Schmalleger ch07 lecture

Criminal JusticeCriminal JusticeA Brief IntroductionA Brief Introduction

CHAPTER

Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved

Criminal Justice: A Brief Introduction, 11eFrank Schmalleger

ELEVENTH EDITION

The Courts

7



FIGURE 7-1 The Structure of the Federal Courts



History and Structure of the History and Structure of the American Court SystemAmerican Court System

• Federal Court System The three-tiered structure of the federal

courts, comprising U. S. district courts, U. S. courts of appeals, and the U. S. Supreme Court

continued on next slide




• State Court System A state judicial structure and most

states generally have at least three court levels.• Trial courts, appellate courts, and a state

supreme court




• Jurisdiction The territory, subject matter, or people

over which a court may exercise lawful authority



The State Court SystemThe 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

• Appellate Jurisdiction The lawful authority of a court to review

a decision made by a lower court



Development of State Court Development of State Court SystemsSystems

• The development of state courts Each of the original American colonies

had its own state court system. By 1776, all of the American colonies

had established fully functioning court systems.

• By the late 19th century, there was a tremendous increase in civil litigation and criminal arrests.





• State court systems developed by following one of several models: New York State Field Code of 1848 Federal Judiciary Act of 1789 Federal Reorganization Act of 1801





• States that followed the federal model developed a three-tiered structure: Trial courts of limited jurisdiction Trial courts of general jurisdiction Appellate courts



State Court Systems TodayState Court Systems Today

• A centralized court structure composed of a clear hierarchy of trial and appellate courts

• The consolidation of numerous lower-level courts with overlapping jurisdictions




State Court Systems TodayState Court Systems Today

• A centralized state court authority that would be responsible for budgeting, financing, and managing all courts within a state



State Trial CourtsState Trial Courts

• Trial courts of limited jurisdiction are also called lower courts. Authorized to hear only less serious

cases Rarely hold jury trials A detailed record of the proceedings is

not maintained.




State Trial CourtsState Trial Courts

• Trial courts of general jurisdiction are also called high courts, circuit courts, or superior courts. Authorized to hear any criminal case Also provide first appellate level for

courts of limited jurisdiction Trial de novo• Term applied to cases that are retried on

appeal



State Appellate CourtsState Appellate Courts

• There are intermediate appellate courts and high-level appellate courts.

• All states have supreme courts, but only 39 have intermediate appellate courts





• Appeal The request that a court with appellate

jurisdiction review the judgment Most states have automatic appeal on

death sentences or life in prison.





• Most convictions are affirmed on appeal.

• If the defendant wins the appeal, the verdict of the trial court is reversed and the case may be sent back for a new trial or remanded.

• Keeney v. Tamayo-Reyes (1992)• Herrera v. Collins (1993)





• National Center for State Courts (NCSC) An independent, nonprofit organization

dedicated to the improvement of the American court system





• Administrative Office of the United States Courts (AOUSC) Prepares the budget and legislative

agenda for the federal courts Compiles and publishes statistics



Dispute-Resolution Centers and Dispute-Resolution Centers and Community CourtsCommunity Courts

• Dispute-Resolution Center Informal hearing place designed to

mediate interpersonal disputes without resorting to a more formal arrangement of a criminal trial court




Dispute-Resolution Centers and Dispute-Resolution Centers and Community CourtsCommunity Courts

• Community Courts A low-level court that focuses on quality-

of-life crimes that erode neighborhoods' morale, that emphasize problem-solving rather than punishment



The Federal Court SystemThe Federal Court System

• Federal courts were created by the U. S. Constitution, Article III, Section 1.

• Federal courts consist of 3 levels: U. S. district courts U. S. courts of appeals U. S. Supreme Court



U. S. District CourtsU. S. District Courts

• The trial courts of the federal court system

• Handle both civil and criminal• 94 federal judicial districts, one in each

state• Drug prosecutions, especially in courts

located close to the U. S.-Mexico border, have led to considerable growth in the number of cases filed.



U. S. Courts of AppealU. S. Courts of Appeal

• There are 94 judicial districts, organized into 12 regional circuits.

• Often referred to as circuit courts




U. S. Courts of AppealU. S. Courts of Appeal

• Appeals generally fall into one of three categories: Nonconsensual Appeals Ritualistic Appeals Frivolous Appeals



FIGURE 7.3 Geographic Boundaries of the U.S. Courts of Appeal and U.S. District Courts



The U. S. Supreme CourtThe U. S. Supreme Court

• The Court's greatest authority lies in its capacity for judicial review. The power of the court to review actions

and decisions made by other agencies of government• Four justices must agree to hear a case.• Issue a writ of certiorari• 5000 request for review; only 200 are

actually heard



BailBail

• The most common release/detention decision-making mechanism in American courts

• Serves two purposes: Helps ensure reappearance of the

accused Prevents un-convicted persons from

suffering imprisonment unnecessarily




BailBail

• Bail bond A document guaranteeing the

appearance of a defendant in court as required



Alternatives to BailAlternatives to Bail

• Release on recognizance (ROR) The pretrial release of a criminal

defendant on his or her written promise to appear in court as required

No cash or property bond is required.




Alternatives to BailAlternatives to Bail

• Property bond The setting of bail in the form of land,

houses, stocks, or other tangible property

In the event that the defendant absconds before trial, the bond becomes the property of the court.



Pretrial Release and Public SafetyPretrial Release and Public Safety

• Pretrial release is a common practice.• Danger laws

A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community



The Grand JuryThe Grand Jury

• A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether or not there is sufficient evidence to bring the accused person to trial Hearings are held in secret. Defendant generally does not appear.




The Grand JuryThe Grand Jury

• A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether or not there is sufficient evidence to bring the accused person to trial No opportunity to cross-examine

prosecution witnesses



The Preliminary HearingThe Preliminary Hearing

• Preliminary hearing A proceeding before a judicial officer in

which three matters must be decided1. Whether a crime was committed2. Whether the crime occurred within the

territorial jurisdiction of court3. Whether there are reasonable grounds

to believe that the defendant committed the crime




The Preliminary HearingThe Preliminary Hearing

• Information A formal written accusation submitted to

a court by a prosecutor

• Competent to stand trial A finding by the court that the

defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding



The Arraignment and the PleaThe Arraignment and the Plea

• Arraignment The first appearance of the defendant

before the court that has the authority to conduct a trial

Two purposes1. To once again inform the defendant of

the specific charges2. To allow the defendant to enter a plea




The Arraignment and the PleaThe Arraignment and the Plea

• Plea The defendant's formal answer to the

charge



Plea BargainingPlea Bargaining

• 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 BargainingPlea Bargaining

• The vast majority of all criminal cases are eventually resolved through a negotiated plea.

• After a guilty plea has been entered, it may be withdrawn with the consent of the court.

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