chapter 8 courts and the quest for justice

CJ

© 2011 Cengage Learning

Chapter 8Chapter 8

Courts and the Courts and the Quest for JusticeQuest for Justice


Learning Outcomes

LO1: Define and contrast the four functions of courts.

LO2: Define jurisdiction and contrast geographic and subject-matter jurisdiction.

LO3: Explain the difference between trial and appellate courts.

LO4: Explain briefly how a case is brought to the Supreme Court.

LO5: List and describe the members of the courtroom work group.

1LO


Define and contrast the four functions of the

courts.


Learning Outcome 1• Courts have extensive powers in our

criminal justice system. • The courts’ legitimacy is based on

two factors:– Impartiality– Independence


Learning Outcome 1Functions of the Courts:• The Due Process Function • The Crime Control Function• The Rehabilitation Function • The Bureaucratic Function

2LO


Define jurisdiction and contrast geographic and

subject-matter jurisdiction.


Learning Outcome 2

Jurisdiction – “the power to speak the law.”


Learning Outcome 2• Geographic jurisdiction

– A court exercises authority over a certain area.

– Federal versus State• Concurrent jurisdiction – many acts that are

illegal under federal law are also illegal under state law.

– State versus State– Multiple trials – federal and state courts

can host the same defendant on charges of same crime.


Learning Outcome 2• Subject-matter jurisdiction

– Courts of general jurisdiction• No restrictions on subjects they can

address. – Courts of limited jurisdiction

• Handle misdemeanors and certain civil matters.

3LO


Explain the difference between trial and appellate courts.


Learning Outcome 3Trial Courts:• Have original jurisdiction• Almost every case begins in a

trial court• Are concerned with questions of

fact


Learning Outcome 3Appellate Courts:• Cases are brought only by appeal• Judges make a decide whether a

cause should be reversed or remanded

• Concerned with questions of law


Learning Outcome 3• The dual court system is comprised of

both federal and state courts.• Both federal and state courts have

limited jurisdiction.– Federal courts enforce federal statutes.– State courts enforce state statutes.

The distinction between the courts is not always clear.


Learning Outcome 3• State courts consist of:

– Lower courts (limited jurisdiction)– Trial courts (general jurisdiction)– Appellate courts– State’s highest court


Learning Outcome 3• Specialty courts include:

– Drug courts– Gun courts– Juvenile courts– Domestic courts– Elder courts


Learning Outcome 3Federal Courts – A Three-tiered

model:• U.S. District Court• U.S. Court of Appeals• United States Supreme Court


Learning Outcome 3The United States Supreme Court:• The final interpreter of the Constitution• Judicial review• Meaning of statutory provisions• Has trial jurisdiction in rare instances.

4LO


Explain briefly how a case is brought to the

Supreme Court.


Learning Outcome 4• There is no absolute right to appeal to

the Supreme Court. • Writ of certioari

– A Supreme Court order for a lower court to send the record of a case for review.

– Four justices must approve a writ of certioari (rule of four)


Learning Outcome 4Supreme Court Decisions• Does not hear any evidence• Decisions are based on written record of

the case and written arguments (briefs)• Court’s decision delivered as written

opinion. – Concurring opinion– Dissenting opinion


CAREERPREPBailiff

Job Description:• Maintain order and provide security in the courtroom

during trials, escort and guard jurors and prevent them from having improper contact with the public.

• Open and close court, call cases, call witnesses, and generally “direct the traffic” of the trial.

What Kind of Training Is Required?• At minimum, a high school diploma or GED. • Supplemental training at a vocational school or a police

academy, or a two- or four-year college degree with an emphasis on criminal justice.

Annual Salary Range?$30,000–$38,000

For additional information, visit: www.criminaljusticeusa.com/bailiff.html.


Learning Outcome 4Before the Trial, the judge must determine…• Whether there is sufficient probable cause to

issue a warrant. • Whether there is sufficient probable cause to

authorize electronic surveillance • Whether enough evidence exists to justify the

temporary incarceration of a suspect• Whether a defendant should be released on

bail, and if so, the amount of bail• Whether to accept pretrial motions by

prosecutors and defense attorneys• Whether to accept a plea bargain


Learning Outcome 4Before the trial, the judge must determine…• Whether there is sufficient probable cause to issue a

warrant. • Whether there is sufficient probable cause to authorize

electronic surveillance • Whether enough evidence exists to justify the temporary

incarceration of a suspect• Whether a defendant should be released on bail, and if

so, the amount of bail• Whether to accept pretrial motions by prosecutors and

defense attorneys• Whether to accept a plea bargain


Learning Outcome 4The Administrative Role• Keeping the docket current. • Paperwork• Courtroom budgets


Learning Outcome 4Selection of Judges: • Federal judges are appointed by the president

and confirmed by the Senate. • State judges – procedure varies by state.

– Partisan election – judicial candidate picks a political party.

– Nonpartisan elections – candidates do not pick a party.

• Missouri Plan – merit selection– When there is a vacancy, candidates are named by

a nonpartisan committee. – The names of the three most qualified candidates

are sent to the governor or executive of the state judicial system, who makes the final decision.

– One year later, a “retention election” is held, so that vogers can decide whether to keep the judge.


CAREERPREPLaw Clerk

Job Description:• Assist judges in courtroom matters such as managing evidence,

interacting with court personnel, and communicating with attorneys and the public.

• Analyze complex legal issues regarding information submitted by the two parties before the court, help the judge research and write opinions, prepare reports for the judge on the legal issues of a case, and make recommendations directly to the judge concerning the outcome of the trial or appeal.

What Kind of Training Is Required?• Despite the job title, law “clerks” are almost always recent law school

graduates who have either passed or are expected to pass the state bar examination, a prerequisite to becoming a lawyer.

• Superior writing and research skills and a solid knowledge of the law, court procedures, jurisdictional rules, and the court system.

Annual Salary Range?$54,000–$105,000

For additional information, visit: www.judicialclerkships.com/law-clerks.htm.

5LO


List and describe the members of the

courtroom workgroup.


Learning Outcome 5Most prominent members:• Judges • Prosecutors• Defense attorneys


Learning Outcome 5Other members:• Bailiff of the court• Clerk of the court• Court reporters


Learning Outcome 5• The judge has most influence over

the work group. – Laissez-faire judges.– “Tough-on-crime” judges.

• A judge’s personal philosophy affects the court proceedings.

chapter 8 courts and the quest for justice

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