1. Dr. Terry M. Mors, Ed.D. © 2010

2. Mors Copyright 2010 American Dual Court System 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.

3. Mors Copyright 2010 The Federal Court System

4. Mors Copyright 2010 A Typical State Court System

5. Mors Copyright 2010 Jurisdiction The jurisdiction of a court refers to those cases in which it may exercise lawful authority. Determined by statute or constitution

6. Mors Copyright 2010 The State Court System 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

7. Mors Copyright 2010 State Trial Courts: Courts of Limited Jurisdiction Trial courts of limited jurisdiction are also called lower courts. They are authorized to hear: Misdemeanors Family disputes Traffic violations Small claims

8. Mors Copyright 2010 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

9. Mors Copyright 2010 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

10. Mors Copyright 2010 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. Mors Copyright 2010 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.

12. Mors Copyright 2010 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.

13. Mors Copyright 2010 Appeals: The Process Appellate court reviews transcripts from lower trial courts and may allow for lawyers from both sides to make oral arguments.

14. Mors Copyright 2010 The Federal Court System Structure of Federal Court System Three Levels of Courts U.S. Supreme Court U.S. Courts of Appeals U.S. District Courts

15. Mors Copyright 2010 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

16. Mors Copyright 2010 U.S. Districts Courts …the trial courts of the federal system …original jurisdiction over all cases involving alleged violations of federal statutes

17. Mors Copyright 2010 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

18. Mors Copyright 2010 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 chief justice. These courts have mandatory jurisdiction over district court decisions.

19. Mors Copyright 2010 U.S. Circuit Courts of Appeal

20. Mors Copyright 2010 Right to Appeal 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.

21. Mors Copyright 2010 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.

22. Mors Copyright 2010 Justices of the U.S. Supreme Court JUSTICEENTERED DUTYVIEWS Chief Justice John G. Roberts, Jr. September 2005Conservative Sonia SotomayorAugust 2009Liberal Antonin ScaliaSeptember 1986Very conservative Anthony Kennedy February 1988Conservative Elena KaganAugust 2010Liberal Clarence ThomasOctober 1991Conservative Ruth Bader Ginsburg August 1993Moderate to liberal Stephen G. Breyer August 1994Moderate Samuel A. Alito, Jr. January 2006Conservative

23. Mors Copyright 2010 U.S. Supreme Court … 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.

24. Mors Copyright 2010 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.

25. Mors Copyright 2010 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.

26. Mors Copyright 2010 Opinions of the Court 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.

27. Mors Copyright 2010 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

28. Mors Copyright 2010 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 with the consent of the court.

29. Mors Copyright 2010 End/Questions?