1. The Court System

2. The American Court Structure
The U.S. has a dual court system.
dual court
One system of state and local courts and another system of federal courts.

3. The American Court Structure
The court’s jurisdiction is set by law and limited by territory and type of case.
jurisdiction
The authority of a court to hear and decide cases.

4. The Federal Courts
The authority for the federal court system is in the Constitution. The system includes:
The Supreme Court
The federal courts of appeals
The federal district courts

5. United States District Courts
Trials in federal district court are usually heard by a judge.
General trial courts
Federal criminal cases involve:
Bank robbery
Counterfeiting
Mail fraud
Kidnapping
Civil rights abuses

6. Circuit Courts of Appeals
A party that loses a case in district court may appeal to a federal circuit court of appeals, or in some cases, directly to the U.S. Supreme Court.

7. Circuit Courts of Appeals
Circuit courts of appeals review a case for errors of law, not of fact.
Normally, three judges sit as a panel to hear cases. Jury trials are not allowed.
West Virginia, Virginia, North Carolina, and South Carolina are in Circuit 4

8. The United States Supreme Court
Court of last resort in all questions of federal law and U.S. Constitution.
The court may hear cases:
Appealed from federal courts of appeal.
Appealed directly from federal district courts.
Appealed from the high court of a state, if claims under federal law or the Constitution are involved.

9. The United States Supreme Court
The U.S. Supreme Court is composed of:
A chief justice
Eight associate justices
Each member of the court is appointed for life by the president and affirmed by the Senate.

10. The United States Supreme Court
In order for a case to be heard by the Supreme Court, at least four justices must vote to hear the case.

11. The United States Supreme Court
When the court decides a case, it can:
Affirm the decision of the lower court and “let it stand.”
Modify the decision of the lower court, without totally reversing it.
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12. The United States Supreme Court
Reverse the decision of the lower court, requiring no further court action.
Reverse the decision of the lower court and remand the case to the court of original jurisdiction, for either retrial or resentencing.

13. The State Courts
The state courts have general power to decide nearly every type of case.
There are generally four levels of state courts:
Trial courts: District Court: one per county
Probable cause hearings for felony cases, all domestic relations cases, and civil cases involving amounts of $10,000 or less.
Trial courts: Superior Court: 39 Judicial Districts
General jurisdiction trial court for the state & civil cases involving amounts over $10,000.
Court of appeals:12 judges sit in panels of 3 judges
State Supreme Court:Chief Justice & 6 associate justices
Always hears constitutional questions. Also hears when requested by the state in criminal cases; where delay could case harm.

14. Key Actors in the Court Process
The three key actors in the court process are:
The prosecutor
The defense attorney
The judge

15. The Prosecutor
The prosecutor is a powerful actor in the administration of justice. Prosecutors have the authority to:
Decide whether to charge or not charge a person with a crime
Decide whether to prosecute or not prosecute a case
Determine what the charge will be

16. The Decision to Plea-Bargain
Probably the most strategic source of power available to prosecutors is their authority to decide which cases to plea bargain.
Justice in America is dispensed mostly through plea bargaining.

17. The Defense Attorney
The Sixth Amendment to the Constitution guarantees the right to the “effective assistance” of counsel. Defendants have a right to counsel during many stages in the criminal justice process

18. The Defense Attorney
A defendant may waive the right to counsel and appear on his or her own behalf.
In the American system of justice, the role of defense counsel is to provide the best possible legal counsel and advocacy within the legal and ethical limits of the profession.

19. The Court-Appointed Lawyer
In some circumstances, defendants who cannot afford a lawyer are provided with a court-appointed, private attorney.
If they are paid at all, court-appointed private attorneys are paid a nominal sum.
Many are not knowledgeable in criminal law.

20. The Public Defender
In many large jurisdictions, people who cannot afford an attorney are provided with public defenders.

21. The Judge
Judges have a variety of responsibilities in the criminal justice process:
Determining probable cause
Signing warrants
Informing suspects of their rights
Setting and revoking bail
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22. The Judge Arraigning defendants Accepting guilty pleas
In some jurisdictions, managing their own courtrooms and staff
Allowing the jury a fair chance to reach a verdict on the evidence presented

23. Lower State Courts
Local Court in small towns are called Justice Court and the judge is called a justice of peace.
Local Courts in larger towns are called magistrate courts. They handle minor cases as traffic violations or disturbing the peace. They can also handle civil cases less than $1,000.
Judges are elected by the public in a general election.
State Supreme Court Judges are elected for an 8 year term.

24. Bail and Other Methods of Pretrial Release
A bail bond or bail allows suspects or defendants to remain free while awaiting the next stage in the adjudication process.
It is not a fine, but an incentive to appear.

25. bail bond or bail
Usually a monetary guarantee deposited with the court that is supposed to ensure that the suspect or defendant will appear at a later stage in the criminal justice process.

26. Bail and Other Methods of Pretrial Release
The amount of bail generally depends on:
The likelihood that the suspect or defendant will appear in court as required
The seriousness of the crime
The suspect’s prior criminal record
Jail conditions and overcrowding

27. Bail and Other Methods of Pretrial Release
If a judge believes that a suspect or defendant would pose a threat to the community, the judge can refuse to set bail.

28. Bail and Other Methods of Pretrial Release
For people who cannot afford to post bail, professional bonds people are available to post it for them for a nonrefundable fee, typically 10% of the required amount.
Suspects who post their own bail get it all back after they appear.

29. Bail and Other Methods of Pretrial Release
When the crime is minor and suspects or defendants have ties to the community, they are generally released on their own recognizance.

30. Bail and Other Methods of Pretrial Release
Other nonfinancial releases are:
Conditional release
Unsecured bond

31. conditional release unsecured bond
A form of release that requires that a suspect/defendant maintain contact with a pretrial release program or undergo regular drug monitoring or treatment.
unsecured bond
An arrangement in which bail is set but no money is paid to the court.

32. Grand Jury
The alternative to filing an information is a grand jury. Used for felony cases.

33. grand jury
Generally a group of 12 to 23 citizens who meet in closed sessions to investigate charges coming from preliminary hearings or to engage in other responsibilities. A primary purpose of the grand jury is to determine whether there is probable cause to believe that the accused committed the crime or crimes.

34. Grand Jury
Before appearing before a grand jury, the prosecutor drafts an indictment.
indictment
A document that outlines the charge or charges against a defendant.

35. Grand Jury
Because the grand jury has to determine only probable cause:
Only the prosecution’s evidence and witnesses are heard
In most jurisdictions, the defendant does not have a right to be present
Prosecutors are allowed to present hearsay or illegally obtained evidence

36. Grand Jury
In addition, prosecutors have the authority to subpoena witnesses.

37. Grand Jury
In practice, the grand jury system is criticized for merely providing a rubber stamp for whatever the prosecutor wants to do.
Suspects waive the right to a grand jury hearing in about 80% of cases.

38. Plea Bargaining
Justice in the U.S. is dispensed mostly through plea bargaining. There are three basic types of plea bargains:
The defendant may be allowed to plead guilty to a lesser offense.
A defendant who pleads guilty may receive a lighter sentence.
A defendant may plead guilty to one charge in exchange for the prosecutor’s promise to drop another charge.

39. Plea Bargaining
The bargain a prosecutor will strike generally depends on three factors:
The seriousness of the offense
The defendant’s criminal record
The strength of the prosecutor’s case

40. Plea Bargaining
There is neither a constitutional basis nor a statutory basis for plea bargaining.
Plea bargaining developed out of custom, but has been upheld by the Supreme Court.

41. Plea Bargaining
Plea bargaining is widely used because of several factors:
It reduces uncertainty in the criminal justice process.
It serves the interest of the participants
Prosecutors get high conviction rates.
Judges reduce their caseload.
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42. Plea Bargaining
Defense attorneys spend less time on each case and avoid expensive trials.
Defendants get lighter sentences than they might have gotten from juries, and can avoid conviction on stigmatizing crimes such as child abuse.

43. Review Questions
Congress has two houses. One house has a membership based on population to address the needs of the large states. In the other house, each state has two votes to address the needs of smaller states. This is an example of which concept?
a. Amendment b. Compromise
c. Freedom d. Treaty
“The person was appointed to bring the opposing sides together, to provide an atmosphere in which both sides could express their opinions and could respond to one another.” What is the person described in the statement called?
a. A mediator b. an entrepreneur
c. An economist d. A manager

44. What does the policy of “innocent until proven guilty” mean?
a. The accused must prove innocence
b. The trial must be held quickly
c. The burden of proof is on the prosecutor
d. The state must have DNA to prove guilt
What is due process?
a. A condition of slavery
b. A search order
c. The right to vote
d. Fair action by the government

45. Answers to Review Questions
Congress has two houses. One house has a membership based on population to address the needs of the large states. In the other house, each state has two votes to address the needs of smaller states. This is an example of which concept?
a. Amendment b. Compromise
c. Freedom d. Treaty
“The person was appointed to bring the opposing sides together, to provide an atmosphere in which both sides could express their opinions and could respond to one another.” What is the person described in the statement called?
a. A mediator b. an entrepreneur
c. An economist d. A manager

46. Answers to Review Questions
What does the policy of “innocent until proven guilty” mean?
a. The accused must prove innocence
b. The trial must be held quickly
c. The burden of proof is on the prosecutor
d. The state must have DNA to prove guilt
What is due process?
a. A condition of slavery
b. A search order
c. The right to vote
d. Fair action by the government