Court Structure and Personnel

1. Chapter Nine Court Structure and Personnel

2. Learning Objectives • Describe state court structure • Describe federal court structure • Identify the problems associated with court congestion • Discuss the duties, qualifications, and selection of judges • Explain the different types of judicial alternatives

3. Learning Objectives • Identify factors associated with judicial decision making • Characterize the role of the prosecutor • Recognize the role of prosecutorial discretion in the criminal justice system • Identify the role of the defense attorney • Explain the right to counsel

4. The Criminal Court Process • Overloaded court dockets have given rise to charges of “assembly-line justice” • A majority of defendants are induced to plead guilty • Jury trials are rare • The speedy trial is highly desired but unattainable

5. State Court Systems • Each state maintains its own state court organization and structure • Common state courts include: • Courts of limited jurisdiction • Courts of general jurisdiction • Appellate courts

6. State Court Systems • Courts of Limited Jurisdiction • Misdemeanor criminal infractions • Violations of municipal ordinances • Traffic violations • Civil suits where the damages involve less than a specific amount of money

7. State Court Systems • Courts of General Jurisdiction • State or federal court that has jurisdiction over felony offenses • Serious crimes that carry a penalty of incarceration in a state or federal prison for one year or more

8. State Court Systems • A state or federal court that has jurisdiction over felony offenses • Each state has at least one court of last resort, usually called a state supreme court • State criminal appeals are heard in the appellate courts and these courts review decisions by trial courts and administrative agencies before they reach the supreme court stage

9. State Court Systems • Specialized Courts • What Makes Specialized Courts Different? • Focus on one type of criminal act • Outcomes are elevated above process • Judicial monitoring is critical • Informed decision making is necessary • Collaboration • Non-traditional roles • Systemic change

10. Thinking Point • A growing phenomenon is the creation of specialized courts that focus on one type of criminal act. Examples are drug courts, mental health courts, domestic violence courts, and gun courts. • Do you think a judge of treatment personnel should preside over specialized courts? Defend your position. • Should we have specialized courts for sexual offenders? Why or why not?

11. Federal Courts • There are three levels of courts in the federal system: • U.S. District Courts • U.S. Courts of Appeal • U.S. Supreme Court

12. Federal Courts • District Courts • Trial courts of the federal system • Civil rights • Interstate transportation of stolen vehicles • Kidnappings • Citizenship • Rights of aliens

13. Federal Courts • Federal Appeals Courts • Sometime referred to as U.S. circuit courts • Review federal and state appellate court cases on substantive and procedural issues involving rights guaranteed by the Constitution

14. U.S. Circuit Map

15. Federal Courts • The U.S. Supreme Court • Nation’s highest appellate body • Appointed by the President • Approved by Congress • Only court established by the Constitution • Decides important political and social issues • Shapes the future meaning of the Constitution

16. Federal Courts • Most cases that come before the Supreme Court involve significant federal questions, usually of a constitutional nature • When the Supreme Court decides to hear a case, it grants a writ of certiorari requesting a transcript of the proceedings of the case for review • For a writ to be granted, ordinarily 4 justices must agree to hear the case – this is known as the rule of 4

17. Federal Courts • Witten and oral arguments are then heard • In reaching a decision, the Supreme Court reevaluates and reinterprets state statutes, the U.S. Constitution, and previous case decisions • The Court either affirms or reverses the decision of the lower court

18. Court Congestion • State court systems now handle about 100 million new cases annually, which has led to significant delay and congestion • Congestion is time-consuming and costly, and delay can threaten the Sixth Amendment right to a speedy trial

19. Court Congestion • Reasons for Congestion • Increasing populations • Aggressive prosecutions • Complex law • Reform efforts • Civil litigation

20. Thinking Point • 100 million new cases annually in the court system means vast overloading and court congestion. • What is the most significant negative consequence of court congestion? • How does court congestion impact deterrence to crime?

21. The Judiciary • Duties of the Judge • Rule on the appropriateness of conduct • Settle questions of evidence and procedure • Guide the questioning of witnesses • Instruct jurors • Decide cases • Sentencing

22. The Judiciary • Judicial Qualifications • Resident of the state • Licensed to practice law • Member of the state bar association • At least 25 and less than 70 years of age • Some municipal or town court judges do not need law degrees

23. Thinking Point • Think of two different television shows in which judges are represented. • How do the roles of the judges in the television shows compare to the roles discussed in the text? • How do the roles of the judges in the television shows compare to the video of the Superior court judge?

24. The Judiciary • Judicial selection can be through: • Appointment • Election • Missouri Plan

25. The Judiciary • Missouri Plan: • A judicial nominating commission to nominate candidates for the bench • An elected official to make appointments from the list submitted by the commission • Subsequent nonpartisan and noncompetitive elections in which incumbent judges run on their records and voters can choose either to retain or to dismiss them

26. The Judiciary • Judicial Alternatives • Retired judges • Neutral parties • Referees • Magistrates • Part-time judges

27. The Judiciary • Alternative dispute resolution (ADR) – Judicial alternative • Arbitration • A process of dispute resolution in which a neutral third party (arbitrator) renders a decision following a hearing at which both parties agree to be heard • Arbitration is usually binding, whereas mediation is not

28. The Judiciary • Alternative dispute resolution (ADR) – Judicial alternative • Mediation • An informal dispute resolution process in which a neutral third party (mediator) helps disputing parties reach an agreement • Mediation usually comes before arbitration

29. The Judiciary • The law is but one factor that appears to influence judges’ decisions • Factors that influence judicial decision making include: • Attitudes, ideology, and opinions • Demographic characteristics • Reelection

30. The Prosecutor • The prosecutor • An appointed or elected member of the practicing bar who is responsible for bringing the state’s case against the accused • Routinely criticized for bargaining justice away

31. Prosecutor Duties • Investigating possible violations of the law • Cooperating with police in investigating a crime • Determining what the charge will be • Interviewing witnesses in criminal cases • Reviewing applications for arrest warrants and search warrants • Subpoenaing witnesses • Representing the government in pretrial hearings and in motion procedures • Entering into plea bargaining negotiations • Trying criminal cases • Recommending sentences • Representing the government in appeals

32. The Prosecutors • Prosecutors and law enforcement work together in the following areas: • The police investigation report • Providing legal advice • Training police personnel

33. The Prosecution • Prosecutorial discretion is the prosecutor’s authority to decide whether to bring a case to trial or to dismiss it outright • Has broad discretion and is subject to few limitations • Factors linked to prosecutorial decision making: • System factors • Case factors • Disposition factors • Political factors

34. The Prosecution • Common reasons for rejection or dismissal of a criminal case: • Insufficient evidence • Witness problems • The interests of justice • Due process problems • A plea on another case • Pretrial diversion • Referral for other prosecution

35. The Defense Attorney • The Defense Attorney • Legal counsel for the defendant in a criminal case, representing the accused person from arrest to final appeal • Experiences manyrole conflicts

36. The Defense Attorney Functions • Investigating the incident • Interviewing the client, police, and witnesses • Discussing the matter with the prosecutor • Representing the defendant • Entering into plea negotiations • Preparing the case for trial • Filing and arguing legal motions with the court • Representing the defendant at trial • Providing assistance at sentencing • Determining the appropriate basis for appeal

37. Defending the Accused • The right to counsel begins at the earliest stages of the justice system • A defendant who lacks the funds to hire a private attorney is entitled to free counsel • A public defender • An attorney employed by the government to represent criminal defendants who cannot afford to pay for a lawyer

38. Defending the Accused • Assigned counsel • A private attorney appointed by the court to represent a criminal defendant who cannot afford to pay for a lawyer • In the contract system, there is a provision of legal services to indigent defendants by private attorneys under contract to the state or county • A mixed system uses both public defenders and private attorneys

39. Public vs Private Attorneys • Research indicates that state appointed attorneys do well in court • Private counsel may have a slightly better track record in some areas, but court appointed attorneys do quite well

40. Thinking Point • If you were arrested for a serious felony: • Would you prefer a paid/private attorney or a public defender? • What factors would determine your choice? • Do you think the likelihood of being found guilty would depend upon the type of attorney you chose?

41. Problems of the Criminal Bar • Conflicts have helped erode the formal justice process, which is based on the adversary system • The informal justice system revolves around the common interest of its members to move the case along and settle matters