Chapter #9

1. Chapter #9 The Courts: Structure & Participants

2. Dual court system State & federal courts 10th Amendment – most criminal cases start state court

3. jurisdiction Lawful authority of a court Statute / constitution

4. State court systems

5. Massachusetts Bay Colony • 1629 – general court • 1. legislative • 2. judicial • 1639 – county courts • 1. outlying areas • 2. general court – court of appeal

6. Pennsylvania – early history Peacemakers – mediated disputes Justices of the Peace – today’s district magistrates

7. Early British influence - 1776 Barristers – formally trained lawyers “Counselor’s at Law” – learned by apprenticeship

8. Jurisdiction • Original • Appellate

9. Federal Judiciary Act - 1789 • Limited jurisdiction courts • General jurisdiction courts • Appellate courts

10. PA court system - modern • PA Supreme Court • Superior Court / Commonwealth Court • Common Pleas (67) • Magistrate / Philadelphia Criminal / Philadelphia Traffic / Pittsburgh

11. PA structure • Magisterial Courts • 1. • 2. • 3. • 4. • Common Pleas • 1. • 2. • 3. • 4. • 5.

12. Lehigh County structure • Criminal / juvenile • Civil / family • Orphans • Magistrates

13. Adversarial process Prosecution v defense

14. PA appeals process • PA Supreme Court • Death penalty • PA Superior Court • Criminal appeals • PA Commonwealth Court • Administrative appeals

15. Appellate process • Empanelled judges • Transcripts • Briefs • Oral arguments • Affirmed • Remanded • Court of last resort

16. Appeals to USSC Constitutional issues: 4th / 5th / 6th / 8th / 14th

17. Keeney v Tamayo-Reyes: 1993 Federal evidentiary hearing only if: Petitioner can show he / she didn’t have opportunity in state court

18. Herrera v Collins: 1993 Evidence of innocence: Not a reason for hearing in federal court

19. Clerk of Courts 1. recording keeping: 2. public records except: 3. oaths & affirmations 4. seal of courts Court Administrator 1. personnel / fiscal management 2. information systems 3. equipment 4. records control 5. public information Jury management Court support personnel

20. Federal Court System

21. Article III, Section 1 • “One Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish”

22. Article III , Section 2 • Jurisdiction • 1. cases: constitution / federal law / treaties • 2. disputes b/w states // where one party is a state

23. Federal Court System

24. Federal court structure • USSC • U.S. Courts of Appeal • U.S. District Courts

25. U.S. District Courts (94) • Trial courts: civil / criminal • Original jurisdiction • 94 districts: • 1 per state • Puerto Rico / D.C. / U.S. territories

26. Judges 650 Appointed by President / confirmed by Senate Serve for life $154,700 Magistrates Arraignments Bail Issue warrants Try minor offenses Federal numbers Criminal: 71,022 Civil: 281,338 U.S. District Courts

27. U.S. Circuit Courts of Appeal

28. 13 circuits 12 circuits (regions) 1 U.S. Court of Appeals – federal circuit 167 judges Same as district judges History of the circuit judge Appeals Frivolous Ritualistic Non-consensual U.S. Circuit Courts of Appeal

29. United States Supreme Court (USSC)

30. Background • 9 justices • 8 + 1 Chief Justice • Nominated by President • Confirmed by Senate • Serve for life • Salaries: $217,400 / $208,100

31. Original jurisdiction Appellate jurisdiction Writ ofCertiorari (cert) Judicial review Process Marbury v Madison (1803) “province of the judicial department to say what the law is” Opinions: majority / concurring / dissenting USSC

32. Courtroom work groups

33. Primary duty  to ensure justice Responsibilities include: Ruling on most matters of the law Weighing objections Deciding the admissibility of evidence Sentencing offenders Disciplining disorderly courtroom attendees Deciding guilt or innocence (for bench trials) Formal arraignment Pre-trial hearings Post-trial appeals President (Chief) Judge: hires staff / training / court operations The Judge

34. Judges • Popular election • Gubernatorial appointment • Missouri Plan – merit (endorsement & public records) • PA: • 1. popular election • 2. ten years • 3. retention

35. Judges - qualifications • Member of state bar • Licensed attorney • Hold law degree • Attend professional training

36. Titles: solicitor / district attorney / state’s attorney / county attorney / commonwealth attorney Federal level: U.S. attorney 45 states elect D.A./s 5 states + federal government appoint James Martin: Lehigh County John Morganelli: Northampton County 4 year terms Prosecuting Attorney

37. Prosecutor’s • Duties: • 1. present case • 2. advisor to police • 3. files appeals • 4. parole violations • 5. beyond a reasonable doubt • Prosecutorial discretion: decision making power

38. Prosecutor decides: Whether or not to charge someone with a crime Which charges are to be filed against the defendant Whether multiple charges should be filed together or separately When to schedule cases for trial Whether or not to accept a negotiated plea What evidence to present, including witnesses What sentencing recommendations to make Prosecutorial Discretion

39. Abuse of Discretion • Not prosecuting friends • Accepting guilty pleas or reduced charges for personal consideration • Overzealous prosecution to gain visibility for possible reelection • Scheduling activities to make life difficult for defendants, in an attempt to put pressure on them to plead guilty • Discrimination against minorities • Prosecutors may abuse their discretion by…

40. Disclosure of evidence • Brady v MD (’63) • Exculpatory evidence must be disclosed • U.S. v Bagley (’85) • Must disclose all evidence requested

41. Imbler v Patchman (’76) Prosecutor’s have absolute immunity from liability for conduct during trial

42. Defense attorney

43. Types of defense attorneys • Court assigned attorney • Public defender • Contract attorney

44. Duties 1. represents accused 2. guilty pleas 3. prepares defense 4. calls witnesses 5. adversarial process 6. sentencing appeals Types 1. private attorney 2. court appointed attorney 3. public defender Defense counsel

45. TX v Cobb (’01): counsel is offense specific Gideon v Wainwright (’63): counsel for indigent defendants in all felony cases Faretta v CA (’75): indigent defendants can reject counsel & represent themselves Argersinger v Hamlin (’72): counsel for indigent defendants in misdemeanor cases Gault (’67): juveniles granted right to attorney AL v Shelton (’02): counsel for indigent offenders in state court if prison likely Sixth Amendment cases

46. Ethics of defense Canons of Professional Ethics Model Code of Professional Responsibility Model Rules for Professional Conduct Standards for Criminal Justice

47. Bailiff / U.S. Marshall: controls courtroom, security & jury Court Reporter: written record of all court proceedings Expert Witness: paid professional / may express opinions Lay Witnesses: Eye witnesses / character witness / victim Jurors: trier of facts / peers / verdicts Victim: seeks justice Spectators: trials must be fair / public Additional jobs

48. Jury reform • ABA – 19 principles: • 1. protect privacy of juror • 2. inform jurors of trial schedules • 3. explain law in plain English • 4. right to talk to anyone after trial • 5. right to refuse to talk after the trial

49. Victim 1. witness 2. unsure of role 3. lack of knowledge of trial procedure 4. fear retaliation 5. trauma of testifying Defendant’s choices: 1. select counsel 2. plan defense strategy 3. decide what to tell counsel 4. decide what to plea 5. decide whether or not to testify 6. determine appeal if found guilty Trial participants