1. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Chapter 7 The Courts

2. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Learning Objectives Describe the development of the American court system Explain the concept of the dual-court system in America Identify some of the differences between the state and federal court systems List and explain the steps typically taken during pretrial activities Explain pretrial release Describe plea bargaining

3. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Rights of the Accused before the Court Individual Rights: Common law, constitutional, statutory, and humanitarian rights of the accused: –The right to a speedy trial –The right to legal counsel –The right against self-incrimination –The right not to be tried twice for the same offense –The right to know the charges –The right to cross-examine witnesses –The right against excessive bail

4. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Rights of the Accused before the Court Public Order: Individual rights must be effectively balanced against these community concerns: –Conviction of the guilty –Exoneration of the innocent –The imposition of appropriate punishment –The protection of society –Efficient and cost-effective procedures –Seeing justice done

5. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 American Courts There are many different kinds of courts in the United States. All levels dispense justice daily and work to ensure that all official actors in the justice system carry out their duties in recognition of the law. Hear author discuss the chapter.

6. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 American Court Structure Federal court system is: State court system is: The three-tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeals, and the U.S. Supreme Court. A state judicial structure. Most states have at least three court levels: generally, trial courts, appellate courts, and a state supreme court.

7. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Structure of the Federal Courts

8. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Structure of the State Courts

9. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Court Structure Jurisdiction refers to: Library Extra 7-1 The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution.

10. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The State Court System Following the American Revolution, colonial courts provided the organizational basis for the growth of state court systems. Original jurisdiction refers to: Appellate jurisdiction refers to: 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 lawful authority of a court to review a decision made by a lower court.

11. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Court Systems Today Many follow the federal Judiciary Act, 1789 –Trial courts of limited jurisdiction –Trial courts of general jurisdiction –Appellate courts Uniform model –A centralized court structure –The consolidation of numerous lower courts with overlapping jurisdiction –A centralized state court authority

12. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Trial Courts Trial courts of limited jurisdiction: –Lower courts –Are authorized to hear only less serious criminal cases, usually involving misdemeanors, or to hear special types of cases. –Rarely hold trials. –Rarely keep detailed records. –Are less formal.

13. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Trial Courts Trial court of general jurisdiction: –Superior or circuit courts –Are authorized to hear any criminal case. –Sometimes they are the first appellate level for lower courts. Trial de novo refers to: –Cases that are retried on appeal, as opposed to those that are simply reviewed on the record. –Operate with a fact-finding framework called the adversarial process.

14. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Appellate Courts Court of last resort refers to: Appeal refers to: Library Extra 7-2 The court authorized by law to hear the final appeal on a matter. The request that a court with appellate jurisdiction review the judgment, decision, or order of a lower court and set it aside (reverse it) or modify it.

15. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 State Court Administration State court administrator is: Typical tasks: –Budgeting for the state court system –Analysis of case flows –Collection and publication of statistics –Service and training Web Extras 7-1 and 7-2Web Extras 7-1 7-2 A coordinator who assists with case-flow management, operating funds budgeting, and court docket administration.

16. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Dispute−Resolution Centers and Community Courts Dispute−resolution center refers to: Community court refers to: Library Extra 7-3 Web Extra 7-3 An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court. A low-level court that focuses on quality-of-life crimes that erode a neighborhood’s morale, that emphasizes problem solving rather than punishment, and that builds on principles of restorative justice.

17. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Federal Court System Created by the U.S. Constitution, Article III, Section 1. Article III, Section 2 specifies that such courts are to have jurisdiction over cases arising under the Constitution, federal laws, and treaties. Magistrate’s Act of 1968 developed the magistrate judge position.

18. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. District Courts 94 federal judicial districts –650 district court judges –Appointed for life by the president and confirmed by the Senate –Additional 479 magistrate judges Original jurisdiction Library Extra 7-4

19. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Courts of Appeals Circuit courts 12 regional circuits –167 judges –Six or more judges per court Appointed for life by the president and confirmed by the Senate Hears appeals from the district courts located within the circuit

20. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Federal Judicial Circuits

21. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 U.S. Courts of Appeals Three categories of appeals: –Frivolous appeals have little substance, raise no significant new issues, and are disposed of quickly. –Ritualistic appeals are brought because of the demands of litigants, even though the probability of reversal is negligible. –Nonconsensual appeals entail major questions of law and policy. Library Extra 7-5

22. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The U.S. Supreme Court 8 associate justices, 1 chief justice Appointed for life by the president and confirmed by the Senate Judicial review refers to: Marbury v. Madison (1803) –Established the court’s authority as final interpreter of the U.S. Constitution The power of a court to review actions and decisions made by other agencies of government.

23. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Supreme Court Today Has limited original jurisdiction and appellate jurisdiction Hears disputes between states and attorney disbarment Hears cases from U.S. and state courts of appeals –Writ of certiorari orders the case records for review Hears 200 cases a year Web Extra 7-6 Library Extra 7-6

24. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Multiculturalism and Diversity The International Criminal Court –Created under the United Nations to try individuals who commit the most serious crimes of concern to the international community Wholesale murder of civilians, torture, mass rape –Web Extra 7-5Web Extra 7-5

25. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Pretrial Activities First (initial) appearance refers to: Brought before a judge to: –Be given formal charges. –Be advised of rights. –Be given the opportunity to retain a lawyer. –Be given bail. An appearance before a magistrate during which the legality of the defendant’s arrest is initially assessed and the defendant is informed of the charges.

26. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Pretrial Release Pretrial release refers to: Early intervention programs: –Gather and present information on defendants and about available release options. –Supervise defendants released for custody. –Library Extra 7-7Library Extra 7-7 The release of an accused person from custody, for all or part of the time before or during prosecution, upon his or her promise to appear in court when required.

27. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Proportion of State and Federal Felony Defendants Released before Trial

28. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Pretrial Release Initial pretrial release/detention decisions: –Seriousness of the current charge –Defendant’s prior criminal record –Information about the defendant –Available supervisory options

29. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Bail Bail is the most common release decision- making mechanism. Two purposes: –It ensures reappearance of the accused. –It prevents unconvicted persons from suffering imprisonment unnecessarily. Web Extra 7-7

30. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Alternatives to Bail Release on recognizance (ROR) Property bonds Deposit bail Conditional release Third-party custody Unsecured bonds Signature bonds

31. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Pretrial Release and Public Safety Pretrial release is common practice –62% of all state-level felony defendants –66% of federal felony defendants Danger law refers to: A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community.

32. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Grand Jury 23 private citizens who hear evidence by the prosecution. –Serves as a filter to eliminate from further processing cases without sufficient evidence. Held in secret No opportunity to cross-examine prosecution witnesses Votes on an indictment

33. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Preliminary Hearing It is a probable cause hearing to hold the defendant for trial. Competent to stand trial refers to: A finding by a court, when the defendant’s sanity at the time of trial is at issue, that the defendant has sufficient present ability to consult with an attorney and understands the proceedings.

34. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Arraignment With an indictment or information in hand, the accused will be formally arraigned. –The first appearance of the defendant before the court has the authority to conduct a trial. –Two purposes: Inform defendant of charges Allow defendant to enter a plea

35. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Plea Plea refers to: Three types of pleas: –Guilty –Not guilty –Nolo contendere The defendant’s formal answer in court to the charge contained in the complaint, information, or indictment.

36. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Plea Bargaining Plea bargaining refers to: Judges are required to: –Inform the defendant of the rights surrendered with a guilty plea. –Determine that the plea is voluntary. –Require disclosure of any plea agreements. –Make sufficient inquiry to ensure there is a factual basis for the plea. 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.