Introduction to Criminal Justice – CJA/204 Court Room Visuals Introduction to Criminal Justice – CJA/204

Major Historical Developments of the U.S. Courts The U.S. Congress passed the Judiciary act of 1789. The development of the State Court System can be traced from the colonial period to the present time. Prior to the Confederation and the writing of the United Sates Constitution in 1787, the colonies, as sovereign entities, already had written the constitutions. During the colonial period, political power was concentrated in the hands of the governor appointed by the king of England. The lowest level of the colonial judiciary consisted of local judges which were called justice of the peace or the magistrates. In the early 18th century, the legal profession had made a major change. The lawyers were trained in the English Inns of Court and as a consequence colonial court procedures were being replaced by what is known as the more sophisticated English common law. (www.historytoday.com) Source: www.historytoday.com

Major Historical Developments of the U.S. Courts State and Federal Court System Diagram Major Historical Developments of the U.S. Courts During the early stages of it’s development, the Supreme Court exercised control over the types of cases it heard. In 1891, when the U.S. Court of Appeals was established, the Circuit Courts stopped hearing appeals. In 1934, the Supreme Court gained authority over Federal Courts. The Juvenile Court system emerged almost a century after the Judicial System began. Between 1880-1920, due to the growth in criminal activities among children lead to the development of the Juvenile Court System. The American court system was established in accordance with Article III of the United States Constitution, which has created the judicial branch of the United States government. (www.americanhistory.about.com) Source: http://guides.tulsalibrary.org/judicial

Steps of the Pretrial Process 1 First Appearance 2 Pretrial Detention or Release 3 The Grand Jury or the Preliminary Hearing 4 Arraignment and the Plea 5 Plea Bargaining 1. After arrest, appear before judge to hear what they are being charged with; to be advised of rights; to have opportunity to get representation; to possibly have chance for bail 2. Detention or release: detention is for serious crimes when it’s thought they might hurt someone before the trial. release can be on bail (money or deposit), release on recognizance (written agreement to appear for the rest of the activities), property bonds, conditional release (have to complete a program like drug treatment), third party custody, unsecured bonds, signature bonds 3. Grand Jury: Private citizens hear evidence presented against the defendant, defendant does not appear for this. Indictment is formal listing of charges- if majority of grand jury agrees that the indictment should be forwarded to trial, it will continue through the process. About half of courts use this but NOT ALL -Preliminary Hearing: Alternative to grand jury. It protects rights of the accused to assure that those who are innocent are treated fairly. The defendant has the right to challenge the reason for detention and to determine if the defendant is competent to stand trial (mentally ok) 4. Arraignment is the first appearance before the court that is going to conduct the trial and tell them their charges. They also make a plea of guilty, not guilty or no contest. They can choose to stand mute and not enter a plea 5. Negotiations between the prosecution and defense *After all of the pretrial steps, the trial process begins

Dual Court System of the U.S. The State Court System Under the authority of state governments Majority of criminal cases originate here Many lower level courts, mainly trial or appellate courts The Federal Court System Under the authority of the Constitution, created by Congress District courts, court of appeals, Supreme Court -This system assured minimal intervention by federal government in local issues -State only hears local trials. Federal courts hear federal court cases only, unless there is a discrepancy between local statutes and constitutional guarantees -Some state court systems have been streamlined (reform), but other states still have many lower level courts, with overlapping jurisdictions (nonreform) -lower courts hear only lesser crimes (misdemeanors): they operate within a decision model- more informal, personal and decisive -other state courts are high courts: operate within a procedural model- more formal, due process is followed more closely -state appellate courts: go to this court to review the decision made. court of last resort- can’t go any higher -district courts hear trials at the federal level -federal appellate courts review district court decisions -Supreme Court: 9 justices nominated by the president; has judicial review of lower court decisions

Six Steps Necessary for Appeal Notice of appeal filed Transfer records from trial court to appellate court File briefs Present oral arguments Judges prepare written opinion Judges decide how to handle the decision of the trial court 1. Notice of appeal is filed after court decision, sentence or order 2. Includes transcripts, evidence, etc. 3. Argument that explains the defendant’s view of the facts 4. Attorneys for the defendant and prosecution each have a short time to answer judges’ questions 5. The judges discuss the case among themselves, come to a decision and decide who will write the opinion of the court 6. Can uphold, reverse, modify or remand the trial court decision American Bar Association (2016). How courts work: Steps in a trial. Retrieved from http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals.html American Bar Association, 2016

The Five Philosophical Reasons for Sentencing Criminals Retribution Incapacitation Deterrence Rehabilitation Restoration Retribution: Retribution is the act of taking revenge on criminal perpetrator. If an offender breaks the law he or she should be punished based on perceived need of vengeance. Retribution corresponds to the principle model of sentencing of "just dessert." It punishes based on the severity of the crime committed. Incapacitation: The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses. Deterrence: The goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment. Rehabilitation: The attempt to reform a criminal offender. Also, the state of mind in which a reformed offender is said to be. Restoration: The goal of criminal sentencing that attempts to make the victim “whole again.” * Modern Sentencing Options. Four traditional sanctions: Fines, Probation, Imprisonment, Death. Source: http: // blog.cleveland.com (Farkas, C.K., 2010)

SIX FORMS OF PUNISHMENT Capital Punishment Imprisonment Probation Community Service Fines Restitution Capital punishment is where a criminal is sentenced to death and is the most extreme in sentencing. The federal government and 35 of the 50 states still use capital punishment for first degree murder. Imprisonment is where a convicted offender is sent to prison or jail. Probation, a type of community correction, is a sentence served while under supervision where the criminal lives within the community. Community service is a sentencing alternative that requires the offender to work in the community to pay back society. Fines are penalties imposed by the court that require monetary payments to the court. It is the oldest form of punishment and can deter crimes by depriving the offender of their monetary gains and by enforcing financial responsibility. One study reported $1 billion in annual fines collected. Restitution is where the convicted offender pays money or provide services to the victim of the crime or provide services to the community. (Schmalleger, 2011). To make punishments efficacious, two things are necessary. They must never be disproportioned to the offense, and they must be certain. —William Sims (1806–1870)

References American Bar Association (2016). How courts work: Steps in a trial. Retrieved from http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals.html Farkas, C. K. (2010). Anthony Sowell's trial will have limited courtroom space for families of victims. Retrieved June 27, 2016, from http://blog.cleveland.com/metro/2010/08/anthony_sowells_trial_will_hav.ht ml Schmalleger, F. (2011). Criminal justice today: An introductory text for the 21st century (11th ed). Upper Saddle River, NJ: Prentice Hall, Inc. The Judicial Branch   Tags: Courts, federal courts, judicial branch, supreme court  . (n.d.). Retrieved June 26, 2016, from http://guides.tulsalibrary.org/judicial