1. Chapter 7 Courts, Prosecution, and the Defense

2. Learning Objectives
Be familiar with the role of the court in the justice process.
Recognize the varying structures of state and federal court systems.
Describe the selection and duties of prosecution.
Discuss the role and duties of prosecutors.
Be familiar with the pros and cons of prosecutorial discretion.

3. Learning objectives
Understand the role of the defense attorney in the justice process.
Discuss the different forms of indigent defense.
Debate the pros and cons of private attorneys.
Be familiar with the expanding role of technology in the court process.

4. State Courts Each state has its own No two are alike
Deal with variety of cases ranging from homicide to property maintenance

5. Courts of limited jurisdiction Courts Of General Jurisdiction
State Courts
Types of State Courts
Courts of limited jurisdiction
Specialized Courts
Courts Of General Jurisdiction
Appellate Courts

6. Model of a State Judicial System

7. Courts of Limited Jurisdiction
Organized at a municipal or county level
Restricted in the types of cases they hear
Sentencing options are restricted
Includes specialized courts

8. Courts of General Jurisdiction
Serious felony cases and civil cases with damages over a specified amount

9. Appellate Courts Each state has at least one level of appellate court
Reconsiders a case that has been tried in order to determine whether the measures used complied with accepted rules of criminal procedure and were in line with constitutional doctrines

10. Federal Courts Jurisdiction:
U.S. laws and treaties
Maritime
controversies between 2 or more states
There is a 3-tiered hierarchy of court jurisdiction
U.S. District Courts
U.S. Courts of Appeals
U.S. Supreme Court

11. The Federal Judicial System

12. U.S. District Courts The trial courts of the federal system
Jurisdiction over violations of federal law
Inter-state lawsuits or cases where federal government is a party to the suit
Jurisdiction may overlap that of state courts

13. U.S. Court of Appeals
Review federal and state appellate court cases when there is a federal issue present
Does not retry the case or review the facts – only matters of procedure and substance of the law

14. The U.S. Supreme Court The nation’s highest appellate body
Court of last resort for all cases tried in federal and state courts
Nine justices appointed for life by the President with approval of Congress
Discretion to choose which cases it will hear

15. The Judge and the Justice System
Primary duty - oversee the trial process
Decides case in bench trials
Determines the sentence (except in capital cases)
Informal roles:
Good relations with court working group
Discretion guided by legal requirements
Personal sense of justice in sentencing
Exert influence over police and prosecutors

16. Judicial Qualifications and Selection
Federal Judge
Appointed by the President with advice and consent of Senate
U.S. Magistrate Judge
Appointed by district court judges

17. Judicial Selection Systems
Appointment
Popular election
Nonpartisan election
Missouri Plan

18. The Prosecutor Represents the public in criminal trials
Advises law enforcement during investigations
Acts as legal advisor to elected officials

19. Types of Prosecutors
U.S. Attorney
Federal Prosecutor
Attorney General

20. Prosecutorial Discretion
Great deal of discretion
Decision Options
Go forward and charge the defendant to court
Nolle prosequi
Negotiate Plea bargain

21. Factors Influencing Prosecutorial Discretion
Legal
Victim
Extralegal
Resource

22. Prosecutorial Ethics
Obligation is to seek justice and convict guilty

23. Prosecutorial Misconduct
Includes:
Making disruptive statements in court
Failing to adhere to sentence recommendations after a plea bargain
Representing a criminal defendant currently under indictment in a private manner
Making public statements harmful to the office of the district attorney
Withholding evidence that may exonerate a defendant

24. The Defense Attorney
Counterpart of prosecuting attorney in criminal process
Accused has constitutional right to counsel (6th Amendment)
If defendant is indigent, public defender may be assigned by court
Must uphold integrity of the legal profession
Must observe ABA Code and provide zealous defense within boundaries of law

25. The Right to Counsel Sixth Amendment provides for counsel at trial
Legal services for poor:
Gideon v. Wainwright
Argersinger v. Hamlin

26. Types of Defense Attorneys
Public Defender
Assigned Counsel
Contract Counsel
Private Attorney

27. The Competence of Defense Attorneys
Inadequate/incompetent counsel would involve:
Refuse to meet with client
Fail to cross-examine witnesses
Fail to investigate case
Poor advice to client
Misjudge admissibility of evidence
Conflict of interest between co-defendants’ counsel

28. Court Administration
States have been slow to apply court management principles
All states now have some form of court administration

29. Using Technology in Court Management
Maintain case history and statistical reporting
Monitor and schedule cases
Prepare documents
Index cases
Issues summonses
Notify witnesses, attorneys, etc., of required appearances
Select and notify jurors
Prepare and administer budgets

30. Developing Areas of Court Technology
Communications
Videoconferencing
Evidence presentation
Case management
Internet utilization
Information sharing
Cameras in court