1. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 1 The Courts

2. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 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. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 3 Federal Court System

4. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 4 Jurisdiction The jurisdiction of a court refers to those cases in which it may exercise lawful authority.  Determined by statute or constitution

5. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 5 The State Court System

6. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 6 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 (i.e Superior Courts). California has 58 counties. Appellate Jurisdiction …the lawful authority of a court to review a decision made by a lower court. (i.e. District Court of Appeal)

7. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 7 Calif. has a three-tiered structure. - Superior Court, trial court of general jurisdiction - Court of Appeal - State Supreme Court Court Consolidation Act (Eliminated municipal and justice courts.) State Court Systems Today

8. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 8 State Trial Courts  Where criminal cases “begin.”  Arraignments  Bail hearings  Enters pleas  Conducts trials  Sentences

9. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 9 State Trial Courts: Courts of General Jurisdiction Also called: high courts, circuit courts, or superior courts. New York they are called Supreme Courts. (I don’t know why.) Formal courts that make full use of juries, witnesses, prosecutors, defense attorneys, and other actors Authorized to hear:  Any criminal case  Lower court / administrative hearing appeals  Trial de novo

10. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 10 Adversarial Process Trial courts of general jurisdiction operate under the 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.

11. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 11 State Appellate Courts Most state appellate systems consist of intermediate and high level appellate courts.  All states have supreme courts.  39 states have intermediate level appellate courts, (includes Calif.).

12. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 12 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 are automatically appealed. Calif.: Automatic appeal to the Supreme Court.

13. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 13 Appeals: The Process  Appellate court reviews transcripts from lower trial courts and may allow for lawyers from both sides to make oral arguments.

14. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 14 Appeals: The Results  Most convictions are confirmed.  Some decisions are reversed and cases remanded.  Recourse may be to appeal up to the state supreme court.  Generally, the state supreme court is the court of last resort.

15. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 15 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

16. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 16 “A respondent is entitled to a federal evidentiary hearing [only] if he can show cause for his failure to develop the facts in the state court proceedings and actual prejudice from that failure...” “It is hardly a good use of scarce judicial resources to duplicate fact-finding in federal court merely because petitioner has negligently failed to take advantage of opportunities in state court proceedings.” Keeney v. Tamayo- Reyes (1993)

17. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 17 Evidence of innocence is no reason for a federal court to order a new trial if constitutional grounds are lacking. “Where a defendant has been afforded a fair trial and convicted of the offense for which he was charged, the constitutional presumption of innocence disappears.” Herrera v. Collins (1993)

18. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 18 State Court Administration State court administrators manage the operational functions of the court. Typically, they are not lawyers. They are not judges.

19. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 19 State Court Administrator’s Duties Prepare, present, oversee court system’s budget Analyze case flow and determine allocation of personnel and how to streamline cases Gather and present statistics Serve as liaison between legislators and court Develop and coordinate funding requests Manage court personnel (promotions, benefits) Coordinate plans to train judges and other personnel Assign judges to judicial districts Review payments to counsel for indigent defendants

20. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 20 The Federal Court System

21. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 21 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

22. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 22 Article III, Section 2  Federal courts are to have jurisdiction over cases arising under the Constitution, federal law, and treaties.  Federal courts are to settle disputes between states and to have jurisdiction in cases where one of the parties is a state. Jurisdiction of Federal Courts

23. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 23 Three Levels of Courts  U.S. Supreme Court  U.S. Courts of Appeals  U.S. District Courts Structure of Federal Court System

24. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 24 U.S. District Courts  There are 94 judicial districts.  At least one district court per state  District courts in Puerto Rico, the District of Columbia, and other U.S. Territories

25. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 25 U.S. District Courts …the trial courts of the federal system …original jurisdiction over all cases involving alleged violations of federal statutes Includes “speeding tickets” in federal parks.

26. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 26 District Court Judges  There are 650 district court judges.  Appointed by the President and confirmed by the Senate  Serve for life  Assisted by magistrate judges, who:  Conduct arraignments  Set bail  Issue warrants  Try minor offenders

27. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 27 U.S. Courts of Appeal: Circuit Courts There are 12 U.S. Courts of Appeals, also called “Circuit Courts.”  Review cases from lower-level federal courts  Each court has at least six judges, one of whom is the chief justice.  These courts have mandatory jurisdiction over district court decisions.

28. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 28 U.S. Circuit Courts of Appeal

29. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 29  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

30. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 30 U.S. Supreme Court

31. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 31 U.S. Supreme Court  The U.S. Supreme Court consists of nine justices:  Eight Associate Justices  One Chief Justice  Justices are nominated by the President, confirmed by the Senate, and serve for life.

32. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 32 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.

33. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 33 U.S. Supreme Court: Appeals  Of 5,000 annual requests for review, only about 200 are heard. (On a good year.)  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.

34. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 34 Writ of Certiorari … a writ issued from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case.

35. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 35 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

36. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 36 Pretrial Activities

37. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 37 Pretrial Activities Several activities take place before a trial can begin:  First appearance  Pretrial release and bail  The grand jury  The preliminary hearing  Arraignment and plea

38. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 38 First Appearance Defendants are brought before a judge and:  Formally notified of the charges  Advised of their rights  Given the opportunity to retain a lawyer or have one appointed to represent them  May be afforded the opportunity for bail

39. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 39 First Appearance …must be held “without unnecessary delay.” Based on McNabb v. U.S. (1943), the standard is 48 hours. …may include a probable cause hearing, if arrests were made without a warrant.

40. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 40  Most defendants are given the opportunity for pretrial release.  Pretrial release decisions consider risk of flight or nonappearance in court and risk to public safety. Decisions focus on:  Seriousness of pending charges  Prior record  Information about the defendant  Available supervisory options if released Pretrial Release

41. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 41  The most common pretrial release mechanism is bail, the posting of a bond as a pledge that the accused will return for court proceedings.  Bail serves two purposes: 1.Helps ensure reappearance of the accused in court 2.Prevents un-convicted persons from suffering imprisonment unnecessarily. Pretrial Release

42. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 42 Used by the federal government and about half of the states, grand juries:  Are made of private citizens (usually 23).  Hear evidence only from prosecutors.  Are held in secret, and generally the defendant is not there.  Serve as filters to eliminate cases without sufficient evidence.  Move a case forward if the majority of grand jurors vote on an indictment. Grand Juries

43. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 43  Arraignment is the first appearance before the court with authority to try the case.  Two purposes: Inform suspect of specific charges Allow defendant to enter a plea  Types of pleas: Guilty Not guilty Nolo contendere Not guilty by reason of insanity Arraignment

44. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 44 States that do not use grand juries rely on preliminary hearings:  They give the defendant an opportunity to challenge the legal basis of his/her detention.  A judge or magistrate summarizes the charges and reviews the rights of criminal defendants.  Competency to stand trial may be determined.  They have many of the same characteristics as a trial but lesser standard of proof. (Probable Cause) Preliminary Hearing

45. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 45 Plea Bargaining …the process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case. Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case. “Evil Necessity.”

46. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 46 Plea Bargaining  Negotiated pleas are guilty pleas and result in conviction.  Some surveys have found that 90% of all criminal cases prepared for trial are eventually resolved through a negotiated plea.  After a guilty plea has been entered, it may be withdrawn only with the consent of the court.