The U.S. Supreme Court
The Supreme Court Today
Pretrial Activities
The First Appearance
Pretrial Release (1 of 2)
Pretrial Release (2 of 2)
Bail (1 of 2)
Bail (2 of 2)
Alternatives to Bail (1 of 3)
Alternatives to Bail (2 of 3)
Alternatives to Bail (3 of 3)
Pretrial Release and Public Safety
The Grand Jury (1 of 2)
The Grand Jury (2 of 2)
The Preliminary Hearing (1 of 2)
The Preliminary Hearing (2 of 2)
Arraignment and the Plea (1 of 2)
Arraignment and the Plea (2 of 2)
Plea Bargaining (1 of 2)
Plea Bargaining (2 of 2)
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