court structure and personnel chapter 9. the criminal court process overloaded court dockets have...

Court Structure and Personnel

Chapter 9

The Criminal Court ProcessOverloaded court dockets have given

rise to charges of “assembly-line justice” A majority of defendants are induced to

plead guilty Jury trials are rare The speedy trial is highly

desired but unattainable

State Court SystemsEach state maintains its own state

court organization and structure Common state courts include:

Limited jurisdiction courts General jurisdiction courts Appellate courts

State Court SystemsCourts of Limited Jurisdiction

Misdemeanor criminal infractions Violations of municipal ordinances Traffic violations Civil suits where the damages involve less

than a certain amount of money

State Court SystemsSpecialized Courts

What Makes Specialized Courts Different? Outcomes above process Judicial monitoring Informed decision making Collaboration Non-traditional roles Systemic change

State Court SystemsSpecialized Courts

Drug Courts Mental Health Courts Community Courts Domestic Violence Courts Gun Courts Other specialized courts

State Court SystemsA state of federal court that has

jurisdiction over felony offenses Each state has at least one court of last

resort, usually called a state supreme court State criminal appeals are heard in the

appellate courts and these courts review decisions by trial courts and administrative agencies before they reach the supreme court stage

A Model of a State Judicial System

Federal CourtsThere are three levels of courts in the

federal system:① U.S. District Courts② U.S. Courts of Appeal③ U.S. Supreme Court

The Federal Judicial System

Federal CourtsDistrict Courts

Trial courts of the federal system Civil rights Interstate transportation of stolen vehicles Kidnappings Citizenship Rights of aliens

Federal CourtsFederal Appeals Courts

Sometime referred to as U.S. circuit courts There are 13 of them Review federal and state appellate court

cases on substantive and procedural issues involving rights guaranteed by the Constitution

U.S. Circuit Map

Federal CourtsThe U.S. Supreme Court

Nation’s highest appellate body Appointed by the President Approved by Congress Only court established by the Constitution Decides important political and social

issues Shapes the future meaning of the

Constitution

Federal CourtsMost cases that come before the

Supreme Court involve significant federal questions, usually of a constitutional nature When the Supreme Court decides to hear

a case, it grants a writ of certiorari requesting a transcript of the proceedings of the case for review

For a writ to be granted, ordinarily 4 justices must agree to hear the case – this is known as the rule of 4

Federal CourtsWitten and oral arguments are then

heard In reaching a decision, the Supreme Court

reevaluates and reinterprets state statutes, the U.S. Constitution, and previous case decisions The Court either affirms

or reverses the decision of the lower court

Court CongestionState court systems now handle about

100 million new cases annually, which has led to significant delay and congestion Congestion is time-consuming and costly,

and delay can threaten the Sixth Amendment right to a speedy trial

Court CongestionReasons for Congestion

Increasing populations Aggressive prosecutions Complex law Reform efforts Civil litigation

The Judiciary Duties of the Judge

Rule on the appropriateness of conduct Settle questions of evidence and

procedure Guide the questioning of witnesses Instruct jurors Decide cases Sentencing

The Judiciary Other Judicial Functions

Probation Court clerk Court reporters Public defender District attorney’s office

The Judiciary Judicial Qualifications

Resident of the state Licensed to practice law Member of the state bar association At least 25 and less than 70 years of age Some municipal or town court judges do

not need law degrees

Judicial Salaries at a Glance

Thinking Point• Think of two different television

shows in which judges are represented. How do the roles of the judges in the

television shows compare to the roles discussed in the text and in the video of the Superior court judge?

The JudiciaryJudicial selection can be through:

Appointment Election Missouri Plan

The JudiciaryMissouri Plan:

A judicial nominating commission to nominate candidates for the bench

An elected official to make appointments from the list submitted by the commission

Subsequent nonpartisan and noncompetitive elections in which incumbent judges run on their records and voters can choose either to retain or to dismiss them

The Judiciary Judicial Alternatives

Retired judges Neutral parties Referees Magistrates Part-time judges

The Judiciary Alternative dispute resolution (ADR) –

Judicial alternative Arbitration

A process of dispute resolution in which a neutral third party (arbitrator) renders a decision following a hearing at which both parties agree to be heard

Arbitration is usually binding, whereas mediation is not

The Judiciary Alternative dispute resolution (ADR) –

Judicial alternative Mediation

An informal dispute resolution process in which a neutral third party (mediator) helps disputing parties reach an agreement

Mediation usually comes before arbitration

The Judiciary The law is but one factor that appears

to influence judges’ decisions Factors that influence judicial decision

making include: Attitudes, ideology, and opinions Demographic characteristics Reelection

The ProsecutorThe prosecutor

An appointed or elected member of the practicing bar who is responsible for brining the state’s case against the accused Routinely criticized for bargaining justice

away

Representing the government in pretrial hearings and in motion procedures

Entering into plea bargaining negotiations

Trying criminal cases Recommending

sentences Representing the

government in appeals

Investigating possible violations of the law

Cooperating with police in investigating a crime

Determining what the charge will be

Interviewing witnesses in criminal cases

Reviewing applications for arrest warrants and search warrants

Subpoenaing witnesses

Prosecutor Duties

The Prosecutors Prosecutors and law enforcement work

together in the following areas: The police investigation report Providing legal advice Training police personnel

The Prosecution Prosecutorial discretion is the

prosecutor’s authority to decide whether to bring a case to trial or to dismiss it outright Has broad discretion and is subject to few

limitations Factors linked to prosecutorial decision

making: System factors Case factors Disposition factors Political factors

The ProsecutionCommon reasons for rejection or

dismissal of a criminal case: Insufficient evidence Witness problems The interests of justice Due process problems A plea on another case Pretrial diversion Referral for other prosecution

County District Attorney’s Office

The Defense AttorneyThe Defense Attorney

Legal counsel for the defendant in a criminal case, representing the accused person from arrest to final appeal

Experiences many role conflicts

Preparing the case for trial

Filing and arguing legal motions with the court

Representing the defendant at trial

Providing assistance at sentencing

Determining the appropriate basis for appeal

Investigating the incident

Interviewing the client, police, and witnesses

Discussing the matter with the prosecutor

Representing the defendant

Entering into plea negotiations

The Defense Attorney Functions

Defending the AccusedThe right to counsel begins at the

earliest stages of the justice system A defendant who lacks the funds to hire a

private attorney and is therefore entitled to free counsel

Defending the AccusedA public defender

An attorney employed by the government to represent criminal defendants who cannot afford to pay for a lawyer

Assigned counsel A private attorney appointed by the court

to represent a criminal defendant who cannot afford to pay for a lawyer

Defending the Accused In the contract system, there is a

provision of legal services to indigent defendants by private attorneys under contract to the state or county A mixed system uses both public

defenders and private attorneys

Thinking Point• If you were arrested for a serious

felony:Would you prefer a paid/private attorney

or a public defender? What factors would determine your

choice? Do you think the likelihood of being found

guilty would depend upon the type of attorney you chose?

Public vs Private AttorneysResearch indicates that state

appointed attorneys do well in court Private counsel may have a slightly better

track record in some areas, but court appointed attorneys do quite well

Problems of the Criminal BarConflicts have helped erode the

formal justice process, which is based on the adversary system The informal justice system revolves

around the common interest of its members to move the case along and settle matters