1. Courts and Criminal Justice in America CHAPTER Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Federal Courts 3

2. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Introduction Federal courts include not just the federal trial and appellate courts, but also legislatively-created courts  e.g. U.S. Tax Court Federal courts are the most powerful courts  Especially true of the federal appellate courts, particularly the U.S. Supreme Court

3. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall A Brief History of the Federal Courts The Pre-Constitution Era  Articles of Confederation No separation of legislative and executive powers No national judiciary

4. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall A Brief History of the Federal Courts  Constitutional Convention in Philadelphia (1787) The Virginia Plan proposed three branches The New Jersey Plan called for elimination of the lower federal courts The Constitution was created through compromise of the two plans

5. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall A Brief History of the Federal Courts The Post-Constitution Era  Article III created an independent judiciary Judges hold their positions for life Salary can’t be reduced as an effort to exert control

6. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall A Brief History of the Federal Courts  Article III also places limits on judicial independence Expansion of the federal judiciary is only achieved with legislative authority Reinforces the practice of federalism

7. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall A Brief History of the Federal Courts The Judiciary Act of 1789  The U.S. was divided into 13 judicial circuits The 13 circuits were divided into 3 districts  The Supreme Court was to consist of a chief justice and five associate justices

8. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall A Brief History of the Federal Courts The Judiciary Act of 1891  Also called the Evarts Act  Main accomplishment was creation of the 13 U.S. Circuit Court of Appeals

9. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts U.S. District Courts  Federal trial courts; the “entry point” into the federal judicial system  94 district courts, fewer appellate courts, one Supreme Court  Vast majority of federal cases are resolved at the district court level A very small percentage even see actual trials due to plea bargaining

10. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts The Early Days  Prospective federal judges would write letters to the President, Vice President and Congress seeking appointment The practice of the President appointing judges with public service backgrounds and/or attorneys continues to this day  As states became more populous, they were divided into several federal districts (e.g. Texas has four)

11. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts Present Day Organization  89 federal districts in the 50 states, one in DC, Puerto Rico, Guam, Virgin Island and Northern Mariana Islands  There is more than one judge in every district Benefit is holding multiple trials at the same time Allocation of judgeships across districts corresponds to workloads

12. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts Appellate Courts  Changing Roles and Names Were originally called circuit courts Court Appeals Act of 1891 created the U.S. Circuit Courts of Appeal By the 1920s each had at least three judgeships Currently 13 federal circuits

13. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts The Review Function  Mostly hear cases that originate beneath them in the district courts  Do not engage in fact finding, rather they fulfill a review function.  Primary responsibility is to review alleged errors made by district court judges  Also “screen” cases for Supreme Court review  Often act as policy makers Hopwood v. Texas

14. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts The Courts of Appeal at Work  Judges have developed methods to screen cases and lighten their workloads Similar claims are often combined into one to minimize duplication and promote a uniform decision Judges often rely on their staff for recommendations and issue decisions in writing

15. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts  Cases are normally assigned to a panel of three judges  If there is an issue all of the judges will sit in as an en banc proceeding

16. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts U.S. Supreme Court  The final arbiter in the U.S. judicial system Their decisions can be altered by constitutional amendment, but this is rare Miranda v. Arizona  It is unique because of federalism Necessary to have one court that could have the final say on matters in both federal and state government

17. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts  The Supreme Court’s Caseload Has both original and appellate jurisdiction Appellate jurisdiction accounts for the majority of its caseload Generally an appellate case raises questions concerning the U.S. Constitution

18. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts Important Eras  The Supreme Court met for the first time on Monday, February 1, 1790 John Jay was selected as the chief justice Over the next 10 years the Court decided only about 50 cases John Marshall served as chief justice from 1801-1835 Marbury v. Madison

19. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts Next was Chief Justice Roger Taney After Taney much time was spent interpreting post-Civil War amendments  The Court next spent much time on New Deal cases West Coast Hotel Co v. Parrish  Earl Warren (1953-1969) Dealt with many cases of equal treatment or minorities Brown v. Board of Education

20. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts  Warren Burger (1969-1986) Furman v. Georgia Gregg v. Georgia Solem v. Helm  William Rehnquist (1986-2005) Continued running a conservative court

21. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts The Supreme Court at Work  Annual term starts on the 1st Monday in October and continues until June or July  Terms are divided into two periods “Sittings” – justices hear cases and deliver opinions “Recesses” – consider business before the Court and write opinions

22. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts  Oral arguments are scheduled Monday- Wednesday  Each side is given 30 minutes to argue  All nine justices participate in the majority of decisions

23. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts The Supreme as a Policymaker  When the Court decides on a case their decision is final and binding on all other courts in the U.S.  Supreme Court decisions have covered all manner of governmental and social issues, each with some interesting federal or constitutional question

24. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts Other “Article III” Courts  U.S. Court of International Trade Resolves disputes involving international trade Grew from the Customs Courts Act of 1980 Prior to 1980, trade disputes were resolved in the U.S. Customs Court

25. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts Geographical jurisdiction extends throughout the U.S. Subject matter jurisdiction is limited, but can decide any dispute arising out of laws pertaining to international trade

26. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Structure of Federal Courts  Foreign Intelligence Surveillance Court Originated from the Federal Intelligence Surveillance Act of 1978 (FISA) Amended most significantly by the 2001 PATRIOT Act Oversees requests for surveillance warrants against suspected foreign intelligence agents

27. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Federal Judicial Administration and Caseloads Administrative Levels  Court Level Administrative functions include hiring staff, overseeing spending, managing court records Chief judge acts as leader and oversees the operations of the court and actions of subordinates Policy decisions tend to be made by several judges

28. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Federal Judicial Administration and Caseloads  Regional Level: Circuit Judicial Councils Charged with the task of issuing orders for the administration of justice within its circuit Sets circuit policy and implements orders from their superior, the Judicial Conference of the U.S. Reviews local court rules for consistency with national rules of procedures and approves district court plans

29. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Federal Judicial Administration and Caseloads  The National Level: Judicial Conference of the United States Purpose is to make policy for the federal courts Also supervises the director of the Administrative Office of the U.S. Courts Presided over by the Chief Justice of the U.S. Supreme Court

30. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Federal Judicial Administration and Caseloads Insert Figure 3-5

31. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Federal Judicial Administration and Caseloads  District Courts The number of cases before the district courts has doubled from 1982 to 2006 A large portion of the growth is due to the war on drugs  Court of Appeals and the Supreme Court Blakely v. Washington United States v. Booker