© 2003 Prentice-Hall, Inc. 1 Chapter 8 The Courts

© 2003 Prentice-Hall, Inc. 2 Early Court Systems 1629 Massachusetts Bay Colony General Court served as the legislature as well as the court.

© 2003 Prentice-Hall, Inc. 3 Massachusetts Bay Colony made laws held trials imposed sentences Consisted of: governor deputy governor 18 assistants 118 elected officials

© 2003 Prentice-Hall, Inc. 4 By 1639, the colony had grown substantially in population, and the colonists had migrated out from Boston. Massachusetts Bay Colony

© 2003 Prentice-Hall, Inc. 5 To respond to growth, county courts were established in the outlying areas. The General Court became a court of appeal. Massachusetts Bay Colony

© 2003 Prentice-Hall, Inc. 6 Pennsylvania 1700’s: “Every man could serve as his own lawyer. ”

© 2003 Prentice-Hall, Inc. 7 Common Peacekeepers They served as referees in disputes. The decision of peacemaker was binding. Pennsylvania

© 2003 Prentice-Hall, Inc. 8 The system lasted until It was somewhat similar to today’s “dispute resolution centers.” Pennsylvania

© 2003 Prentice-Hall, Inc. 9 Prior to 1776 All colonies had fully functioning courts. There was a lack of “trained” lawyers. Early Court Systems

© 2003 Prentice-Hall, Inc. 10 Most colonies restricted the number of lawyers allowed to practice. Between 1695 and 1769, New York allowed only 41 lawyers to practice law. Early Court Systems Prior to 1776

© 2003 Prentice-Hall, Inc. 11 Federal Judiciary Act of 1789 trial courts of limited jurisdiction trial courts of general jurisdiction appellate courts 3 Tier Model for Court System

© 2003 Prentice-Hall, Inc. 12 Lower Trial Courts Lower trial courts are where cases “begin.” Some states refer to them as “magistrate’s courts.” Pleas are entered. Bail may be set. A trial is conducted if case is “minor.” State Trial Courts

© 2003 Prentice-Hall, Inc. 13

© 2003 Prentice-Hall, Inc. 14

© 2003 Prentice-Hall, Inc. 15 Authorized to hear: misdemeanors family disputes traffic violations small claims State Trial Courts Lower Trial Courts

© 2003 Prentice-Hall, Inc. 16 rarely hold jury trials no transcripts do not maintain detailed records of cases State Trial Courts Lower Trial Courts

© 2003 Prentice-Hall, Inc. 17 State trial courts maintain records only on: charge plea finding sentence State Trial Courts

© 2003 Prentice-Hall, Inc states have this type of court. State Trial Courts

© 2003 Prentice-Hall, Inc. 19 also called superior courts can hear any type of criminal case often provides first level of appellate review Trial Courts of General Jurisdiction State Trial Courts

© 2003 Prentice-Hall, Inc. 20 State Trial Courts Trial Courts of General Jurisdiction If a court hears a case on appeal from a lower court, it has a new trial called a “trial de novo.” A new trial is necessary because there were no transcripts from lower trial court.

© 2003 Prentice-Hall, Inc. 21 Adversarial Process State and defendant become combatants. Prosecutor represents the state while the defense counsel represents the accused. State Trial Courts Trial Courts of General Jurisdiction

© 2003 Prentice-Hall, Inc. 22 State Trial Courts court of appeals 39 States state supreme court all 50 states Appellate Courts

© 2003 Prentice-Hall, Inc. 23 does not typically conduct a new trial reviews transcripts from lower trial courts when considering an appeal affirms most lower court convictions State Trial Courts Appellate Court

© 2003 Prentice-Hall, Inc. 24 appellant - The side initiating the appeal. appellee - The side opposed to the appeal. State Trial Courts Appellate Courts

© 2003 Prentice-Hall, Inc. 25 It is considered the court of “last resort” at the state level. State Supreme Court State Trial Courts

© 2003 Prentice-Hall, Inc. 26 Cases can be appealed to the U.S. Supreme Court if they are based on a claimed violation of the defendant’s rights as guaranteed under federal law or the U.S. Constitution. State Trial Courts State Supreme Court

© 2003 Prentice-Hall, Inc. 27 Keeney v. Tamayo-Reyes (1993) U.S. Supreme Court ruled: “A respondent is entitled to a federal evidentiary hearing [only] if he can show cause for his failure to develop the facts in the state-court proceedings.” Appellate Cases

© 2003 Prentice-Hall, Inc. 28 Justice Byron White wrote: “It is hardly a good use of scarce judicial resources to duplicate fact-finding in federal court merely because petitioner has negligently failed to take advantage of opportunities in state court proceedings.” Appellate Cases Keeney v. Tamayo-Reyes (1993)

© 2003 Prentice-Hall, Inc. 29 Herrera v. Collins (1993) Evidence of innocence is no reason for a federal court to order a new trial if constitutional grounds are lacking. Appellate Cases

© 2003 Prentice-Hall, Inc. 30 Appellate Cases Herrera was on Texas death row at the time. Herrera v. Collins (1993)

© 2003 Prentice-Hall, Inc. 31 “Where a defendant has been afforded a fair trial and convicted of the offense for which he was charged, the constitutional presumption of innocence disappears.” Appellate Cases Herrera v. Collins (1993)

© 2003 Prentice-Hall, Inc. 32 New Jersey first state court administrator appointed prepare, present, oversee budget of state court system direct state court personnel and evaluate personnel for promotion State Court Administrators

© 2003 Prentice-Hall, Inc. 33 State Court Administrators serve as liaison to state legislature collect and publish court statistics analyze flow of cases, assess backlogs

© 2003 Prentice-Hall, Inc. 34 State Court Administrators assign judges to judicial districts develop training programs for judges

© 2003 Prentice-Hall, Inc. 35 Dispute Resolution Centers first programs - early 1970’s Community Assistance Project in Chester, PA Night Prosecutor Program in Rochester, NY

© 2003 Prentice-Hall, Inc. 36 Currently, there are over 200 programs nationwide. The intent is not to assign blame, but to resolve disputes. The centers work closely with the justice system. Some believe that these programs can reduce the load facing the nation’s courts. Dispute Resolution Centers

© 2003 Prentice-Hall, Inc. 37 U.S. Federal Courts U.S. Supreme Court building, Washington, D.C.

© 2003 Prentice-Hall, Inc. 38 Article III, Section 1 “One Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.” Established by the U.S. Constitution U.S. Federal Courts

© 2003 Prentice-Hall, Inc. 39 Article III, Section 2 Federal courts are to have jurisdiction over cases arising under the Constitution, federal law, and treaties. Federal courts are to settle disputes between states and to have jurisdiction in cases where one of the parties is a state. U.S. Federal Courts

© 2003 Prentice-Hall, Inc. 40 Three Types/Levels of Courts U.S. Federal Courts U.S. district courts U.S. courts of appeals U.S. Supreme Court

© 2003 Prentice-Hall, Inc. 41 U.S. District Courts lowest level of federal court authorized by Congress as part of the Judiciary Act of 1789 U.S. Federal Courts

© 2003 Prentice-Hall, Inc. 42 Supreme Court & Courts of Appeal

© 2003 Prentice-Hall, Inc. 43 U.S. Circuit Courts of Appeals

© 2003 Prentice-Hall, Inc. 44 There are 94 courts. Each state has at least one district court. U.S. District Courts U.S. Federal Courts

© 2003 Prentice-Hall, Inc. 45 District courts are also located in: Puerto Rico District of Columbia U.S. Territories (Guam, Virgin Islands, and Northern Mariana Islands) U.S. Federal Courts U.S. District Courts

© 2003 Prentice-Hall, Inc. 46 U.S. federal courts are considered the trial courts of the federal system. District courts are courts of “original jurisdiction.” There are 650 district court judges. Federal judges are appointed by the President and confirmed by the Senate. They serve for life. U.S. Federal Courts

© 2003 Prentice-Hall, Inc. 47 Magistrate Judges assist federal judges 369 full-time magistrate judges 110 part-time magistrate judges Responsibilities include: conducting arraignments setting bail issuing warrants trying minor offenders U.S. Federal Courts

© 2003 Prentice-Hall, Inc ,745 criminal cases and 259,517 civil cases were filed in U.S. District Courts. U.S. Federal Courts

© 2003 Prentice-Hall, Inc. 49 U.S. Courts of Appeals often referred to as “circuit courts” review cases on appeal from U.S. district courts and U.S. Tax Court 167 appeals court judges

© 2003 Prentice-Hall, Inc regional courts 1 U.S. Court of Appeals for the Federal Circuit established in 1982 consists of merger of: U.S. Court of Claims U.S. Court of Customs and Patent Appeals U.S. Courts of Appeals

© 2003 Prentice-Hall, Inc. 51 Hear appeals from the following courts: U.S. Court of Federal Claims U.S. Court of International Trade U.S. Court of Veterans Appeals U.S. Courts of Appeals

© 2003 Prentice-Hall, Inc. 52 Hear appeals from the following courts: International Trade Commission Board of Contract Appeals Patent and Trademark Office Merit System Protection Board U.S. Courts of Appeals

© 2003 Prentice-Hall, Inc. 53 The Constitution guarantees a right to appeal. A defendant’s right to appeal, however, has been interpreted to mean the right to one appeal. U.S. Courts of Appeals

© 2003 Prentice-Hall, Inc. 54 Therefore, the U.S. Supreme Court does not hear every appeal by defendants dissatisfied with the decision of a federal appeals court. U.S. Courts of Appeals

© 2003 Prentice-Hall, Inc. 55 U.S. Supreme Court The U.S. Supreme Court consists of nine justices, eight of whom are referred to as Associate Justices. The ninth justice presides over the Court as the Chief Justice.

© 2003 Prentice-Hall, Inc. 56 Supreme Court Justices: are nominated by the President are confirmed by the Senate serve for life U.S. Supreme Court

© 2003 Prentice-Hall, Inc. 57 U.S. Supreme Court Chief Justice: William Rehnquist (appointed 1972) Associate Justices: John Paul Stevens (appointed December 1975) Sandra Day O’Conner (appointed September 1981) Antonin Scalia (appointed September 1986) Anthony Kennedy (appointed February 1988) David Souter (appointed October 1990) Clarence Thomas (appointed October 1991) Ruth Bader Ginsberg (appointed August 1993) Stephen Breyer (appointed August 1994)

© 2003 Prentice-Hall, Inc. 58 U.S. Supreme Court The Supreme Court has limited original jurisdiction. It does not conduct trials except in disputes between states and some attorney disbarment. It reviews the decisions of lower courts. Four Justices must vote in favor of a hearing for a case to be heard.

© 2003 Prentice-Hall, Inc. 59 U.S. Supreme Court The Court issues a “writ of certiorari” to a lower court. Usually the Court only reviews cases which involve a substantial federal question. Of 5,000 requests for review, only about 200 are heard.

© 2003 Prentice-Hall, Inc. 60 Writ of Certiorari A writ issued from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case. In some instances, this writ is a mechanism for discretionary review.

© 2003 Prentice-Hall, Inc. 61 Judicial Review judicial review - The power of a court to review actions and decisions made by other agencies of government. It is probably the U.S. Supreme Court’s greatest power.

© 2003 Prentice-Hall, Inc. 62 Judicial Review While judicial review was not explicit in the U.S. Constitution, it was anticipated by its framers. Alexander Hamilton, in the Federalist Papers, wrote that through judicial review, the Court should ensure that the “will of the people” would be supreme over the “will of the legislature.”

© 2003 Prentice-Hall, Inc. 63 Marbury v. Madison (1803) The Supreme Court forcefully asserted its power of judicial review. Chief Justice John Marshall wrote an opinion establishing the Court’s authority as final interpreter of the U.S. Constitution by declaring “it is emphatically the province of the judicial department to say what the law is.” Judicial Review

© 2003 Prentice-Hall, Inc. 64 first appearance pretrial release and bail Pretrial Activities

© 2003 Prentice-Hall, Inc. 65 the grand jury the preliminary hearing arraignment and plea Pretrial Activities