1 Lower Courts Chapter Eighteen

2 Scope of Lower Courts Trial courts of Limited Jurisdiction. Also referred to as inferior courts or lower courts. Constitute 60% of the judicial body. Jurisdiction includes: –Preliminary stages of felony cases. –Non-felony criminal cases. –Small claims.

3 Non-Felony Criminal Cases Misdemeanor: a crime punishable by a fine and/or imprisonment for a period of less than one year. Ordinance violation: a violation of a law passed by a local governing body such as a city council. Traffic offenses: a group of offenses involving self-propelled motor vehicles.

4 Concerns about Lower Courts Few defendants are represented Trials are rare Informality the rule Sentences imposed quickly Inadequate financing Inadequate facilities Lax Court Procedures Unbalanced caseloads

5 Justice of the Peace Courts v. Municipal Courts Justice of the Peace: Rural. Low caseloads Lack of resources Greater familiarity Municipal Courts: Urban Heavy Caseloads Assembly line justice

6 Lower Court Jurisprudence North v. Russell: non-lawyer judges do not violate the due process clause, nor do they deny equal protection. Baldwin v. New York: A defendant has a right to a jury trial only if the offense can be punished by imprisonment for more than six months. Tate v. Short: Defendants may not be jailed because they are unable to pay a fine. Argersinger v. Hamlin: No person may be imprisoned for any offense unless he was represented by counsel, unless waived.

7 Community Collaboration Community Justice efforts Alternative Dispute Resolution centers Restorative Justice Community Dispute Settlement centers Community Courts Mediation centers Neighborhood Justice Centers

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