Mainstream and Crosscurrents, Second Edition Chapter 8 History and Organization of Courts

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 2 Concerns of the court The US criminal court system is an adversarial process. Outsiders have difficulty understanding what is happening in the court.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 3 CrossCurrents Notes of a truTV junkie Do you watch television court and crime shows? Do you believe they are realistic? Why or why not? Are reality court and crime television shows educational or are they pure entertainment?

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 4 Courts in history The blood feud Courts in England Trial by compurgation Trial by ordeal Trial by battle

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 5 Courts in history The blood feud  The blood feud is based on vengeance.  In some societies, a payment could be made to the victim’s family in lieu of violence.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 6 Courts in history Courts in England  The court did more than resolve conflicts and were convened for special occasions.  The lines between civil and criminal cases were not established.  Provided revenues for the king and nobles.  Crimes were redefined as offenses against the state.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 7 Courts in history Trial by compurgation  Compurgation—The practice of taking an oath of truth  The value of the oath was tied to the value of the oath-taker’s life.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 8 Courts in history Trial by ordeal  Trial by cold water  Trial by hot water  Trial by hot iron or fire

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 9 Courts in history Trial by ordeal Depended on divine intervention to demonstrate the innocence of the accused.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 10 Courts in history Trial by battle  Originally used by knights to solve disputes.  Litigants could select someone else to fight for them.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 11 Development of the Jury The inquest can be considered to be the first type of jury.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 12 Grand jury Jury trial Magna Carta Court of the Star Chamber Development of the Jury

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 13 Development of the jury Grand jury The Assize of Clarendon established the beginnings of the grand jury system. Modern grand juries are primarily a check on the prosecutor. Determines whether the evidence is strong enough to charge the accused.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 14 Development of the jury Jury trial The church stopped supporting trial by ordeal. Originally, the jury and the grand jury comprised the same members. Evolved into a check on the state’s power to prosecute citizens.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 15 Development of the jury Magna Carta Signed by King John in Limited the king’s power and recognized nobles’ rights.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 16 Development of the jury Court of the Star Chamber Established to deal with offenses such as riots, unlawful assembly, perjury, criminal libel, and conspiracy. Noted for its abuses Abolished in 1641

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 17 Courts in Colonial America Colonial courts developed in response to the local concerns of each colony.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 18 Slavery and the law Our heritage of due process Courts in Colonial America

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 19 Courts in Colonial America Slavery and the law  The early adoption of slavery caused problems for the justice system.  An alternative system of laws was created to control slaves.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 20 Courts in colonial America Our heritage of due process One of the enduring consequences of independence from England is the documents that were created to specify the relationship between the people and the state.  The Constitution  The Bill of Rights

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 21 Changing nature of the court Marbury v. Madison McCulloch v. Maryland Supremacy Clause Reconstruction and expansion of federal authority Business, unions, and civil liberties Plessy v. Ferguson The Warren Court

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 22 Changing nature of the court Marbury v. Madison Established the judiciary as equal to the executive and legislative branches of government.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 23 Changing nature of the court McCulloch v. Maryland Established that the court could find that the Constitution included implied powers that could be deduced from its nature and language.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 24 Changing nature of the court Supremacy Clause The US Supreme Court established its power as the "final word" on all cases and became "the court of last resort."

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 25 Changing nature of the court Reconstruction and the expansion of federal authority The social and political issues of various places and decades influenced how courts ruled.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 26 Changing nature of the court Business, unions, & civil liberties The courts used the Fourteenth Amendment to protect the interests of business.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 27 Changing nature of the court Plessy v. Ferguson The 1896 Court mandated that "separate but equal" was reasonable.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 28 Changing nature of the court The Warren Court Expanded the rights of due process and earned a reputation for championing the causes of society's peoples.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 29 Organization of the courts The difference between civil courts and criminal courts lies in the types of law they deal with …

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 30 Organization of the courts  Criminal law concerns the major violations against society and violations are punishable by prison.  Civil law governs private issues. Violations are not punishable by prison.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 31 Organization of the courts Nature of jurisdiction Structure of the federal courts State courts

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 32 Organization of the courts Nature of jurisdiction  Subject matter jurisdiction  Geographic jurisdiction  Hierarchical jurisdiction

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 33 Nature of jurisdiction Subject matter jurisdiction The nature of the case can determine which court will have jurisdiction.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 34 Nature of jurisdiction Geographic jurisdiction The political boundaries of cities, counties, and states can determine the geographic jurisdiction of a court.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 35 Nature of jurisdiction Hierarchical jurisdiction  Trial courts hear the facts of the case.  Appellate courts review the work of the trial court judge.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 36 Organization of the courts Structure of the federal courts Four levels of federal courts...  Magistrate courts  US district courts  US circuit courts of appeal  US Supreme Court There are also specialized federal courts.

Federal court jurisdictions Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 37

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 38 Organization of the courts Structure of the federal courts  Suits involving the government  Suits between two more more states  Suits involving public ministers  Suits involving laws passed by Congress, treaties, and maritime laws Federal courts hear the following types of cases …

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 39 Structure of the federal courts US magistrate courts The lowest level of the federal court system, magistrate courts operate as courts of limited jurisdiction.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 40 Structure of the federal courts US district courts Try felony cases involving federal laws and civil cases in which the amount of money in controversy exceeds $75,000.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 41 Structure of the federal courts US district courts Handle bankruptcy cases, felony cases involving federal laws and civil cases in which the amount of money in controversy exceeds $75,000.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 42 Structure of the federal courts US courts of appeals Serve as intermediate courts of appeals and dispose of many before they reach the Supreme Court.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 43 Structure of the federal courts US Supreme Court The court of last resort hears only about 80 cases a year, all of which must involve a "substantial federal question."

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 44 Structure of the federal courts Specialized federal courts Handle primarily civil cases, monetary claims against the federal government, and certain criminal cases.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 45 Organization of the courts State courts  Juvenile courts  State trial courts  State intermediate courts of appeals  State supreme courts

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 46 CrossCurrents Organization of the Courts California rules The nation’s courts follow California, at least according to a recent study by two legal experts. California has 1260 followed decisions. Study: One reason is the size and diversity of its population, culture, and economy.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 47 State courts Juvenile courts Unlike adult courts, juvenile courts follow civil law because the primary goal of juvenile courts is rehabilitation not punishment.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 48 State courts State trial courts  Lower courts handle mostly traffic cases, misdemeanors, small claims, and the preliminary stages of felony cases.  Major trial courts hear most of the serious street-crime cases.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 49 State courts State intermediate courts of appeals Usually the decision at the intermediate court of appeal level will be the final decision.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 50 State courts State supreme courts These courts are the court of last resort for all but a very few cases that bear issues of constitutional or federal law.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 51 Each state has its own jurisdictional pattern to allow municipalities, counties, and neighborhoods to structure their legal systems in a way that best responds to citizens. Drug courts Conflict resolution programs Family courts Magistrate courts State courts Local courts and community courts

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 52 Drug courts allow the criminal justice system to accomplish several goals. Offenders can be treated more consistently. Drug-court personnel are more aware of community treatment options. It is less expensive and more efficient. State courts Drug courts

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 53 Many low-level offenses can be more efficiently dealt with by allowing offenders and victims to work out their disputes between themselves. State courts Conflict resolution programs

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 54 State courts Family courts Family courts may be incorporated into the juvenile court. Court personnel can be more specialized in their knowledge of family dynamics and resources available to solve family problems.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 55 State courts Magistrate courts Handle a number of minor offenses and preliminary court proceedings, including some pretrial intervention programs and bail. Gatekeeper function: Diverts some minor cases to alternative treatment programs

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 56 Questions What served as the foundation for US courts? Name the three types of court jurisdiction. What do local and community courts do?