Presentation is loading. Please wait.

Presentation is loading. Please wait.

Chapter 7 Courts, Prosecution, and the Defense

Similar presentations

Presentation on theme: "Chapter 7 Courts, Prosecution, and the Defense"— Presentation transcript:

1 Chapter 7 Courts, Prosecution, and the Defense

2 Learning Objectives Be familiar with the role of the court in the justice process. Recognize the varying structures of state and federal court systems. Describe the selection and duties of prosecution. Discuss the role and duties of prosecutors. Be familiar with the pros and cons of prosecutorial discretion.

3 Learning objectives Understand the role of the defense attorney in the justice process. Discuss the different forms of indigent defense. Debate the pros and cons of private attorneys. Be familiar with the expanding role of technology in the court process.

4 State Courts Each state has its own No two are alike
Deal with variety of cases ranging from homicide to property maintenance

5 Courts of limited jurisdiction Courts Of General Jurisdiction
State Courts Types of State Courts Courts of limited jurisdiction Specialized Courts Courts Of General Jurisdiction Appellate Courts

6 Model of a State Judicial System

7 Courts of Limited Jurisdiction
Organized at a municipal or county level Restricted in the types of cases they hear Sentencing options are restricted Includes specialized courts

8 Courts of General Jurisdiction
Serious felony cases and civil cases with damages over a specified amount

9 Appellate Courts Each state has at least one level of appellate court
Reconsiders a case that has been tried in order to determine whether the measures used complied with accepted rules of criminal procedure and were in line with constitutional doctrines

10 Federal Courts Jurisdiction:
U.S. laws and treaties Maritime controversies between 2 or more states There is a 3-tiered hierarchy of court jurisdiction U.S. District Courts U.S. Courts of Appeals U.S. Supreme Court

11 The Federal Judicial System

12 U.S. District Courts The trial courts of the federal system
Jurisdiction over violations of federal law Inter-state lawsuits or cases where federal government is a party to the suit Jurisdiction may overlap that of state courts

13 U.S. Court of Appeals Review federal and state appellate court cases when there is a federal issue present Does not retry the case or review the facts – only matters of procedure and substance of the law

14 The U.S. Supreme Court The nation’s highest appellate body
Court of last resort for all cases tried in federal and state courts Nine justices appointed for life by the President with approval of Congress Discretion to choose which cases it will hear

15 The Judge and the Justice System
Primary duty - oversee the trial process Decides case in bench trials Determines the sentence (except in capital cases) Informal roles: Good relations with court working group Discretion guided by legal requirements Personal sense of justice in sentencing Exert influence over police and prosecutors

16 Judicial Qualifications and Selection
Federal Judge Appointed by the President with advice and consent of Senate U.S. Magistrate Judge Appointed by district court judges

17 Judicial Selection Systems
Appointment Popular election Nonpartisan election Missouri Plan

18 The Prosecutor Represents the public in criminal trials
Advises law enforcement during investigations Acts as legal advisor to elected officials

19 Types of Prosecutors U.S. Attorney Federal Prosecutor Attorney General

20 Prosecutorial Discretion
Great deal of discretion Decision Options Go forward and charge the defendant to court Nolle prosequi Negotiate Plea bargain

21 Factors Influencing Prosecutorial Discretion
Legal Victim Extralegal Resource

22 Prosecutorial Ethics Obligation is to seek justice and convict guilty

23 Prosecutorial Misconduct
Includes: Making disruptive statements in court Failing to adhere to sentence recommendations after a plea bargain Representing a criminal defendant currently under indictment in a private manner Making public statements harmful to the office of the district attorney Withholding evidence that may exonerate a defendant

24 The Defense Attorney Counterpart of prosecuting attorney in criminal process Accused has constitutional right to counsel (6th Amendment) If defendant is indigent, public defender may be assigned by court Must uphold integrity of the legal profession Must observe ABA Code and provide zealous defense within boundaries of law

25 The Right to Counsel Sixth Amendment provides for counsel at trial
Legal services for poor: Gideon v. Wainwright Argersinger v. Hamlin

26 Types of Defense Attorneys
Public Defender Assigned Counsel Contract Counsel Private Attorney

27 The Competence of Defense Attorneys
Inadequate/incompetent counsel would involve: Refuse to meet with client Fail to cross-examine witnesses Fail to investigate case Poor advice to client Misjudge admissibility of evidence Conflict of interest between co-defendants’ counsel

28 Court Administration States have been slow to apply court management principles All states now have some form of court administration

29 Using Technology in Court Management
Maintain case history and statistical reporting Monitor and schedule cases Prepare documents Index cases Issues summonses Notify witnesses, attorneys, etc., of required appearances Select and notify jurors Prepare and administer budgets

30 Developing Areas of Court Technology
Communications Videoconferencing Evidence presentation Case management Internet utilization Information sharing Cameras in court

Download ppt "Chapter 7 Courts, Prosecution, and the Defense"

Similar presentations

Ads by Google