Understanding the Criminal Justice System CJUS 101 The American Courts and the Right to Counsel

Courts The American court - early legislators set-up our court system - by attorneys / for attorneys - prosecute / defend / judge / over-rule a. House that justice built - both criminal / civil - 1/3rd civil settlement (1) Miranda vs. Arizona - attorney required

Courts (2) Prosecutors - plea bargain with defense attorneys b. Terms / concepts - limited jurisdiction - general jurisdiction - appellate jurisdiction c. Federal level (1) Limited jurisdiction

Courts - magistrate’s court (2) General jurisdiction - district court (3) Appellate jurisdiction - court of appeals - supreme court (court of last resort) d. State court systems - state’s vary in court types

Courts (1) Limited jurisdiction: misdemeanors - municipal court (city) - district court (county) (2) General jurisdiction: felonies - superior court (county) (3) Appellate jurisdiction - court of appeals (4) Courts of last resort: supreme court

Courts e. Process - state court structure (1) Limited jurisdiction - defendant found guilty - appeal to superior court (2) General jurisdiction court - appeal to court of appeals - can be lower court appeal - can be guilty verdict in superior court

Courts (3) Appellate jurisdiction (a) Court of appeals -hear appeals from superior court - within court jurisdiction (b) Supreme court - appeals throughout state f. Federal

Courts - court structure (1) Limited jurisdiction - US Magistrate’s Court - minor crimes / arrest-search warrants (2) General jurisdiction - US District Court - felony crimes - state court appeals - civil trials

Courts (3) Appellate jurisdiction - US Courts of Appeal - 13 circuits - 9th circuit (Washington state) - appeals from US District Court (4) Court of last resort - US Supreme Court - appellate jurisdiction - appeals from Courts of Appeal - Rule of Four / Writ of Certiorari

Courts Washington court system a. Limited jurisdiction courts - considered lower or inferior courts - limited authority (1) First level - municipal court / city - old justice of the peace court - presides over crimes / infractions - city ordinances

Courts (2) Second level - county district court - unincorporated area - presides over crimes / infractions / civil matters under $50,000 (3) Problems generated - overburdened - follow-up on releases - jail overcrowding

Courts b. General jurisdiction courts - considered to be a state court - felony crimes / lower court appeals - civil over $50,000 (1) Presides over: - arraignments - bail hearings - 3.5 hearings (pre-trial motions) (2) Problems generated

Courts - overburdened - plea bargains - part-time judges c. Appellate jurisdiction courts - state supreme court / courts of appeal - restricted solely to appeals of lower courts (1) Court of Appeals - buffer for supreme court - handle criminal / civil on appeal

Courts - strictly a paper court Federal court a. Administrative law courts - hear non-criminal cases - business / professional sector - appeals to US District Court b. US Magistrates Court - minor federal crimes

Court (1) Assist US District Court - set bail / search and arrest warrants - review petitions / pretrial conferences (2) Appeals - go to US District Court c. US District Court - general trial court - violations of federal law - search / arrest warrants

Court (1) Both civil / criminal cases - appeals from state courts (2) Reviews petitions from federal prisoners c. Courts of Appeal - appeals from US District Court - both civil / criminal (1) 13 regions in US and territories - 94 districts

Court d. US Supreme Court - “Guardian of the Constitution” - Rule of Four - Writ of Certiorari (1) Nine justices - one chief justice / eight associate (2) Life terms - nominated by president - confirmed by senate