1. Chapter 8 Courts, Prosecution, and the Defense

2. Overview  Abstract Goals of the Court System  Provide for an open and impartial forum for seeking the truth  Provide for a fair and equitable hearing using regulated rules  Insure that the process takes place in an atmosphere of legal competence and objectivity  Provide a clear legal outcome

3. Overview (cont.)  The courts are often a scene where an atmosphere exists to “work things out” among the participants.  The use of plea negotiations and other nonjudicial alternatives to “work things out” is more common than a formal trial process.  Discretion sometimes results in disparity  Funding problems

4. The Criminal Court Process Criticisms of the Courts  Overcrowded dockets  Assembly-line justice  Too many inducements to plead guilty  Too few jury trials  Speedy trials are unattainable

5. The Criminal Court Process  State Courts  Every state has its own court system  No two are alike  Variety of cases ranging from homicide to property maintenance

6. The Criminal Court Process (cont.)  Courts of Limited Jurisdiction  About 13,500 exist  Organized at municipal or county level  Restricted in types of cases they hear  May be restricted to civil or criminal cases  Dispose of minor cases; may do preliminary activities for some felonies  Sentencing options restricted

7. The Criminal Court Process (cont.)  Specialty Courts  Juvenile, family & probate courts  Courts to combat specific problems  Drug courts  Mental health courts

8. The Criminal Court Process (cont.)  Courts of General Jurisdiction  Around 2,000 in the U.S.  Hear serious felony cases  Civil cases with damages over a specified amount  Appeals from lower courts  Review of transcript  Trial de novo

9. The Criminal Court Process (cont.)  Appellate Courts  Each state has at least one level of appellate courts.  Highest state court, usually called the “State Supreme Court”  Court reconsiders a case that has been tired in order to determine whether the measures used complied with accepted rules of criminal procedure and were in line with constitutional doctrines  Appeal is not a new trial  Can order a new trial, allow defendant to go free, or uphold original verdict

10. Federal Courts  Federal Courts  Legal basis for these courts found in Article 3, sec. 1, of U.S. Constitution  Jurisdiction over laws of U.S. and treaties  Maritime jurisdiction  Over controversies between 2 or more states  3-tiered hierarch of court jurisdiction  U.S. District Courts  U.S. courts of appeals  U.S. Supreme Court

11. Federal Courts (cont.)  U.S. District Courts  Trial courts of the federal system  Organized by Congress in the Judicial Act of 1789  Jurisdiction over violations of federal law, i.e. civil rights violations, interstate transportation of stolen vehicles and kidnappings  May hear inter-state lawsuits or cases where federal government is a party to the suit  Jurisdiction may overlap that of state courts

12. Federal Courts (cont.)  U.S. Courts of Appeals  Organized into 13 judicial circuits  Hear 40,000 appeals from district courts each year  Empowered to review federal and state appellate court cases when there is a federal issue present  Do not retry the case or review the facts – only matters of procedure and substance of the law  Current attempts to limit the right of appeal

13. Federal Courts (cont.)  The U.S. Supreme Court  Nation’s highest appellate body – court of last resort for all cases tried in federal and state courts  Only federal court created by Constitution  Nine justices appointed for life by the President with approval of Congress  Court has discretion to choose which cases it will hear

14. Federal Courts (cont.)  Supreme Court Process  Most cases (90%) are brought to the court by using a writ of certiorari  Four of the nine justices must vote to hear the case  If the Court decides to hear a case, it reviews legal briefs and may hear oral arguments  May decide to affirm or reverse the decision of the lower court  Decisions become precedent

15. Federal and State Court Caseloads  State courts handle about one hundred million new cases each year including:  20 million civil and domestic cases  15 million criminal cases  2 million juvenile cases  57 million traffic and ordinance violations

16. Federal and State Court Caseloads (cont.)  Federal courts even though smaller, are equally burdened  Over 320,000 cases filed each year in District Courts  Criminal cases increased 55% since 1994  Circuit Courts hear more than 60,000 appeals per year  In 1969 they heard only 10,000 appeals

17. Federal and State Court Caseloads (cont.)  Causes of Court Congestion  Rapidly increasing populations outpace growth in court system  Aggressive attempts to lower crime rate result in more prosecutions  Complexity of the law and advances in technology  Legal reform efforts may require more trials  Frivolous lawsuits

18. The Judiciary  Primary duty is to oversee the trial process  Ensures appropriate conduct  Settles questions of evidence and procedure  Guides questioning of witnesses  Responsible for guiding the jury  Decides case when a jury is not used (bench trial)  Determines the sentence

19. The Judiciary (cont.)  Judicial Functions  Extensive control over probation officers and court clerk  Exerts influence over police and prosecutors  Decisions may shape social policy

20. The Judiciary (cont.)  Judicial Qualifications  Qualification vary by state  Typical qualifications are:  Resident of the state  Between 25 and 70 years of age  Member of state bar licensed to practice law  Lower courts may not require law degree

21. The Judiciary (cont.)  Judicial Selection Systems  Appointment  Popular election  Nonpartisan election  Missouri Plan  Judicial nominating commission  Appointed by governor from commission’s list  Retention election

22. The Prosecutor  The Prosecutor  May be called district attorney, county attorney, state’s attorney, or U.S. attorney depending on the level of government and jurisdiction  Responsible for representing the public in criminal trials  Around 2,400 state court prosecutors offices  Employ 65,000 attorneys, investigators and support staff

23. The Prosecutor (cont.)  General Duties  Provide advice to law enforcement officers during investigations  Represents the state during pretrial plea negotiations, motions, evidence, and bail hearings  Represents the state at other hearings, criminal trials and appeals  Legal advisor to county commissioners and other elected officials  Implementation of special programs

24. The Prosecutor (cont.)  Types of Prosecutors  U.S. Attorneys – appointed by the President  Federal prosecutors are professional civil service employees  State & county levels, attorney general and district attorney are chief prosecutorial officers  Political appointees

25. Prosecutorial Discretion  Prosecutorial Discretion  Exercises great deal of discretion  Decides whether to file charges – attempt to screen out weak cases  May drop charges during the process nolle prosequi  May leave decision to charge someone with minor crime primarily to police discretion

26. Prosecutorial Discretion (cont.)  Legal Issues Influencing Prosecutorial Discretion  Quality of police work and amount of relevant evidence  Seriousness of offense  Defendant’s prior arrest record  Danger to community  Victim Issues Influencing Prosecutorial Discretion  Attitude and behavior of the victim  Reluctance of victim to press charges

27. Prosecutorial Discretion (cont.)  Extra Legal/Resource Issues Influencing Prosecutorial Discretion  Offenders’ race, gender, and ethnicity  Cost of the prosecution to the system  Availability of alternatives  Interest group’s influence causes to focus on particular types of offenses  Fear of losing case – political ramifications

28. Prosecutorial Discretion (cont.)  The Role of Prosecutorial Discretion  Can prevent unnecessarily rigid implementation of criminal law  Humanize operation of criminal justice system  Too much discretion can lead to abuse

29. Judicial Selection Systems (cont.)  Types of Prosecutorial Misconduct  making disruptive statements in court  failure to adhere to sentence recommendations pursuant to a plea bargain  represented a criminal defendant currently under prosecution  making public statements harmful to the office  withholding evidence  using power in vindictive manner to punish defendants who insist on exercising their constitutional rights

30. The Defense Attorney  Integral part of adversarial system  Required to uphold integrity of the legal profession  Must observe ABA Code to provide zealous defense within boundaries of law

31. The Defense Attorney (cont.)  Courts do not require assistance of counsel for accused in:  Pre-indictment lineups  Booking procedures  Grand jury investigations  Appeals beyond first review  Disciplinary proceedings in correctional institutions  Post-release revocation hearings

32. The Right to Counsel  Legal Services for Indigents  Gideon v. Wainwright  Argersinger v. Hamlin  Public defender systems  Assigned counsel systems  Contract systems  Private attorneys  Most do not practice criminal law  Debate over effectiveness of private attorneys versus attorneys provided by state

33. The Competence of Defense Attorneys  Strickland v. Washington  Inadequate counsel  Refuse to meet with client  Fail to cross-examine witnesses  Fail to investigate case  Poor advice to client  Conflict of interest between codefendants’ counsel

34. Court Administration  Administrative Office Act, 1939  States have been slow to apply court management principles  All states now have some form of court administration

35. Court Administration (cont.)  Computers allow courts to fulfill many functions more efficiently  Maintain case history and statistical reporting  Monitor and schedule cases  Prepare documents  Index cases  Issues summonses  Notify witnesses, attorneys, and others of required appearances  Select and notify jurors  Prepare and administer budgets

36. Court Administration (cont.)  Developing Areas of Court Technology  Communications  Videoconferencing  Evidence presentation  Case management  Internet utilization  Information sharing