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Criminal Justice Today
CHAPTER
BOOK COVER
Criminal Justice Today, 13th Edition
Frank Schmalleger
9
The Courts:
Structure and
Participants
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American Dual Court System
• Dual court system
 Federal court system
• Federal courts
• U.S. courts of appeal
• U.S. Supreme Court
 State court system
• Trial courts
• Appellate courts
• State supreme court
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
The State Court System
• Jurisdiction
 The territory, subject matter, or people
over which a court or other justice
agency may exercise lawful authority,
as determined by statute or constitution
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
The State Court System
• Original jurisdiction
 The lawful authority of a court to hear
or to act on a case from its beginning
and to pass judgment on the law and
the facts
 The authority may be over a specific
geographic area or over particular types
of cases
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
The State Court System
• Appellate jurisdiction
 The lawful authority of a court to review
a decision made by a lower court
• Trial courts
• State appellate court
 The court authorized by law to hear the
final appeal on a matter
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
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The State Court System
• Dispute resolution centers
 Informal hearing places designed to
mediate interpersonal disputes without
resorting to the more formal
arrangements of a criminal trial court
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
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The State Court System
• Community court
 A low-level court that focuses on qualityof-life crimes that erode a neighborhood’s
morale
 Community courts emphasize problem
solving rather than punishment
 Build on restorative principles such as
community service and restitution
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
The State Court System
• Specialized court
 A low-level court that focuses on relatively
minor offenses and handles special
populations or addresses special issues
such as reentry
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
The Federal Court System
• U.S. District Courts
 Trial courts of the federal court system
 Includes bankruptcy court
 During 2012, 75,290 criminal cases and
285,260 civil cases were filed in U.S.
district courts
Administrative Office of the U.S. Courts, “U.S. District Courts—Criminal Cases Commenced, Terminated, and Pending
during the 12-Month Periods Ending March 31, 2011 and 2012,”
http://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2012/tables/D00CMa
r12.pdf
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
The Federal Court System
• U.S. Court of Appeals
 Hears appeals from the district courts
located within its circuit, as well as
appeals from decisions of federal
administrative agencies
 Usually fall into three categories:
• Frivolous
• Ritualistic
• Nonconsensual
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
The Federal Court System
• U.S. Supreme Court
 Greatest authority lies in its capacity for
judicial review of lower-court decisions and
state and federal statutes
• Writ of certiorari
 Issued to a lower court when the supreme
court agrees to hear a case
• There are approximately 5000 requests for
cases to be heard each year, and the court
will hear about 200
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
The Courtroom Workgroup
•
•
•
•
•
•
•
Judge
Prosecution
Defense counsel
Bailiff
Clerk of Court
Stenographer or court reporter
Expert witnesses
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
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Judges
• Ensure justice
• Elected or appointed public official
• Responsibilities:






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
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Judges
• Federal Judges
 Nominated by President
 Confirmed by Senate
• State Judges
 Popular election
 Gubernatorial appointment
 Missouri Plan
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
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Prosecution
• Prosecutor
 An attorney whose official duty is to
conduct criminal proceedings on behalf
of the state or the people against those
accused of having committed criminal
offenses
• State has the burden of proof
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
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Prosecution
• Responsibilities include:
 Supervise staff of assistant district
attorneys
 Serve as quasi-legal advisor to police
 File appeals on behalf of the state
 Make presentations to parole boards
• Prosecutorial discretion
• Exculpatory evidence
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Defendant
• Generally must be present at their trials
• Defendants exercise choice in:





Selecting and retaining counsel
Planning a defense strategy with counsel
What information is provided to counsel
What plea to enter
Whether or not to testify
 If convicted, should they appeal
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
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Defense Counsel
• A licensed trial lawyer hired or
appointed to conduct the legal defense
of a person accused of a crime and to
represent him or her before a court of
law
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
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Defense Counsel
• Three systems:
 Assigned counsel
 Public defender
 Contractual arrangements
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Defense Counsel
• Responsibilities:
 Represents the accused
 Ensure the defendant’s civil rights are
not violated during the criminal justice
process
 Participates in plea negotiations
 Prepares a defense
 Calls witnesses
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved
Courtroom Participants
• Lay witness
 Eyewitness, character witness, or other
person called on to testify who is not
considered an expert
 Provides accurate testimony concerning
only those things of which he or she has
direct knowledge
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
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Victims
• Victim assistance programs
 Offer services to victims of crime in the areas
of crisis intervention and follow-up counseling
and that helps victims secure their rights
under the law
• Victim impact statements
• The Justice for All Act of 2004
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
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Courtroom Participants
• Juries
 1215 Magna Carta
 Article III of the United States Constitution
 6th Amendment guarantees the right to
trial by impartial jury in the United States
 Juror
• A member of a trial or grand jury who has
been selected for jury duty and is required to
serve as an arbiter of the facts in a court of
law
Criminal Justice Today, 13th edition
Frank Schmalleger
Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved