The Court System

The American Court StructureThe U.S. has a dual court system.

dual courtOne system of state and local courts and another system of federal courts.

The American Court StructureThe court’s jurisdiction is set by law and limited by territory and type of case.

jurisdictionThe authority of a court to hear and decide cases.

The Federal Courts

The authority for the federal court system is in the Constitution. The system includes:

• The Supreme Court

• The federal courts of appeals

• The federal district courts

United States District Courts• Trials in federal district court are usually

heard by a judge.• General trial courts

• Federal criminal cases involve: Bank robbery Counterfeiting Mail fraud Kidnapping Civil rights abuses

Circuit Courts of Appeals

A party that loses a case in district court may appeal to a federal circuit court of appeals, or in some cases, directly to the U.S. Supreme Court.

Circuit Courts of Appeals• Circuit courts of appeals review a case for

errors of law, not of fact.• Normally, three judges sit as a panel to hear

cases. Jury trials are not allowed.

• West Virginia, Virginia, North Carolina, and South Carolina are in Circuit 4

The United States Supreme Court• Court of last resort in all questions of

federal law and U.S. Constitution.• The court may hear cases:

Appealed from federal courts of appeal. Appealed directly from federal district

courts. Appealed from the high court of a state,

if claims under federal law or the Constitution are involved.

The United States Supreme CourtThe U.S. Supreme Court is composed of:

• A chief justice

• Eight associate justices

Each member of the court is appointed for life by the president and affirmed by the Senate.

The United States Supreme Court

• In order for a case to be heard by the Supreme Court, at least four justices must vote to hear the case.

The United States Supreme Court

When the court decides a case, it can:

• Affirm the decision of the lower court and “let it stand.”

• Modify the decision of the lower court, without totally reversing it.

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The United States Supreme Court

• Reverse the decision of the lower court, requiring no further court action.

• Reverse the decision of the lower court and remand the case to the court of original jurisdiction, for either retrial or resentencing.

The State CourtsThe state courts have general power to decide nearly every type of case.There are generally four levels of state courts:

• Trial courts: District Court: one per county

Probable cause hearings for felony cases, all domestic relations cases, and civil cases involving amounts of $10,000 or less.

• Trial courts: Superior Court: 39 Judicial Districts

General jurisdiction trial court for the state & civil cases involving amounts over $10,000.

• Court of appeals:12 judges sit in panels of 3 judges

• State Supreme Court:Chief Justice & 6 associate justices

Always hears constitutional questions. Also hears when requested by the state in criminal cases; where delay could case harm.

Key Actors in the Court Process

The three key actors in the court process are:• The prosecutor

• The defense attorney

• The judge

The ProsecutorThe prosecutor is a powerful actor in the administration of justice. Prosecutors have the authority to:

• Decide whether to charge or not charge a person with a crime

• Decide whether to prosecute or not prosecute a case

• Determine what the charge will be

The Decision to Plea-BargainProbably the most strategic source of power available to prosecutors is their authority to decide which cases to plea bargain.

Justice in America is dispensed mostly through plea bargaining.

The Defense AttorneyThe Sixth Amendment to the Constitution guarantees the right to the “effective assistance” of counsel. Defendants have a right to counsel during many stages in the criminal justice process

The Defense AttorneyA defendant may waive the right to counsel and appear on his or her own behalf.

In the American system of justice, the role of defense counsel is to provide the best possible legal counsel and advocacy within the legal and ethical limits of the profession.

The Court-Appointed LawyerIn some circumstances, defendants who cannot afford a lawyer are provided with a court-appointed, private attorney.

• If they are paid at all, court-appointed private attorneys are paid a nominal sum.

• Many are not knowledgeable in criminal law.

The Public Defender

In many large jurisdictions, people who cannot afford an attorney are provided with public defenders.

The JudgeJudges have a variety of responsibilities in the criminal justice process:

• Determining probable cause• Signing warrants• Informing suspects of their rights• Setting and revoking bail

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The Judge

• Arraigning defendants• Accepting guilty pleas• In some jurisdictions, managing their own

courtrooms and staff• Allowing the jury a fair chance to reach a

verdict on the evidence presented

Lower State Courts

Local Court in small towns are called Justice Court and the judge is called a justice of peace.

Local Courts in larger towns are called magistrate courts. They handle minor cases as traffic violations or disturbing the peace. They can also handle civil cases less than $1,000.

Judges are elected by the public in a general election.

State Supreme Court Judges are elected for an 8 year term.

Bail and Other Methods of Pretrial Release

A bail bond or bail allows suspects or defendants to remain free while awaiting the next stage in the adjudication process.

It is not a fine, but an incentive to appear.

bail bond or bailUsually a monetary guarantee deposited with the court that is supposed to ensure that the suspect or defendant will appear at a later stage in the criminal justice process.

Bail and Other Methods of Pretrial Release

The amount of bail generally depends on:

• The likelihood that the suspect or defendant will appear in court as required

• The seriousness of the crime

• The suspect’s prior criminal record

• Jail conditions and overcrowding

Bail and Other Methods of Pretrial Release

If a judge believes that a suspect or defendant would pose a threat to the community, the judge can refuse to set bail.

For people who cannot afford to post bail, professional bonds people are available to post it for them for a nonrefundable fee, typically 10% of the required amount.

Suspects who post their own bail get it all back after they appear.

Bail and Other Methods of Pretrial Release

Bail and Other Methods of Pretrial Release

When the crime is minor and suspects or defendants have ties to the community, they are generally released on their own recognizance.

Bail and Other Methods of Pretrial Release

Other nonfinancial releases are:

• Conditional release

• Unsecured bond

conditional releaseA form of release that requires that a suspect/defendant maintain contact with a pretrial release program or undergo regular drug monitoring or treatment.

unsecured bondAn arrangement in which bail is set but no money is paid to the court.

Grand Jury

The alternative to filing an information is a grand jury. Used for felony cases.

grand juryGenerally a group of 12 to 23 citizens who meet in closed sessions to investigate charges coming from preliminary hearings or to engage in other responsibilities. A primary purpose of the grand jury is to determine whether there is probable cause to believe that the accused committed the crime or crimes.

Grand JuryBefore appearing before a grand jury, the prosecutor drafts an indictment.

indictmentA document that outlines the charge or charges against a defendant.

Grand JuryBecause the grand jury has to determine only probable cause:• Only the prosecution’s evidence and witnesses are

heard

• In most jurisdictions, the defendant does not have a right to be present

• Prosecutors are allowed to present hearsay or illegally obtained evidence

Grand Jury

In addition, prosecutors have the authority to subpoena witnesses.

Grand JuryIn practice, the grand jury system is criticized for merely providing a rubber stamp for whatever the prosecutor wants to do.

Suspects waive the right to a grand jury hearing in about 80% of cases.

Plea BargainingJustice in the U.S. is dispensed mostly through plea bargaining. There are three basic types of plea bargains:• The defendant may be allowed to plead guilty to a

lesser offense.• A defendant who pleads guilty may receive a

lighter sentence.• A defendant may plead guilty to one charge in

exchange for the prosecutor’s promise to drop another charge.

Plea BargainingThe bargain a prosecutor will strike generally depends on three factors:• The seriousness of the offense• The defendant’s criminal record• The strength of the prosecutor’s case

Plea BargainingThere is neither a constitutional basis nor a statutory basis for plea bargaining.

Plea bargaining developed out of custom, but has been upheld by the Supreme Court.

Plea BargainingPlea bargaining is widely used because of several factors:• It reduces uncertainty in the criminal justice

process.

• It serves the interest of the participants Prosecutors get high conviction rates. Judges reduce their caseload.

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Plea Bargaining

Defense attorneys spend less time on each case and avoid expensive trials.

Defendants get lighter sentences than they might have gotten from juries, and can avoid conviction on stigmatizing crimes such as child abuse.

Review Questions

1. Congress has two houses. One house has a membership based on population to address the needs of the large states. In the other house, each state has two votes to address the needs of smaller states. This is an example of which concept?

a. Amendment b. Compromise c. Freedom d. Treaty2. “The person was appointed to bring the opposing sides

together, to provide an atmosphere in which both sides could express their opinions and could respond to one another.” What is the person described in the statement called?

a. A mediator b. an entrepreneur c. An economist d. A manager

3. What does the policy of “innocent until proven guilty” mean?

a. The accused must prove innocence

b. The trial must be held quickly

c. The burden of proof is on the prosecutor

d. The state must have DNA to prove guilt

4. What is due process?

a. A condition of slavery

b. A search order

c. The right to vote

d. Fair action by the government

Answers to Review Questions

1. Congress has two houses. One house has a membership based on population to address the needs of the large states. In the other house, each state has two votes to address the needs of smaller states. This is an example of which concept?

a. Amendment b. Compromise c. Freedom d. Treaty2. “The person was appointed to bring the opposing sides

together, to provide an atmosphere in which both sides could express their opinions and could respond to one another.” What is the person described in the statement called?

a. A mediator b. an entrepreneur c. An economist d. A manager

Answers to Review Questions

3. What does the policy of “innocent until proven guilty” mean?

a. The accused must prove innocence b. The trial must be held quickly c. The burden of proof is on the prosecutor d. The state must have DNA to prove guilt4. What is due process? a. A condition of slavery b. A search order c. The right to vote d. Fair action by the government