1. The Courts: Structure and Participants9
The Courts: Structure and Participants

2. American Dual Court System
Federal court system
Federal courts
U.S. courts of appeal
U.S. Supreme Court
State court system
Trial courts
Appellate courts
State supreme court

3. The State Court System Jurisdiction
The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution

4. The State Court System 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
The authority may be over a specific geographic area or over particular types of cases

5. The State Court System Appellate jurisdiction Trial courts
The lawful authority of a court to review a decision made by a lower court
Trial courts
State appellate court
The court authorized by law to hear the final appeal on a matter

6. The State Court System Dispute resolution centers
Informal hearing places designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court

7. The State Court System Community court
A low-level court that focuses on quality-of-life crimes that erode a neighborhood’s morale
Community courts emphasize problem solving rather than punishment
Build on restorative principles such as community service and restitution

8. The State Court System Specialized court
A low-level court that focuses on relatively minor offenses and handles special populations or addresses special issues such as reentry

9. The Federal Court System
U.S. District Courts
Trial courts of the federal court system
Includes bankruptcy court
During 2012, 75,290 criminal cases and
285,260 civil cases were filed in U.S. district courts
Administrative Office of the U.S. Courts, “U.S. District Courts—Criminal Cases Commenced, Terminated, and Pending during the 12-Month Periods Ending March 31, 2011 and 2012,”

10. The Federal Court System
U.S. Court of Appeals
Hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies
Usually fall into three categories:
Frivolous
Ritualistic
Nonconsensual

11. The Federal Court System
U.S. Supreme Court
Greatest authority lies in its capacity for judicial review of lower-court decisions and state and federal statutes
Writ of certiorari
Issued to a lower court when the supreme court agrees to hear a case
There are approximately 5000 requests for cases to be heard each year, and the court will hear about 200

13. The Courtroom Workgroup
Judge
Prosecution
Defense counsel
Bailiff
Clerk of Court
Stenographer or court reporter
Expert witnesses

14. Judges Ensure justice Elected or appointed public official
Responsibilities:
Ruling on most matters of the law
Weighing objections
Deciding the admissibility of evidence
Sentencing offenders
Disciplining disorderly courtroom attendees
Deciding guilt or innocence for bench trials

15. Judges Federal Judges State Judges Nominated by President
Confirmed by Senate
State Judges
Popular election
Gubernatorial appointment
Missouri Plan

16. Prosecution Prosecutor State has the burden of proof
An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses
State has the burden of proof

17. Prosecution Responsibilities include: Prosecutorial discretion
Supervise staff of assistant district attorneys
Serve as quasi-legal advisor to police
File appeals on behalf of the state
Make presentations to parole boards
Prosecutorial discretion
Exculpatory evidence

18. Defendant Generally must be present at their trials
Defendants exercise choice in:
Selecting and retaining counsel
Planning a defense strategy with counsel
What information is provided to counsel
What plea to enter
Whether or not to testify
If convicted, should they appeal

19. Defense Counsel
A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law

20. Defense Counsel Three systems: Assigned counsel Public defender
Contractual arrangements

21. Defense Counsel Responsibilities: Represents the accused
Ensure the defendant’s civil rights are not violated during the criminal justice process
Participates in plea negotiations
Prepares a defense
Calls witnesses

22. Courtroom Participants
Lay witness
Eyewitness, character witness, or other person called on to testify who is not considered an expert
Provides accurate testimony concerning only those things of which he or she has direct knowledge

23. Victims Victim assistance programs Victim impact statements
Offer services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law
Victim impact statements
The Justice for All Act of 2004

24. Courtroom Participants
Juries
1215 Magna Carta
Article III of the United States Constitution
6th Amendment guarantees the right to trial by impartial jury in the United States
Juror
A member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law