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The Court System. Overview, Part 1. Court Jurisdiction. The Power of a Court to Hear a Case in Question. Three Types of Court Jurisdiction. Geographical Jurisdiction Subject Matter Jurisdiction Hierarchical Jurisdiction. Geographical Jurisdiction.
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The Court System Overview, Part 1
Court Jurisdiction The Power of a Court to Hear a Case in Question
Three Types of Court Jurisdiction • Geographical Jurisdiction • Subject Matter Jurisdiction • Hierarchical Jurisdiction
Geographical Jurisdiction • Courts are Authorized to hear and Try Cases within a Specific Geographical Boundary • A California Court would Unlikely be Able to try an Oregon Burglary Case • A Crime Committed in Salinas Would be Tried in Monterey County
Extradition The Surrender by a State, Country or County of a Person to the Place Where they are Accused of the Crime
Subject Matter Jurisdiction • Trial Courts of “Limited Jurisdiction” can only hear a category of cases • Trial Courts of “General Jurisdiction” hear all other types of Cases that “Limited Jurisdiction” Courts do not
Hierarchical Jurisdiction Refers to Differences in the Courts Functions and Responsibilities
Hierarchical Jurisdiction • Original Jurisdiction • The Court Has the Authority to Try a Case and Decide it • Appellate Jurisdiction • The Court Has the Power to Review Cases that Other Courts Have Already Decided
California Court System • State Supreme Court • District Court of Appeals • Superior Court • Municipal Court • Justice Courts
Municipal Courts Currently being phased out in California Jurisdiction in Certain Civil Cases
Municipal Courts Has Three Duties • Trial Court in Misdemeanor Cases • Arraignments in Felony Cases • Preliminary Hearings
Justice Courts • These Courts are Being Phased Out • Original Trial Jurisdiction over Misdemeanors and Infractions • Conducts Arraignments and Preliminary Hearings in Felony Cases • Serves Populations 40,000 and less
Superior Courts • Unlimited Trial Jurisdiction (Except by Statute) • All Felony, Juvenile, and Appeals from Municipal and justice Courts • One Superior Court in Each of California's 58 Counties
California Appellate Courts • Courts of Appeal • Appellate Jurisdiction over all Superior Court Decisions EXCEPT Capitol Cases • State Supreme Court • Statewide Appellate Authority • Death Penalty “Automatic Appeals” • Discretionary Appellate Jurisdiction
The Accused Meets The Gatekeepers • A Crime Is Committed • An Accused is Arrested • Initial Appearance
Initial Appearance • Occurs Soon After the Arrest • Warrant less Arrests • Arrest Warrant • Bail • In California, this appearance is an Arraignment
Preliminary Hearings • Screen Felonies before they go to Trial • The Most Important Question: • IS THERE ENOUGH EVIDENCE FOR A TRIAL?
Arraignment • Defendant is Informed of His Charges • Advises defendants of their Legal Rights • Asks Defendants for their Pleas • Defendant can: • Make Bail • Remain Silent • Be Released on own Recognizance
Arraignment • The Judge Advises the Rights • Adversaries are Not Completely Familiar with the Case at this Time • If this is a Misdemeanor, the next step is trial
Plea Bargain • An Agreement • Requires the Defendant to Accept a Guilty Plea • Likelihood, Not a Constitutional Requirement that there will be a Lesser Sentence
A Plea Bargain Can Take Place at Almost any Point in the Judicial Process
The Trial • Constitutionally Guaranteed Right to: • Face the Accuser • Have Evidence Presented Before an Impartial Jury • Have Innocence or Guilt Determined Based on the Evidence Presented