Introduction to Criminal Justice

Chapter 8

What is a court?

• Place where “arguments” get settled• Court applies the law to the argument at

hand• Courts’ legitimacy to describe these issues

based on:– Impartiality (Fair?)– Independent (No outside factors will influence

decision)

Does court have authority to decide a case?

• Jurisdiction: In Latin—”To speak the law”• Definition: The authority of a court to hear

and decide cases within an area of the law or geographic territory.

Two types of jurisdiction

• Subject matter : Can the court rule on the type of issue presented?

• Geographic : Can the court exercise authority over the specific area involved? (State, county, other)

• Criminal court can only address crimes committed within its geographic area

Jurisdiction of the courts

• Court of general jurisdiction: No restrictions on the subject matter they can address. – Can handle serious felonies– Example: State trial courts

• Courts of limited jurisdiction: Can handle only a specific category of crime– Such as misdemeanors, civil matters, less than a

certain dollar amount– Example: Associate District Courts in Iowa

• Special subject matter courts: Drug courts, domestic violence courts

Trial Courts

• Have original jurisdiction; or “courts of first instance”

• Original jurisdiction: Can take a case from beginning and handle it all the way through process

• Primarily concerned with questions of fact• Determines what events occurred relevant to

guilt of offender

Appellate Courts

• Reviews actions of trial courts• Only reviews cases appealed by one side• Does not use juries or hear witnesses• Considers only the written record of trial,

written arguments (briefs), and oral arguments

• They do not determine guilt or innocence• Accepts facts as found by trial court

Appellate Courts

• Only decides if trial court applied the law correctly

• Review manner in which facts and evidence were given to the jury

• Can reverse or overturn the trial courts decisions

Dual Court System• A compromise when the U. S. Constitution was

enacted in 1791• Anti-Federalists wanted the Supreme Court to be

the only national court with nearly all power to state courts

• Federalists wanted all cases heard in federal courts

• Constitution set up:– Federal courts---to hear violations of federal law– State courts---to hear all state law violations

Distribution of Cases Between the Two Court Systems

• A number of crimes are violations of both state and federal law

• Examples: Drug crimes, Possession of Firearm by a Felon, Kidnapping

• Persons accused of these crimes could be prosecuted in federal or state court

• State and federal prosecutors decide who will prosecute, based on:– Notoriety– Penalties (most frequently)– Relative caseloads

State court systems

• Lower courts, or courts of limited jurisdiction (Associate District Court, Magistrates’ Courts, Justice of the Peace)---Less formal

• Trial courts, of general jurisdiction– County Court, District Court, Superior Court– Many types of subject matter

• State courts of appeals– Intermediate courts of appeals– Supreme Court (highest court in state on all

state law questions)

State Courts

• The appellate court’s judgment may approve or affirm lower court’s ruling

• Reversal and remand – Or the appellate court may find mistakes were made and the case must be tried over (reversed) and returned (remanded) to the trial judge, along with instructions about how to proceed

Federal courts structure

• U. S. District Courts---Trial courts of general jurisdiction

• In Iowa—2 Federal courts, northern and southern

• U. S. Courts of Appeals---(13 intermediate courts of appeals) Iowa is in the 8th Circuit

• U. S. Supreme Court---Highest court in the nation

Federal Courts---Appellate Courts

• The Federal Circuit hears appeals in cases from the U.S. Court of Customs and Patent Appeals, U.S. Court of Federal Claims, U.S. Court of International Trade, the International Trade Commission, the Board of Contract Appeals, the Patent and Trademark Office, the Merit Systems Protection Board, appeals from decisions of the Secretaries of Agriculture and Commerce

U. S. Supreme Court

• Reviews very small number of cases• Decisions often have significant effect on people’s

lives• Examples:

– Gideon v. Wainwright (Representation by counsel)– Miranda v. Arizona (Custodial interrogation)– Furman v. Georgia (Death penalty unconstitutional)– Gregg v. Arizona (Spelled out rules for enforcing

death penalty)

U. S. Supreme Court

• Exercises judicial review---Decides whether a law violates constitution

• Interprets meaning of the law in certain situations (Like Miranda case)

• Nearly all work is on appeals---Circuit courts, state supreme courts

• Rare situations where it has original jurisdiction

How do cases reach Supreme Court?

• No right of appeal to Supreme Court• Less than 100 cases heard yearly• By writ of certiorari, court requests record

of lower court for review• At least 4 of the 9 justices must agree to

hear the case• Question asked: Does the case involve a

“substantial federal question?”

Procedures in Supreme Court

• Does not generally hear evidence (testimony)

• Attorneys make oral arguments (unique) 30 minutes allowed per side

• Justices discuss case (confidential) & vote• Issue written opinion• Chief Justice writes it, if in majority

Procedures in Supreme Court

• If Justice disagrees, may write dissenting opinion, which includes his legal reasoning

• If Justice agrees with outcome of decision, but disagrees with reasoning, may issue concurring opinion

• These opinions do not set precedent (law), but are often later referenced for their reasoning

Role of judges in the court system

• Most judges work at trial court (lower court) level

• Have much discretion in legal proceedings• Prior to trial, acts as negotiator (plea

agreements, bail)

Role of judge during trial

• Assure legal procedures are complied with• Rules whether evidence will be admitted• Instructs the jury regarding the law• Decides what sentence to impose, if

defendant is convicted– Not jury

What is evidence?

• Testimony---Statements from individuals (live, affidavits, taped)

• Physical evidence---guns, bloody shirt (glove)

• Documentary evidence---check, motel receipt

• CSI---Exaggerated

Judge as an administrator

• Manages the scheduling of court cases (docket)

• Decides whether to grant requests for delays (continuances)

• Manages court employees and handles budgets

Federal Judges

• Appointed by President of U. S.• Approved by the U. S. Senate---Can be

controversial• Lifetime appointment• Significant power in constitutional issues

Small Group – 5 points

• Do you believe Federal Judges should be appointed (by President) or elected by the public? Why?

• How about the U. S. Supreme Court?

• What are some of the dangers of having elected Supreme Court Justices?

Selection of state judges (varies widely)

• Partisan (Democrats vs. Republicans) elections in some states

• Non-partisan elections---have to run for office, but not as a party

• Missouri Plan (Iowa uses)---Reform plan– Committee submits 3 names of candidates– Governor selects– After one year, and periodically thereafter,

voters decide whether to retain

Ethics of judges

• Public demands judges administer justice• Law requires them to follow procedures• Example---When exclusionary rule requires

them to ignore evidence of crime• Traditionally, judges behavior has not been

regulated

Ethics of judges

• 1920’s---First Code of Judicial Conduct• To prevent conduct that would reduce

integrity and impartiality• Aimed at preventing judicial misconduct:

Acts which diminish public confidence in the judiciary by—– Illegal acts (bribery)– Conduct giving the “appearance of

impropriety” (associating with felons)

Courtroom work group

• Judge---dominant figure• Prosecutor---(County Attorney) Represents the

government• Defense Counsel---(Private, or Public Defender)

Represents defendant• Clerk of court---Maintains records of proceedings• Bailiff---Maintains security• Court reporter---Records proceedings verbatim

Judge is the key decision maker in court

• Some “run a tight ship” (Hussein trial)• Others---Allow more freedom to attorneys

(Anna Smith case, O. J.)• Have different reputations (“tough on crime,”

vs. sympathetic) • Some lawyers will try to “judge shop”—

Federal court prohibits that• P. 206---”Discipline judge”---Inaccurate

Individual Exercise

• Make a list of

words you think

of when you hear

the word “lawyer.”

Prosecutor---Crime fighter

• Lawyers who represent the state and initiate and conduct criminal cases against defendants

• County Attorney, State’s Attorney, District Attorney, Prosecuting Attorney (State level)

• Elected official---Partisan• Determines which cases will be taken to court• Very powerful position in criminal justice system,

particularly during the pretrial process—Why?

United States Attorney

• Federal prosecutor in each federal court• Appointed by the President (Partisan

position)• Prosecutes all federal crimes in federal

judicial district

Prosecutor’s Role

• To seek justice, not merely convict– To present the state’s case against the defendant – Iowa – 99 county attorneys (Who in Polk?)– Elected officials for four years– Larger areas has assistant county attorneys who do

most of the trial/court room work– Quasi-legal advisor to local police, corrections, and

other agencies– Can guide police in investigations

Prosecutor’s Role

• Prosecutorial Discretion: – Determine the charge to be filed (Duke Lacrosse)– To determine to file a single or multiple charges– Can decide to reduce charges– Drop charges– Accept a plea bargain– Divert a suspect out of the system– Dismiss a case– Sentencing recommendations

Defense counsel

• Represents defendant in all criminal proceedings (6th amendment right), including:– Pretrial and Preliminary Hearings (Bail)– Trial (or plea negotiations)– Sentencing– Appeals

• Private Attorney—paid for by defendant• Public Defender (or appointed counsel)---paid for

by government (most cases)• Which would you rather have?

Defense Counsel Role

• To represent the accused – To ensure the defendant’s civil rights are not

violated– Test the strength of the state’s case– Take part in the plea negotiations– Prepare an adequate defense– Prepare appeal– Counsel defendant’s family

Defense counsel requirements

• State must provide attorney for indigents (Gideon case)

• Juveniles also must have counsel when facing imprisonment

• Outcome of case not affected by public vs. private attorney (surprising)

• Attorney-client privilege protects communications

Public Defenders

• Greatly overburdened on workloads• Some states have decreased funds for public

counsel• Some defense counsel---Gives incentive to do the

least possible in each case• Strickland case---Supreme Court ruled if defense

counsel’s poor performance was likely the reason defendant was convicted, could be reversed by court.

• In Iowa---Well qualified professionals, providing a good defense