Court and Adjudication Structure of American Courts Management of Courts To Be a Judge Prosecutorial Systems Defense Attorneys The Courtroom: How it Functions

Dual Court System Federal Court System State Court Systems Jurisdiction over federal crimes Jurisdiction over state crimes

Four Tier Court System Lower Criminal Courts These courts are limited in what they can do. They generally can hear minor cases and conduct some pretrial activities for more important ones. Lower Courts This is also referred to as limited jurisdiction!

Courts of Record Official court records that can suffice as a record of the proceedings of a case and can serve as the basis for an appeal. Some lower courts do not have this distinction.

State Trial Courts ä General authority to conduct trial and pretrial activities in all criminal cases. ä These are courts of record. ä Hear “appeals” from lower courts in the form of “trial de novo.” ä Jurisdiction over felonies Trial Courts of General Jurisdiction

State Appeals Court Appellate courts do not try a case. An appeal is based on some contention of law. Many times more than one judge reviews a case. Appellate Courts

States Court of Last Resort Each State has a court of last resort. In most instances, this is referred to as the State Supreme Court.

Appellate Courts Rights of appeal determined by law. Appeal is not a new trial. Review of previous trial for procedural errors. May be 2 levels of appeals courts. Order a new trial Allow defendant to go free Uphold (sustain) original verdict Appellate Court Decisions

Federal Court Structure United States Supreme Court United States Courts of Appeal United States District Courts

Federal Court Structure United States District Courts Each state has at least one Federal District 94 Districts throughout the U.S. Primary trial court of the U.S. system

Federal Court Structure United States Courts of Appeal Also called the Circuit Courts because the jurisdiction covers a large geographical area Usually located in major cities Reviews cases from lower court Cases involve constitutional issues

Federal Court Structure United States Supreme Court Highest court in the land; court of last resort (landmark decisions) Decisions become precedents (landmark decisions) May choose to hear/not hear most cases Uses writ of certiorari to get case records

9 Justices (1 Chief Justice, 8 Associate Justices) Full Court hears about 100 cases per year 4 Justices must vote to hear a case Majority, minorities & dissenting opinions Federal Court Structure United States Supreme Court

Role of the Judge

Functions of the Judge Adjudicator Negotiator Administrator

What Do Judges Do? Pre-arrest phase Initial Appearance Preliminary Hearing Arraignment Pretrial Trial Sentencing

How to Become a State Judge Gubernatorial Selection Legislative Selection Merit Selection Nonpartisan Election Partisan Election

Judicial Qualifications Qualifications vary by state Typical qualifications include: –resident of the state –licensed to practice law –member of the state bar association –25 years old or older –less than 70 years old

Selecting Federal Judges Appointed by the President Confirmed (advice and consent) of the Senate Serve for a period of good behavior (normally life)

Prosecution and Defense Prosecution –Organization –Politics –Influence –Roles –Discretion –Relationships –Policies Defense –Image vs. Reality –Role –Realities –Private Counsel –Environment –Counsel for Indigents –Private vs. Public –Competence

Prosecutor Organization U.S. Attorney General County Prosecutor

Politics and Prosecution Generally elected, some appointed Lack of overhead control Party allegiance Stepping stone office

Influence of the Prosecutor Discretionary decisions Low visibility Vague criminal codes Community sentiment

Roles of the Prosecutor Police Counsel Court Officer Politician

Prosecutorial Discretion *Broad Discretion *Relevant Criteria *Methods - Necessarily included offenses - Counts *Limited by Discovery

Key Relationships of Prosecutor

Criminal Defense Attorneys Image (television, movies, literature, etc.) Vital role in system Reality of defense attorney

Private Counsel Cochran Bailey Dershowitz Numbers and Attributes Types Environment

Counsel for the Indigent Constitutional Right Cases –Powell v. Alabama –Betts v. Brady –Gideon v. Wainwright –Argersinger v. Hamlin –Present Rule

Defense Attorney Performance Private vs. Public “P.D.” = public defender or prison delivery Attorney competence Strickland v. Washington (1984) requires: – show counsel’s performance deficient; and –deficient performance prejudiced defense

Realities of the Criminal Court System Realities of the Criminal Court System A local legal culture exists where norms are shared by members as to how cases should be handled. The courts are often a scene where an atmosphere exists to “work things out” among the participants. The use of plea negotiations and other nonjudicial alternatives to “work things out” is more common than a formal trial process.