Court Structure and Personnel

1. Chapter 9 Court Structureand Personnel

2. The Criminal Court Process • Plea bargaining and other alternatives, such as diversion, are far more common than the formal trial process • Overloaded court dockets have resulted in “assembly-line justice”

3. State Court Systems • Each state maintains its own state court organization, creating as many courts as they wish, name courts as they see fit, and establish specialized courts • Courts of Limited Jurisdiction • Handles misdemeanors and preliminary investigation of felony charges • Referred to as municipal courts, county courts, district courts, and metropolitan courts, depending on the state • Punishments limited to fines, community sentencing, or incarceration in county jail for up to one year • Specialized courts are created to respond to social problems, like drug offenders

4. State Court Systems, continued • Courts of General Jurisdiction • A state or federal court that has jurisdiction over felony offenses—nearly 2,000 of them in the U.S. • Referred to as felony, superior, supreme, county, or circuit courts, depending on the state • May be responsible for reviewing cases on appeal from courts of limited jurisdiction • If granting a new trial, the procedure is known as trial de novo process • State criminal appeals are heard in one of the appellate courts, which review issues of law and fact appealed from the trial courts

5. Federal Courts • Federal courts have jurisdiction over the laws of the U.S., treaties, and cases involving admiralty and maritime jurisdiction, as well as over controversies between two or more states and citizens of different states • There is a three-tiered hierarchy of court jurisdiction • U.S. District Courts • Trial courts of the federal system • Handles cases of violations of federal laws, including civil rights abuses, interstate transport of stolen vehicles, kidnappings, citizenship and rights of aliens • U.S. Courts of Appeals • U.S. Supreme Court

6. Federal Courts, continued • Federal Appeals Courts • Sometimes referred to as U.S. circuit courts • Reviews federal and state appellate court cases on substantive and procedural issues involving rights guaranteed by the Constitution • The purpose of these courts is to analyze judicial interpretations of the law and reflect on constitutional issues involved • U.S. Supreme Court • Nation’s highest appellate body and court of last resort • Composed of nine members with lifetime appointment • The only court established by constitutional mandate

7. Federal Courts, continued • U.S. Supreme Court, continued • When this court reaches a decision, it becomes a precedent that must be honored by all lower courts • How a case gets to the Supreme Court • Cases that involve a significant federal question, usually of a constitutional nature • Judges have discretion to select the cases they will review for a decision • Four of the nine Justices must vote to hear a case brought by a writ of certiorari for review (the rule of four) • The Supreme Court reevaluates and reinterprets state statutes, the U.S. Constitution, and previous case decisions

8. Court Congestion • State court systems handle about 100 million new cases each year, and the federal courts are equally burdened • Factors that produce trial delay and court congestion: • Increasing population has outpaced growth in the court system • Aggressive prosecution of petty offenses and nuisance crimes • The law has become more complex, and technological issues have resulted in a more involved court process • Mandatory minimums reduce plea bargaining and increase the number of jury trials • Civil litigation has increased

9. The Judiciary • The judge rules on the appropriateness of conduct, settles questions of evidence and procedure, and guides the questioning of witnesses • Judges sometimes decide the outcome of the trial when a jury trial is waived • Judicial Qualifications • Varies from state to state • Usually includes residency of the state, licensed to practice law, member of the state bar, at least 25 years of age and less than 70 years of age • Little or no training in how to be a judge—some provide training and manuals

10. The Judiciary, continued • Selecting Judges • Varies by jurisdiction • Governor appoints some • Some selected through popular election, but it means donors select judges • Missouri Plan • A nominating commission nominates candidates • An elected official makes appointments from the list submitted by the commission • Subsequent nonpartisan and noncompetitive elections in which incumbent judges run on their records and voters choose retention or dismissal

11. Judicial Alternatives • Some parties agree to hire a retired judge or other neutral party • Alternative Dispute Resolution (ADR) • Arbitration • A simplified version of a trial where a neutral third party renders a decision after a hearing at which both parties agree to be heard • Law at state and federal levels governs arbitration • Mediation • Less formal than arbitration • The mediator is trained to help disputing parties come to an agreement, but has no power to impose a decision on the parties

12. Judicial Decision Making • Judges decisions are influenced by their ideology, attitudes about certain individuals, whether they face re-election, public attitudes, and basic demographic characteristics • We see this obviously in the U.S. Supreme Court

13. The Prosecutor • One of the two adversaries in the criminal trial process • An appointed or elected member of the practicing bar who is responsible for bringing the state’s case against the accused • Can be knows as a district attorney, county attorney, state’s attorney, or a U.S. attorney • Primary duty is to enforce the law

14. Types of Prosecutors • In the federal system, United States attorneys serve as the nation’s principal litigators and are appointed by the president • At the state and county levels, the attorney general and the district attorney, respectively, are the chief prosecutorial officers • Most attorneys who work for prosecutors at state and county levels are political appointees and earn low salaries and handle many cases • Young lawyers tend to take these positions in hopes that the experience will qualify them for better opportunities

15. Prosecutorial Discretion • Prosecutors have the authority to decide whether to bring a case to trial or to dismiss it outright • Prosecutors can drop charges if conditions are not favorable for a conviction • Prosecutors can also turn to the grand jury to determine whether there is sufficient evidence to bring someone to trial

16. Common Reasons for Rejecting Cases • Insufficient evidence • Witness problems • The interests of justice • Due process problems • Aplea on another case • Pretrial diversion, such as referral to treatment or employment programs • Referral for other prosecution

17. Overzealous Prosecution • They sometimes go too far in their efforts to secure convictions • Some have been known to fabricate evidence, use false statements at trial, and withhold favorable evidence from the defense, influence witnesses, and renege on plea agreements • A prosecutor cannot be sued for their decisions on whether to press charges or for how they act • Their superiors and state bar association disciplinary boards can punish them • The most common discipline sanctions are reprimand and censure

18. The Defense Attorney • The accused has the right to an attorney and must be provided one if they cannot afford one • The role of the Criminal Defense Attorney • Defense attorneys are officers of the court • Criminal defense attorneys perform many functions • Because of the nature of the U.S. system of justice, defense attorneys face role conflicts

19. The Defense Attorney, continued • Some functions of the defense attorney include: • Investigating the incident • Interviewing the client • Representing the defendant at various stages in court • Entering into plea negotiations • Preparing the case for trial • Filing and arguing legal motions • Providing assistance at sentencing • The Sixth Amendment provides for the right to counsel, particularly in cases where they can be deprived of freedom—so not for most misdemeanors • States have rules for determining who is indigent, and they may require repayment of at least part of the cost • Lawyers are required to honor the attorney-client privilege, with one exception