courts and criminal justice in america chapter courts and criminal justice in america, 2nd edition...

Courts and Criminal Justice in America

CHAPTER

Courts and Criminal Justice in America, 2nd EditionSiegel | Schmalleger | Worrall

Copyright © 2015 by Pearson Education, Inc.All Rights Reserved

Who Controls the Courts?

2



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



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



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



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



Legislative Control

• Direct Controls Legislative bodies can• Create courts• Set rules• Limit Jurisdiction



Legislative Control

• Indirect Controls Confirmations – Federal level• Presidential nomination• Senate Majority• Increased politicization of the process

Budgeting – Federal level• Congress sets budget, appropriates funds



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



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



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



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



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”



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”



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




• People Seek to Control Through Voter behavior Public participation Interest group formation




• 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



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?



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




• 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




• 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




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




• 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



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



Control from the Legal Profession American Bar Association

Also an interest group The Standing Committee on the Federal

Judiciary



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



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



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



Control from Within Judicial activism is when judges avoid

precedent and make decisions with sweeping implications for the future• Kyllo v United States

courts and criminal justice in america chapter courts and criminal justice in america, 2nd edition...

Documents