1. Courts and Criminal Justice in America CHAPTER Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Who Controls the Courts? 2

2. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Legislative Control Congress has the power to create courts and define jurisdiction  Assigns judgeships, sets judicial salaries, and confirms prospective judges  Direct control – constitutionally authorized  Indirect control – e.g. confirming judicial appointees, setting judiciary’s budget

3. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Legislative Control Jurisdiction  Jurisdiction: the power of a court to resolve a dispute (direct control Geographical jurisdiction Subject matter jurisdiction Hierarchical jurisdiction Original jurisdiction Appellate jurisdiction

4. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Legislative Control Federal Jurisdiction: The U.S. Supreme Court has original jurisdiction  Federal question jurisdiction Revisit Tennessee v. Garner  Diversity jurisdiction e.g. Texas company sues Mexican company  Supplemental jurisdiction In conjunction with federal question jurisdiction

5. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Legislative Control State Jurisdiction: Original or appellate jurisdiction  Cannot hear cases that fall under federal jurisdiction as previously defined  Generally deal with criminal or civil lawsuits  Can have geographic jurisdiction, subject matter jurisdiction, limited jurisdiction

6. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Legislative Control Direct Controls  Legislative bodies can Create courts Set rules Limit Jurisdiction

7. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Legislative Control Indirect Controls  Confirmations – Federal level Presidential nomination Senate Majority Increased politicization of the process  Budgeting – Federal level Congress sets budget, appropriates funds

8. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Executive Control Appointments  The President appoints federal judges Executive Participation in the Courts  Activities of the Department of Justice  U.S. Marshal and protection of federal courthouses and judges  Adjudication of administrative law disputes

9. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from Above Jurisdictional Authority  The authority of higher courts to issue decisions that are binding on the lower courts within their jurisdiction. e.g. an appellate court may reverse a lower court’s decision  Lower courts have developed creative methods of adapting to higher court decisions

10. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from Above Rule-Setting  Every court is part of an administrative structure Trial courts fall under the state administrative office of the courts State administrative agencies set various rules and guidelines the lower courts must follow Same process at the federal level with the Administrative Office of the U.S. courts

11. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from Above Interpreting Higher Court Decisions  Judges have enormous discretion Federal judges are protected by lifetime employment State judges enjoy protection if the electorate is satisfied Results in judges taking liberty in interpreting and applying higher court decision

12. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from Above The Importance of Interpretation  Brown v. Board of Education “all deliberate speed” “prompt and reasonable start toward full compliance with the ruling”  Katz v. United States and Horton v. Goose Creek Independence School District “reasonable expectation of privacy”

13. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from Above Methods of Dealing with Higher Court Decisions  Lower court resistance to higher court decisions generally comes in two forms: Ignoring the higher court’s decision altogether Implementing a higher court’s decision “sparingly”

14. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the People Features of Democracy  Supreme authority in the people through feely elected representatives  Equality of rights and privileges  Open government  Due process protections

15. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the People People Seek to Control Through  Voter behavior  Public participation  Interest group formation

16. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the People Voting  Elections can be a powerful tool to exert a measure of popular control over the courts Election of judges – direct Election of executives who select judges to serve on higher courts – indirect

17. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the People  Election of Judges State level; most often for lower courts Do elected judges behave differently when they are elected versus appointed?

18. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the People Executive Elections  Gives voters indirect influence over the judiciary A Republican or Democratic President will likely appoint federal judiciary who share similar views to their own No guarantee that executives will appoint judges who share the voter’s belief  No way to predict the judge’s behavior after appointment e.g. Earl Warren and David Souter

19. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the People Public Participation  Helps ensure judiciaries do not become excessively powerful  The Sixth Amendment requires trials to be open to the public Promotes transparency and openness Technological era allows even easier access

20. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the People Interest Groups  Can have considerable influence throughout government Their mission is to influence political decisions and policy Monetary contribution, wining and dining legislators, sharing information and providing services to their members e.g. the National Rifle Association and Victims’ advocacy groups

21. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the People  American Bar Association  American Civil Liberties Union  American Correctional Association  American Council for Drug Education  American Society for Industrial Security  Brady Center to Prevent Gun Violence  Children’s Defense Fund  Drug Policy Alliance  Families against Mandatory Minimums  International Association of Chiefs of Police  Law Enforcement against Prohibition  Mothers against Drunk Driving Interest Groups are Active in Criminal Justice as Well

22. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the People Amicus Curiae Briefs  “friend of the court” A written document that seeks to persuade a court to decide in a particular way  Commonly filed on behalf of various interest groups Easiest way for interest groups to get involved in cases No guarantee a judge will agree; but have proven to be successful

23. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the Legal Profession Professional Associations  American Bar Association  Approximately 400,000 members (roughly half the attorneys in the U.S.  law school accreditation  professional training for attorneys  legal information  initiatives to improve the legal system  programs to assist lawyers and judges with their work

24. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the Legal Profession  American Bar Association  Also an interest group  The Standing Committee on the Federal Judiciary

25. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the Legal Profession  State Bar Association  Tests aspiring lawyers with “bar exams”  Provides training, information and policy recommendations  Supplies evaluations of judicial candidates to assist governors  Sponsor legislation and review bills

26. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from the Legal Profession Think Tanks  National Center for State Courts Research Division identifies trends and recent developments; researches effective practices Offers recommendations and “best practices”  Center for Court Innovation Non-profit think tank that sparks problem-solving innovation locally and nationally

27. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from Within Judicial Restraint and Activism  Judges bring emotional baggage, political beliefs, agendas and biases to the bench  Judicial restraint is the philosophy of limiting decision to the facts of each case Judges will often try to interpret the Constitution or defer to precedent

28. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Control from Within  Judicial activism is when judges avoid precedent and make decisions with sweeping implications for the future Kyllo v United States