1. 7
The Courts

2. FIGURE 7-1 The Structure of the Federal Courts

3. History and Structure of the American Court System
Federal Court System
The three-tiered structure of the federal courts, comprising U. S. district courts, U. S. courts of appeals, and the U. S. Supreme Court
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4. History and Structure of the American Court System
State Court System
A state judicial structure and most states generally have at least three court levels.
Trial courts, appellate courts, and a state supreme court

5. History and Structure of the American Court System
Jurisdiction
The territory, subject matter, or people over which a court may exercise lawful authority

6. The State Court System Original Jurisdiction Appellate Jurisdiction
The lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts
Appellate Jurisdiction
The lawful authority of a court to review a decision made by a lower court

7. Development of State Court Systems
The development of state courts
Each of the original American colonies had its own state court system.
By 1776, all of the American colonies had established fully functioning court systems.
By the late 19th century, there was a tremendous increase in civil litigation and criminal arrests.
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8. Development of State Court Systems
State court systems developed by following one of several models:
New York State Field Code of 1848
Federal Judiciary Act of 1789
Federal Reorganization Act of 1801
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9. Development of State Court Systems
States that followed the federal model developed a three-tiered structure:
Trial courts of limited jurisdiction
Trial courts of general jurisdiction
Appellate courts

10. State Court Systems Today
A centralized court structure composed of a clear hierarchy of trial and appellate courts
The consolidation of numerous lower-level courts with overlapping jurisdictions
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11. State Court Systems Today
A centralized state court authority that would be responsible for budgeting, financing, and managing all courts within a state

12. State Trial Courts
Trial courts of limited jurisdiction are also called lower courts.
Authorized to hear only less serious cases
Rarely hold jury trials
A detailed record of the proceedings is not maintained.
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13. State Trial Courts
Trial courts of general jurisdiction are also called high courts, circuit courts, or superior courts.
Authorized to hear any criminal case
Also provide first appellate level for courts of limited jurisdiction
Trial de novo
Term applied to cases that are retried on appeal

14. State Appellate Courts
There are intermediate appellate courts and high-level appellate courts.
All states have supreme courts, but only 39 have intermediate appellate courts
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15. State Appellate Courts
Appeal
The request that a court with appellate jurisdiction review the judgment
Most states have automatic appeal on death sentences or life in prison.
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16. State Appellate Courts
Most convictions are affirmed on appeal.
If the defendant wins the appeal, the verdict of the trial court is reversed and the case may be sent back for a new trial or remanded.
Keeney v. Tamayo-Reyes (1992)
Herrera v. Collins (1993)
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17. State Appellate Courts
National Center for State Courts (NCSC)
An independent, nonprofit organization dedicated to the improvement of the American court system
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18. State Appellate Courts
Administrative Office of the United States Courts (AOUSC)
Prepares the budget and legislative agenda for the federal courts
Compiles and publishes statistics

19. Dispute-Resolution Centers and Community Courts
Informal hearing place designed to mediate interpersonal disputes without resorting to a more formal arrangement of a criminal trial court
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20. Dispute-Resolution Centers and Community Courts
A low-level court that focuses on quality-of-life crimes that erode neighborhoods' morale, that emphasize problem-solving rather than punishment

21. The Federal Court System
Federal courts were created by the U. S. Constitution, Article III, Section 1.
Federal courts consist of 3 levels:
U. S. district courts
U. S. courts of appeals
U. S. Supreme Court

22. U. S. District Courts The trial courts of the federal court system
Handle both civil and criminal
94 federal judicial districts, one in each state
Drug prosecutions, especially in courts located close to the U. S.-Mexico border, have led to considerable growth in the number of cases filed.

23. U. S. Courts of Appeal
There are 94 judicial districts, organized into 12 regional circuits.
Often referred to as circuit courts
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24. U. S. Courts of Appeal
Appeals generally fall into one of three categories:
Nonconsensual Appeals
Ritualistic Appeals
Frivolous Appeals

25. FIGURE 7. 3 Geographic Boundaries of the U. S. Courts of Appeal and U
FIGURE Geographic Boundaries of the U.S. Courts of Appeal and U.S. District Courts

26. The U. S. Supreme Court
The Court's greatest authority lies in its capacity for judicial review.
The power of the court to review actions and decisions made by other agencies of government
Four justices must agree to hear a case.
Issue a writ of certiorari
5000 request for review; only 200 are actually heard

27. Bail
The most common release/detention decision-making mechanism in American courts
Serves two purposes:
Helps ensure reappearance of the accused
Prevents un-convicted persons from suffering imprisonment unnecessarily
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28. Bail
Bail bond
A document guaranteeing the appearance of a defendant in court as required

29. Alternatives to Bail Release on recognizance (ROR)
The pretrial release of a criminal defendant on his or her written promise to appear in court as required
No cash or property bond is required.
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30. Alternatives to Bail Property bond
The setting of bail in the form of land, houses, stocks, or other tangible property
In the event that the defendant absconds before trial, the bond becomes the property of the court.

31. Pretrial Release and Public Safety
Pretrial release is a common practice.
Danger laws
A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community

32. The Grand Jury
A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether or not there is sufficient evidence to bring the accused person to trial
Hearings are held in secret.
Defendant generally does not appear.
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33. The Grand Jury
A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether or not there is sufficient evidence to bring the accused person to trial
No opportunity to cross-examine prosecution witnesses

34. The Preliminary Hearing
A proceeding before a judicial officer in which three matters must be decided
Whether a crime was committed
Whether the crime occurred within the territorial jurisdiction of court
Whether there are reasonable grounds to believe that the defendant committed the crime
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35. The Preliminary Hearing
Information
A formal written accusation submitted to a court by a prosecutor
Competent to stand trial
A finding by the court that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding

36. The Arraignment and the Plea
The first appearance of the defendant before the court that has the authority to conduct a trial
Two purposes
To once again inform the defendant of the specific charges
To allow the defendant to enter a plea
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37. The Arraignment and the Plea
The defendant's formal answer to the charge

38. Plea Bargaining Plea bargaining
The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case
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39. Plea Bargaining
The vast majority of all criminal cases are eventually resolved through a negotiated plea.
After a guilty plea has been entered, it may be withdrawn with the consent of the court.