1. Courts and the Judiciary Chapter 9

2. 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 Abstract Goals of the Courts

3. 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 Realities of the Criminal Court System

4. Setting for an adversarial process Defendant against the state Fair and formalized process Criminal procedure and rules of evidence Encourages settlement in the quickest and simplest way Prosecution, defense and judge form a work group Two Models of the Courts

5. Most organized at town, municipal or county level Referred to as the lower courts or misdemeanor courts Dispose of minor cases; may do preliminary activities for some felonies Sentencing options restricted Criminal Court Structure: The Lower State Courts

6. Overcrowded dockets Assembly-line justice Too many inducements to plead guilty Too few jury trials Speedy trials are unattainable Criticisms of the Courts

7. Creation of specialty courts that focus on one type of criminal act is growing in America. Rationale for specialty courts includes: To create expertise among the court staff regarding a recurring issue To create an environment where prompt resolution of an issue will be achieved Two types of specialty courts are: Drug Courts Mental Health Courts Specialized Courts

8. Controlled by state law Conducts preliminary activities and trials for felonies Conducts appeals from lower court (trial de novo) Felony Courts (Courts of General Jurisdiction)

9. Rights of appeal determined by law Appeal is not a new trial Review of previous trial for procedural errors May be two levels of appeals courts Order a new trial Allow defendant to go free Uphold (sustain) original verdict Appellate Courts

10. Highest state court Usually called the “State Supreme Court” Reviews issues of law and fact appealed from the trial courts State Court of Last Resort

11. Laws of the United States Treaties Admiralty and maritime law Controversies between two states Controversies between citizens of different states Legal Jurisdiction of the U.S. Courts

12. There are 94 District Courts Each state has at least one District Court Known as the federal trial court Jurisdiction is broadly defined Federal District Courts

13. There are 12 Courts of Appeal Usually located in major cities Appellate jurisdiction only Federal Appellate Courts (formerly U.S. Circuit Courts)

14. The court of last resort Nine members with lifetime appointments Has discretion to hear appeals (Rule of Four) Generally hear about 300 of 5,000 requested appeals annually Writ of Certiorari used to hear cases Rulings become precedents for lower courts U.S. Supreme Court

15. Excessive number of continuances Pretrial motions Mandatory sentencing Increases in civil litigation Court Caseloads: Causes of Congestion

16. Better court management Mandate speedy trials Unify state court structures Solutions for Congestion

17. Oversees conduct in the court Settles questions of evidence and procedure Guides questioning of witnesses Instructs the jury about law Decides case when a jury is not used (bench trial) Decides on sentence Duties of the Judiciary

18. Individualism Judicial independence Conflicting goals Court Management Problems

19. Qualifications vary by state Typical qualifications include: Resident of the state Licensed to practice law Member of the state bar association 25 years old or older Less than 70 years old Judicial Qualifications

20. Nominated by the President Confirmed by the U.S. Senate Lifetime appointments (“a period of good behavior”) Judicial Selection (Federal Courts)

21. The need for efficient management is growing in order to: Improve organizing and scheduling cases Develop methods for allocating court resources efficiently Better administer the system of fines and monies due the court Prepare fiscally sound budgets Oversee court personnel Court Administration

22. Communication Video conferencing Evidence presentation Case management Developing Areas of Court Technology