1. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 1 The Courts: Structure and Participants CHAPTER 9

2. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 2 The United States has courts on both the federal and state levels. This dual system reflects the state’s need to retain judicial autonomy separate from the federal government. Most criminal cases originate within state courts. America’s Dual Court System

3. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 3 Jurisdiction The jurisdiction of a court refers to those cases in which it may exercise lawful authority  Determined by statute or constitution

4. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 4 Federal Court System

5. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 5 A Typical State Court System

6. 6 2009 Pearson Education, Inc The State Court System

7. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 7 Early Court Systems Each colony had its own court system.

8. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 8 Early Court Systems By 1776 all colonies had fully functioning courts, but there was a lack of “trained” lawyers.

9. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 9 Original vs. Appellate Jurisdiction 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. …may be over a specific geographic area or over particular types of cases. Appellate Jurisdiction …the lawful authority of a court to review a decision made by a lower court.

10. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 10 Federal Judiciary Act of 1789 3-Tier Model for Court System  Trial courts of limited jurisdiction  Trial courts of general jurisdiction  Appellate courts

11. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 11  Many differences among state courts.  Most use the three-tiered structure. - Trial courts of limited jurisdiction - Trial courts of general jurisdiction - Appellate courts  The court reform movement continues today, seeking to simplify and unify court structures. State Court Systems Today

12. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 12 State Trial Courts  Where criminal cases “begin.”  Bail hearings  Arraignments  Enters pleas  Conducts trials  Sentences  Two types of trial courts:  Courts of limited, or special, jurisdiction (lower courts)  Courts of general jurisdiction

13. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 13 State Trial Courts: Courts of Limited Jurisdiction Authorized to hear:  Misdemeanors  Family disputes  Traffic violations  Small claims

14. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 14 State Trial Courts: Courts of Limited Jurisdiction Lower courts:  Rarely hold jury trials  Do not maintain detailed records of proceedings (just charge, plea, finding, and sentence)  Less formal than higher courts

15. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 15 State Trial Courts: Courts of General Jurisdiction Also called: high courts, circuit courts, or superior courts. Formal courts that make full use of juries, witnesses, prosecutors, defense attorneys, and other actors. Authorized to hear:  Any criminal case  Lower court appeals  Trial de novo

16. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 16 Adversarial Process …pits the interests of the state, represented by prosecutors, against the accused, represented by defense counsel, in a process constrained by procedural rules specified in law and by tradition.

17. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 17 State Appellate Courts  39 states have intermediate and high-level appellate courts (courts of last resorts).  All states have supreme courts.

18. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 18 Appeals  Appeals are requests by a defendant to a higher court asking it to review the actions of a lower court.  Some cases (involving death penalty or life sentences) are automatically appealed.

19. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 19 Appeals: The Process  Appellate court reviews transcripts from lower trial courts and may allow for lawyers from both sides to make oral arguments.

20. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 20 Appeals: The Results  Most convictions are confirmed.  Some decisions are reversed and cases remanded.  Recourse may be to a state supreme court.  Generally, state supreme court is the court of last resort.

21. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 21 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. Appeals: Moving to the Federal System

22. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 22 State Court Administration State Court Administrators manage the operational functions of the court.

23. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 23 Dispute Resolution Centers  Offer a way to resolve disputes without a formal hearing  Over 200 programs nationwide  Frequently staffed by volunteers  May or may not be run by the courts  Central feature of restorative justice

24. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 24 Community Courts  Low level courts focusing on quality- of-life crimes that erode neighborhood morale  Emphasize problem solving rather than punishment  Build on restorative principles such as community service and restitution

25. 25 2009 Pearson Education, Inc The Federal Court System

26. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 26 Article III, Section 1 “One Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.” The Federal Court System Established by the U.S. Constitution

27. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 27 Article III, Section 2  Federal courts have jurisdiction over cases arising under the Constitution, federal law, and treaties.  Federal courts settle disputes between states and have jurisdiction in cases where one of the parties is a state. Jurisdiction of Federal Courts

28. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 28 Three Levels of Courts  U.S. Supreme Court  U.S. Courts of Appeals  U.S. District Courts Structure of Federal Court System

29. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 29 U.S. District Courts  There are 94 judicial districts  At least 1 district court per state  District courts in Puerto Rico, the District of Columbia, and other U.S. Territories

30. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 30 U.S. District Courts …the trial courts of the federal system …original jurisdiction over all cases involving alleged violations of federal statutes

31. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 31 District Court Judges  There are 650 district court judges.  Appointed by the President and confirmed by the Senate  Serve for life  District court judges are assisted by magistrate judges, who:  Conduct arraignments  Set bail  Issue warrants  Try minor offenders

32. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 32 U.S. Courts of Appeal: Circuit Courts  There are 13 U.S. Courts of Appeals  The 94 judicial districts are organized into 12 regions (circuits), each with 1 Circuit Court.  The Federal Circuit has 1 U.S. Court of Appeals.

33. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 33 U.S. Circuit Courts of Appeal

34. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 34 U.S. Courts of Appeal: Circuit Courts  167 appeals court judges on the 12 regional courts  Review cases on appeal from U.S. district courts and trial-level federal courts  Have mandatory jurisdiction over decisions of appealed district court cases

35. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 35  The Constitution guarantees a right to appeal.  A defendant’s right to appeal, however, has been interpreted to mean the right to one appeal.  Therefore, the U.S. Supreme Court does not hear every appeal by defendants dissatisfied with the decision of a federal appeals court. Right to Appeal

36. 36 2009 Pearson Education, Inc U.S. Supreme Court

37. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 37 U.S. Supreme Court  The U.S. Supreme Court consists of nine justices:  Eight Associate Justices  One Chief Justice  17-Chief Justice  Justices are nominated by the President, confirmed by the Senate, and serve for life.

38. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 38 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.

39. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 39 Formally established Court’s power of judicial review. The U.S. Supreme Court 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)

40. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 40 Jurisdiction of the U.S. Supreme Court Original jurisdiction  Limited  Reserved for disputes between states and some cases of attorney disbarment Appellate jurisdiction  Reviews the decisions from U.S. Courts of Appeals and state supreme courts

41. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 41 U.S. Supreme Court: Appeals  Of 5,000 annual requests for review, only about 200 are heard.  Four justices must vote in favor of a hearing for a case to be heard.  Usually the Court only reviews cases that involve a substantial federal question.  The Court issues a writ of certiorari to a lower court.  The Court reviews transcripts and hears brief oral arguments.

42. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 42 Supreme Court decisions are rarely unanimous. Types of opinions:  Majority—Justices agree in outcome and reasoning. This is the opinion of the court.  Concurring—Agree with outcome, but for different reasons.  Dissenting—Disagree with outcome. Opinions of the Court

43. 43 2009 Pearson Education, Inc The Courtroom Work Group: Professional Courtroom Actors

44. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 44 Courtroom Participants Professional (Courtroom Work Group)  Judge  Prosecuting attorney  Defense attorney  Bailiff  Court reporter  Clerk of the court  Expert witnesses Non-Professional (Outsiders)  Lay witnesses  Jurors  Defendant  Victim  Spectators  Press

45. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 45  The Court Process  The Judge  The Prosecutor  The Public Defender/Defense Attorney Videos

46. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 46 Brady v. Maryland (1963) U.S. Supreme Court held that the prosecution is required to disclose to the defense any exculpatory evidence in its possession that directly or indirectly relates to claims of either guilt or innocence. Disclosure of Evidence

47. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 47 U.S. v. Bagley (1985) The Court ruled that prosecution must disclose any evidence in its possession that the defense requests. To withhold evidence, even when it does not directly relate to issues of guilt or innocence, may mislead the defense into thinking that such evidence does not exist. Disclosure of Evidence

48. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 48 Three Major Categories of Defense Counsel 1. Private attorney (retained counsel)  Have their own legal practices or work for law firms  Fees can be high 2. Court-assigned counsel (assigned counsel)  Lawyers drawn from a roster of all practicing attorney  Fees are paid at a rate set by the government 3. Public defender  Relies on full-time salaried government staff

49. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 49 The Court required that states provide defense counsel for those defendants who are unable to employ their own counsel and are charged with a capital offense. Powell v. Alabama (1932)

50. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 50 U.S. Supreme Court established the right of indigent offenders to have legal counsel appointed for them in all federal cases. Johnson v. Zerbst (1938)

51. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 51 This case extended the right to appointed counsel for indigents in all felony cases. Gideon v. Wainwright (1963)

52. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 52 The U.S. Supreme Court extended the right of indigent offenders to have legal representation in any case where they could lose their liberty (including misdemeanor cases). Argersinger v. Hamlin (1972)

53. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 53 The U.S. Supreme Court extended the right to legal counsel for juveniles charged with a delinquent act. In re Gault (1967)

54. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 54 Defendants in state courts who are facing relatively minor charges must be provided with an attorney at government expense even when they face only the slightest chance of incarceration. Alabama v. Shelton (2002)

55. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 55 Criticisms relate to funding, caseload, and quality of defense. Criticisms of Indigent Defense System

56. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 56 Expert Witness Expert witnesses have special knowledge and skills in an established profession or technical area. Usually, this person is paid to testify. Unlike lay witnesses, they may express opinions and draw conclusions in their testimony.

57. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 57  Non-expert witnesses are called lay witnesses. They may be:  Eye witness  Character witness  Victim  Lay witnesses are subpoenaed to testify to that which they have direct knowledge of. Lay Witness