COURTROOM WORKGROUP I: STRUCTURE AND FUNCTIONS
ADVERSARIAL REPRESENTATION Physical Structure of Courtroom Roles (prosecutor vs. defense; victim v. defendant)
COURTROOM RULES Some based on rights of accused Operate within system of jurisprudence (philosophy of law) Regulate Behavior, evidence, procedure, order of events Sources: Constitution, statutes, case law, individual judges
DUAL STRUCTURE Federal and State court systems Similar in their hierarchy – trial courts of origin and appellate courts Federal jurisdiction State jurisdiction Right to appeal (limited)
CRIMINAL VS. CIVIL COURT Book page 95
FEDERAL: MAGISTRATE COURTS Federal Magistrates Act of 1968 Limited powers – do not conduct trials Bail review, issue search and arrest warrants, petty offenses
FEDERAL: US DISTRICT COURTS Trial courts of original jurisdiction Civil and criminal cases (most are civil)
FEDERAL: US COURTS OF APPEALS (CIRCUIT COURTS) From district courts 13 circuits (10th Circuit, e.g.) Must be constitutional basis for appeal Appealable issues limited (fair trial, unconstitutional statute) NOT reconsideration of guilt/innocence Error must have affected outcome If issue is not raised during trial, appeal may be denied Panel of judges (3), not a jury May only review written briefs (could hear oral arguments) Findings: substantial error/unconstitutional law; no error or law is constitutional; error, but did not affect the outcome If error/unconstitutional, then back to lower court (new trial, dismiss charges, new sentence)
UNITED STATES SUPREME COURT Highest Court Jurisdiction Cannot be over-ruled Functions: judicial review; mediator between state disputes; mediator between US and foreign countries; legal opinions on federal government (e.g., FL ballot count) Landmark cases – ruling on constitutional interpretations Not required to hear cases – if SC refuses, no recourse (exceptions, though) Only hears cases when all other appeals have been exhausted
UNITED STATES SUPREME COURT Filtering process Clerk review (meritorious cases go to justices) 4 or more of 9 agree that constitutional issue is raised, then send case for review Issue Writ of Certiorari (order to lower court) to forward record Review trial record and may terminate review at this point Could request written briefs re: constitutional issue (brief and rebuttal by attorneys) May decide case deserves a hearing – oral arguments (confined to constitutional issue at hand) Per Curiam or written opinion
UNITED STATES SUPREME COURT Decision options Affirm ruling of lower court(s) - ~75% Reverse and remand (~25%) Reverse and remanded does not mean NG – conviction is vacated, and lower court must remedy the error Might re-try case Might alter sentence Might drop the case
STATE COURTS Each state is autonomous Try defendants charged with violation of state law/constitution Criminal trials – small percent of court’s activities
STATE COURTS: SPECIAL COURTS Limited jurisdiction No record of trials Appeals involve new trial Examples: traffic, small claims
STATE COURTS: GENERAL JURISDICTION Trial courts of original jurisdiction Traffic violations to murder – wide range Full record of all cases Appeals usually are initiated from here Called district courts, courts of common pleas, superior courts
STATE COURTS: APPELLATE No original jurisdiction (no guilt/NG determination) Review judicial error Due process, civil rights, federal and state constitutional questions
STATE COURTS: LAST RESORT State Supreme Courts 5-9 judges, varies by state Similar to USSC Select number of cases (no requirement to hear appeals) Affirm or reverse and remand Only will hear cases after all appeals have been exhausted