The Court SystemWhen a crime has been recorded and a suspect

apprehended and booked it creates a criminal case

– Next part of the CJ process = judicial disposition of the case

The case transfers from the Police to the Court system for prosecution and adjudication

– Shift responsibility from Police to Courts (mostly)

The police may continue investigation Initial charges may change or be dropped

The Court System in the U.S.

Important features to note at the outset:–Note: duality of legal systems in the U.S.

• Federal & State Court Systems = separate

–Note: multiplicity of state court systems in the U.S. (50 independent state systems)

–Note: division of trial vs. appellate courts

–Note: general vs. limited jurisdiction courts

–Note: multiple levels of courts

–Note: U.S. Courts = adversarial system

Note: Adversarial Framework of U.S. Courts• U.S. legal system is formally set up as an

adversarial process

• What does that mean?a) Truth results from contest between opposing

arguments based on logic and evidence

b) Competition must follow specific rules of fair competition (procedural correctness = primary)

c) Emphasize due process over efficiency

• Where did this come from?– Common Law– Constitutional guarantees

The Adversarial Framework (cont).

• What are the alternatives to this approach?– Inquisitorial framework (collaborative fact-

seeking)– Pragmatic framework (efficient decision-

making)– Negotiational framework (mediation, conflict

resolution, and compromise-seeking)

• When are the alternative frameworks used?– Adversarial reserved for serious felony cases– Other approaches may be used in lower, less

serious cases or other types of violations

The Court System in the U.S.– Note: duality of legal systems in the U.S.

• Federal & State Court Systems = 2 separate court systems

• Doctrine of “Dual sovereignty”• Federal system has jurisdiction only over:

– Federal law violations & disputes– International laws and agreements– Interstate commerce & activities– Constitutional matters

• They are primarily connected only “at the top”• Note recent trend toward greater “federalization”

Structure of State Court Systems• Every State has its own Court System

• General division into:– Trial Courts (courts of original jurisdiction)– Appellate Courts (courts of appeal)

• At a state level this is a recent development – Early state courts had little provision for appeal– Some states allowed only legislative appeal

• Appellate courts provide correction for procedural errors (not concerned about correctness of judgments or verdicts)

Structure of State Court Systems• Appellate courts focus on procedural errors

(not substantive judgments or outcomes)

• Appellate courts do not retry the case but review the original procedure

– Appellate decision based on record of trial (minimal argumentation)

– Outcomes = (1) let stand; (2) remand; (3) set aside

• Note difference at appellate level between:a) Mandatory reviews (of some types of cases)

b) Discretionary reviews (of most cases)

Structure of State Court Systems• State Courts are further divided into Upper &

Lower levels

• Trial Courts divided into levels by jurisdiction:– General jurisdiction (hear all types of cases)– Limited jurisdiction (hear only some types)

• Misdemeanors or crimes of lesser punishment• Certain types of offenses or cases

– Also called: “superior” vs. “inferior” courts

• Appellate Courts divide into levels:– Final appeals (“Courts of Last Resort”) – Intermediate appeals (in most states)(not in 12)

“Typical”(?) State Court Structure

Court of Last Resort(State Supreme Court)

Intermediate Appellate Court

Trial Courts of General Jurisdiction

Trial Courts of Limited Jurisdiction(& Special-focus Courts)

Superior courts;Circuit Courts;District CourtsCourts of Common Pleas

Misdemeanor Courts;Municipal Courts;Metropolitan CourtsPolice Courts;Mayor’s Courts;J of P Courts;Township Courts

AppellateCourts

TrialCourts

Family Courts; Traffic Courts;Drug courts; Gun Courts

Magistrates

Structure of State Court Systems• Specific structures vary widely from state to state

– Some = unified systems; others = fragmented– Some systems = streamlined; some = redundant– Many have anachronistic features (JPs)– Some have multiple special-purpose courts– Some have community courts that mediate or arbitrate

rather than formally adjudicate (“arbitration panels”)

• The specific names of courts seem to vary widely:– trial courts in New York are called “Supreme Courts”– District, county, or common pleas courts refer to general

jurisdiction courts in some states and limited jurisdiction in others

Supreme Court

Appellate Court(5 Districts)

Circuit Courts(22 Circuits in 102 Counties)

IntermediateAppellate

FinalAppellate

TrialCourts

Illinois Court System

[Note: No lower trial courts (but some specialized courts)]

Recent Developments in State Courts?a) Increasing caseloads overload & backup

b) Changes in Technology– Computerization– Information sharing and linking

c) Unification and rationalization of courts– Reorganization of court systems = inconsistent– Streamline structures – eliminate redundancy– Streamline procedures – info mangement &

scheduling– Use of nonjudicial court administrators– Proliferation of specialized courts

Federal Court Systems• Similar in structure to state systems

– Originally set up as two-layers: Trial + Appeal– Supreme Court established in U.S. Constitution– District Courts (Trial) set up in 1789 legislation

• Added additional appellate layer in 1891– Circuit Courts – 13 circuits (12+1)– Provide mandatory review of all federal appeals

• Added lower level trial layer in 1968– Created U.S. Magistrates (conversion from U.S.

Commissioners)– Renamed to Magistrate Judges in 1990

Federal Court Structure

U.S. Supreme Court

U.S. Circuit Courts(13 circuits)

District Courts(94 general jurisdiction courts)

U.S. Magistrate Judges(limited jurisdiction)

AppellateCourts

TrialCourts

Major Players in Court Systems:• Prosecutors

• Judges

• Defense Attorneys

• Court Personnel – supporting roles (courtroom workgroups)

• Important outsiders:– Victims

– Juries

– Witnesses

Prosecutors: (district attorney; state’s attorney; prosecuting attorney; county attorney; commonwealth’s attorney; solicitor)

• The “quarterback” of the court system (i.e., has a hand in every play)

– Charging– Recommending bail– Plea bargaining– Prosecuting– Recommending sentences

• Charging = the critical function

Prosecutors:

• Mostly selected by election for 4-yr terms (except 3-4 states)

• Mostly in smaller offices (5 or less full time attorneys)

• Salaries = fairly low

• Stepping-stone to private practice, judgeship or political office not usually a full career

Prosecutors:• What is the prosecutor’s main task?

1) To prosecute cases from policea) effectively: offenders convicted +

innocent persons cleared + law upheld

b) efficiently: resolving cases in timely fashion & doesn’t waste resources

c) Considerable discretion in deciding which cases to prosecute & what charges

1. Crime has occurred

2. Offender has been apprehended

3. Strong likelihood of conviction

Prosecutors:• The prosecutor’s 2nd task (sometimes)?

2) To investigate & prosecute other crimes beyond police records

a) Grand juries (investigative function)─ Power of subpoena─ Compulsion to testify

b) Special investigations─ Prosecutor = in principle the highest law

enforcement officer of the jurisdiction─ Make collaborate with police or establish

special investigators

Prosecutors:

• How are prosecutors evaluated?– Conviction rates

– High profile show trials

– Avoiding embarrassing outcomes Appellate court reversals & reprimands

Bad publicity:• Losses in high profile cases• Subsequent crimes by “lost” defendants• Political conflicts

Defense Attorneys:• 6th Amendment guarantees right to legal

representation– Originally this applied only to federal cases– Applied to states in 1960s “due process”

era (Gideon v. Wainwright, 1963)– Originally applied only felony cases– Extended to misdemeanors & multiple

events in addition to the trial in 1970s & 1980s

– Extended further to mean right to “competent representation”

Defense Attorneys:• 6th Amendment guarantees right to legal

representation– But does it obligate the state to provide this

counsel for all defendants

• How to provide legal representation?1) Privately retained attorney

• based on the defendant’s ability to pay2) Publicly-provided attorney

• provided by the community for those defendants who lack ability to pay for an attorney

Defense Attorneys:

• Methods of publicly providing legal representation:

1) Court-Appointed attorney─ Lawyers serving “pro bono”

─ Lawyers for small fixed compensation

2) Public Defender─ Employed by community-funded office

─ Lawyers work on salary (modest)

3) Contract attorney

Defense Attorneys:

• Tasks of Defense counsel:1) Representation at Trial

─ Provide counsel to defendant

─ Advocate in trial

2) Pretrial & Posttrial events─ Investigation (pretrial & posttrial)

─ Counseling

─ Representation (motions, filings, appearances, communications)

Defense Attorneys:• Comparison of Private vs. Public

attorneys?– Do you “get what you pay for”?

– Amount of time spent with client

– Percentage of guilty pleas

• Note: private criminal practice= Low pay & low status

• Most cases decided without legal representation (in lower courts)

Judges:

• Judges’ task:1) See that trials are properly carried

out (“due process” is carried out)• Obvious and familiar

2) Hold pretrial and posttrial hearings

3) Administer court organization & office• Less obvious but equally important

• Bulk of judges work is mostly outside of courtroom

Judges:• Courtroom tasks

1) Administrator of trials and court events

2) Referee of adversarial proceedings

3) Decision-maker in court actions• Evidence• Trial procedures• Guilt (sometimes)

• Sentencing (usually)

4) Disciplinarian of court conduct

Judges:

• Selection of judges?– State/Local Trial Judges usually

merit + elective

– State Appellate judges usually merit

– Federal judges appointive

• Terms of service?– Appellate indefinite (life)

– Trial specific term (usually 6 yrs)

Judges:

• Qualifications of judges– Higher levels law degree & member

of bar (no trial experience necessary)– Lower levels not required to be

lawyers or have any legal training

• Selection of judges is partly a professional and partly a political process

– Variations on that trade-off?

Juries:• Jury = group of citizens who make

decisions about criminal cases– Citizens” = ordinary community members

– Different from “judicial panel” or “lay judges”

• 2 different kinds of juries

1) Grand Jury• Decide probable cause to prosecute

2) Trial Jury (petit jury)• Decide guilt and punishments (rarely)

Juries:• Jury’s task = render decisions at key

points in case’s prosecution

• Jury’s role = provide community voice in process of achieving justice

1) Jury’s role is limited but important

• “jury nullification” as common law principle

• Requirement of jury in capital cases

2) Most cases don’t involve juries (2%)

Juries (cont.):• How many members in a jury

– Grand jury: between 12-23 persons

– Trial jury: between 6-12 persons

• What kinds of decisions1) Charging/indictment (Grand jury)

2) Guilt/innocence (Trial - some cases)

3) Sentencing (Trial - capital cases)

• What are the decision rules?─ Unanimous

─ Less-than-unanimous (in some situations)

Juries (cont.):• How are jury members selected?

– Juror pool (venire) drawn from public lists (tax rolls; registered voters; directories; license lists)

– Jury panel drawn from current juror pool

– Jury members (+ alternatives) are drawn from the jury panel voir dire

– Exceptions from jury duty

– Challenges: 1) peremptory; 2) for cause

• Why are juries controversial?