1. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Courts CHAPTER 7

2. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The United States has a dual court system, with courts on both the federal and state levels. America’s Dual Court System

3. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Jurisdiction: … the territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution.

4. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Original 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. The authority may be over a specific geographic area or over particular types of cases.

5. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Appellate Jurisdiction: … the lawful authority of a court to review a decision made by a lower court.

6. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Early American Court Systems

7. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Early Court Systems 1629 Massachusetts Bay Colony General Court served as the legislature as well as the court.

8. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Massachusetts Bay Colony General Court Functions:Consisted of: made laws held trials imposed sentences Governor Deputy Governor 18 assistants 118 elected officials

9. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Massachusetts Bay Colony By 1639, the colony had grown substantially in population, and the colonists had migrated out from Boston.

10. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Massachusetts Bay Colony To respond to growth, county courts were established in the outlying areas. The General Court became a court of appeal.

11. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Pennsylvania 1700s “Every man could serve as his own lawyer.”

12. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Pennsylvania Common Peacemakers They served as referees in disputes. The decision of the peacemaker was binding.

13. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Pennsylvania Common Peacemakers The system lasted until 1766. It was somewhat similar to today’s “dispute resolution centers.”

14. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Early Court Systems Prior to 1776 All colonies had fully functioning courts. There was a lack of “trained” lawyers.

15. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Early Court Systems Prior to 1776 Most colonies restricted the number of lawyers allowed to practice. Between 1695 and 1769, New York allowed only 41 lawyers to practice law.

16. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Federal Judiciary Act of 1789 3 Tier Model for Court System trial courts of limited jurisdiction trial courts of general jurisdiction appellate courts

17. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Court Systems

18. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Trial Courts Lower Trial Courts Lower trial courts are where cases “begin.” Some states refer to them as “magistrate’s courts.” Pleas are entered. Bail may be set. A trial is conducted if case is minor.

19. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Courts System

20. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Florida Courts System

21. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Trial Courts Lower Trial Courts Authorized to hear: misdemeanors family disputes traffic violations small claims

22. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Trial Courts Lower Trial Courts rarely hold jury trials no transcripts do not maintain detailed records of cases

23. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Trial Courts State trial courts maintain records only on: charge plea finding sentence

24. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Trial Courts Trial Courts of General Jurisdiction also called superior courts can hear any type of criminal case often provide first level of appellate review

25. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Trial Courts Trial Courts of General Jurisdiction If a court hears a case on appeal from a lower court, it has a new trial called “trial de novo.” A new trial is necessary because there are no transcripts from lower trial courts.

26. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Trial Courts Trial Courts of General Jurisdiction: Adversarial Process State and defendant become combatants. Prosecutor represents the state while the defense counsel represents the accused.

27. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Trial Courts Appellate Courts court of appeals in 39 states state supreme court in all 50 states

28. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Trial Courts Appellate Courts does not conduct a new trial reviews transcripts from lower trial courts when considering an appeal affirms most lower court convictions

29. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Trial Courts: Appellant/Appellee Appellate Courts Appellant: The side initiating the appeal. Appellee: The side opposed to the appeal.

30. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Supreme Court It is considered the court of “last resort” at the state level. State Trial Courts

31. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Supreme Court Cases can be appealed to the U.S. Supreme Court if they are based on a claimed violation of the defendant’s rights as guaranteed under federal law or the U. S. Constitution. State Trial Courts

32. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Appellate Cases U.S. Supreme Court ruled: “A respondent is entitled to a federal evidentiary hearing [only] if he can show cause for his failure to develop the facts in the state-court proceedings.” Keeney v. Tamayo- Reyes (1993)

33. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Appellate Cases Justice Byron White wrote: “It is hardly a good use of scarce judicial resources to duplicate fact-finding in federal court merely because petitioner has negligently failed to take advantage of opportunities in state court proceedings.” Keeney v. Tamayo- Reyes (1993)

34. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Appellate Cases Evidence of innocence is no reason for a federal court to order a new trial if constitutional grounds are lacking. Herrera v. Collins (1993)

35. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Appellate Cases Herrera was on Texas death row at the time. Herrera v. Collins (1993)

36. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Appellate Cases “Where a defendant has been afforded a fair trial and convicted of the offense for which he was charged, the constitutional presumption of innocence disappears.” Herrera v. Collins (1993)

37. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Court Administrators New Jersey – 1948 – first state court administrator appointed prepare, present, oversee budget of state court system direct state court personnel and evaluate personnel for promotion

38. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Court Administrators serve as liaison to state legislature collect and publish court statistics analyze flow of cases, assess backlogs

39. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Court Administrators assign judges to judicial districts develop training programs for judges

40. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Dispute Resolution Centers first programs – early 1970’s Community Assistance Project in Chester, PA Night Prosecutor Program in Rochester, NY

41. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Dispute Resolution Centers Currently there are over 200 programs nationwide. The intent is not to assign blame, but to resolve disputes. The centers work closely with the justice system. Some believe that these programs can reduce the load facing the nation’s courts.

42. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Federal Courts

43. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Article III, Section 1 “One Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.” U.S. Federal Courts Established by the U.S. Constitution

44. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Article III, Section 2 Federal courts are to have jurisdiction over cases arising under the Constitution, federal law, and treaties. Federal courts are to settle disputes between states and to have jurisdiction in cases where one of the parties is a state. U.S. Federal Courts

45. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Federal Courts Three Types/Levels of Courts U.S. Supreme Court U.S. Courts of Appeals U.S. District Courts

46. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Federal Courts U.S. District Courts lowest level of federal court authorized by Congress as part of the Judiciary Act of 1789

47. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Federal Court System

48. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Circuit Courts of Appeal

49. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Federal Courts U.S. District Courts There are 94 U.S. District Courts. Each state has at least one district court.

50. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Federal Courts U.S. District Courts District courts are also located in: Puerto Rico The District of Columbia U.S. Territories (Guam, Virgin Islands, and Northern Mariana Islands)

51. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Federal Courts U.S. District Courts U.S. district courts are considered the trial courts of the federal system. District courts are primarily courts of “original jurisdiction.” There are 650 district court judges. Federal judges are appointed by the President and confirmed by the Senate. They serve for life.

52. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Federal Courts Magistrate Judges assist federal judges 369 full-time magistrate judges 110 part-time magistrate judges Responsibilities include: conducting arraignments setting bail issuing warrants trying minor offenders

53. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 2000 – 62,745 criminal cases and 259,517 civil cases were filed in U.S. District Courts. U.S. Federal Courts

54. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Courts of Appeal often referred to as “circuit courts.” review cases on appeal from U.S. district courts and U.S. Tax Court 167 appeals court judges

55. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Courts of Appeal 12 regional courts 1 U.S. Court of Appeals for the Federal Circuit  Established in 1982  Resulted from merger of: The U.S. Court of Claims The U.S. Court of Customs and Patent Appeals

56. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Courts of Appeal Hear appeals from the following courts: U.S. Court of Federal Claims U.S. Court of International Trade U.S. Court of Veterans Appeals

57. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Courts of Appeal Hear appeals from the following courts: International Trade Commission Board of Contract Appeals Patent & Trademark Office Merit Systems Protection Board

58. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Constitution guarantees a right to appeal. A defendant’s right to appeal, however, has been interpreted to mean the right to one appeal. U.S. Courts of Appeal

59. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Therefore, the U.S. Supreme Court does not hear every appeal by defendants dissatisfied with the decision of a federal appeals court. U.S. Courts of Appeal

60. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Supreme Court

61. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Supreme Court The U.S. Supreme Court consists of nine justices, eight of whom are referred to as Associate Justices. The ninth justice presides over the Court as the Chief Justice.

62. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Supreme Court Supreme Court Justices: are nominated by the President are confirmed by the Senate serve for life

63. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Supreme Court Chief Justice: William Rehnquist (appointed Jan. 1972; elevated to Chief Justice Sept. 1986) Associate Justices: John Paul Stevens (appointed Dec. 1975) Sandra Day O’Conner (appointed Sept. 1981) Antonin Scalia (appointed Sept. 1986) Anthony Kennedy (appointed Feb. 1988) David Souter (appointed Oct. 1990) Clarence Thomas (appointed Oct. 1991) Ruth Bader Ginsberg (appointed Aug. 1993) Stephen Breyer (appointed Aug. 1994)

64. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Supreme Court The U.S. Supreme Court has limited original jurisdiction. It does not conduct trials except in disputes between states and some attorney disbarment. It reviews the decisions of lower courts. Four justices must vote in favor of a hearing for a case to be heard.

65. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Supreme Court The Court issues a “writ of certiorari” to a lower court. Usually the Court only reviews cases that involve a substantial federal question. Of 5,000 annual requests for review, only about 200 are heard.

66. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Writ of Certiorari: … a writ issued from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case. In some instances, this writ is a mechanism for discretionary review.

67. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Judicial Review: … the power of a court to review actions and decisions made by other agencies of government. It is probably the U.S. Supreme Court’s greatest power.

68. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Judicial review The U.S. Supreme Court forcefully asserted its power of judicial review. Chief Justice John Marshall established the Court’s authority as final interpreter of the U.S. Constitution by declaring “it is emphatically the province of the judicial department to say what the law is.” Marbury v. Madison (1803)

69. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 While judicial review was not explicit in the U.S. Constitution, it was anticipated by its framers. Alexander Hamilton, in the Federalist Papers, wrote that through judicial review, the Court should ensure that the “will of the people” would be supreme over the “will of the legislature.” Judicial Review

70. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Criminal Judicial Process

71. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Criminal Judicial Process

72. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Pretrial Activities first appearance pretrial release and bail the grand jury the preliminary hearing arraignment and plea

73. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State and Federal Defendants Released Prior to Trial

74. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 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.

75. CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Corrections Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case. Some surveys have found that 90% of all criminal cases prepared for trial are eventually resolved through a negotiated plea.