Chapter Three: Federal Courts

The Four Primary Types of Jurisdiction Geographical Subject matter Personal Hierarchical Geographical Venue: based on geography; changes can be made for convenience of parties, or to ensure fairness subject matter: the court must have the authority to hear a specific type of dispute; the federal courts are all courts of limited jurisdiction personal: refers to the court’s power over a specific individual or entity 5. hierarchical original jurisdiction appellate jurisdiction Trial and appellate courts

The Tasks of Different Courts Trial Courts Appellate Courts

Case Filings in U.S. Courts 4

Responsibilities of Judges U.S magistrate judges Caseload District judges Circuit judges U.S. Magistrate Courts 1. equivalent to state trial judges of limited jurisdiction, performing quasi-judicial tasks are not Article III judges, but help alleviate district caseloads, may perform almost all tasks carried out by district court judges except for trying and sentencing felony defendants U.S. District Courts 1. appointed by President w/advice & consent of Senate, serve during “good behavior” (for life) 94 districts each with U.S. Attorney, serves at pleasure of President Caseload matters Federal questions Diversity jurisdiction Prisoner petitions U.S. Courts of Appeals 1. 179 judges, 12 circuits (11 geographic, D.C. Circuit) because so few cases go to the U.S. Supreme Court, the Circuit Courts of Appeal serve as the court of last resort for the majority of federal cases U.S. Supreme Court

Responsibilities of Judges Supreme Court justices Certiorari The Rule of Four Caseload 1. 9 justices (eight associate justices and one chief justice), lifetime tenure selects which cases it will hear (almost all jurisdiction is discretionary) writ of certiorari filed rule of four applies decides about 80 cases a year

Federal Question Jurisdiction Cases Suits between states Ambassadors and other high-ranking public figures Federal crimes Bankruptcy Patent, copyright, and trademark cases Admiralty Antitrust Securities and banking regulation Other cases specified by federal statute

Impact of Federal Courts on Criminal Justice Administration The Constitutionalization of Criminal Procedure Discrimination laws Civil rights cases

Impact of Federal Courts on Criminal Justice Administration The Constitutionalization of Criminal Procedure Prisoner petitions Habeas corpus Motion to vacate sentence Mandamus Section 1983 Bivens action

U.S. Courts of Appeals Established 1891 Intermediate appellate courts Currently thirteen circuits Three-judge panels Caseload

U.S. Supreme Court Court of last resort Appointed by the President of the United States Created by Article III of the U.S. Constitution Caseload

Specialized Courts 12

Federal Judicial Administration Various agencies and their responsibilities Chief Justice Judicial Conference of the United States Administrative Office of the U.S. Courts Federal Judicial Center Judicial Councils U.S. Sentencing Commission

Major Problems Facing Federal Courts Caseloads Increase the number of federal judges Reduce federal jurisdiction Consequences Forum for symbolic politics Federal dollars Consequences of significant federal involvement in the criminal justice system Limited scope of federal law, as most crimes are violations of state laws Federal government is a focal point for symbolic politics and interest groups Federal dollars—unlimited demands but limited resources   VIII. Crime and federal courts today are significant issues A. Crime is and will continue to be a major political issue Federal courts are a relatively small part of the nation’s judicial system

Chapter Four: State Courts

Four Layers of Typical State Courts Trial courts of limited jurisdiction Trial courts of general jurisdiction Intermediate appellate courts Courts of last resort

Trial Courts of Limited Jurisdiction First Level – Lower Courts Limited jurisdiction to hear low-level offenses > 61 million matters a year Mostly traffic cases (41 million) States have two types of trial courts. Trial courts of limited jurisdiction Trial courts of general jurisdiction   Like the federal courts, state courts hear two main types of cases. Criminal cases: state courts deal with a high percentage of street crimes Civil cases: dominate the dockets of major trial courts Domestic relations, estate, and personal injury

Trial Courts of General Jurisdiction Second Level – Major Courts Geographical jurisdiction defined on existing political boundaries Criminal Cases State courts typically hear street crimes cases Most criminal cases do not go to trial Civil Cases Dominate the dockets of most trial courts Domestic Relations Estate Personal Injury ≈ 31 million cases each year Decision isn’t guilty or not guilty but what penalty should be applied after plea

Intermediate Courts of Appeals State intermediate courts of appeals hear appeals from trial courts A. not all states have them, in which case the state supreme court handles all appeals, and has no power over its docket B. Organization in some states is regional, in others statewide C. Some courts hear both criminal and civil cases, while some states have a bifurcated system. D. Their work is primarily error correction after review of trials to ensure fairness E. Represent the final state of the process for most litigants in states which have them. 19

State Supreme Courts States with an intermediate appellate court Discretionary docket States without an intermediate appellate court Not a discretionary docket Every state has a court of last resort. A. Criminal/civil vs. bifurcated system B. Docket discretion varies between states

Court Unification Key components Unified court system Simplified court structure Centralized Administration Rule making Judicial budgeting Statewide financing

Problem-Solving Courts Therapeutic Jurisprudence Immediate Intervention Non-adversarial adjudication Hands-on judicial involvement Treatment programs w/clear & structured goals Team approach Drug Courts Domestic Violence Courts Mental Health Courts Therapeutic jurisprudence Immediate intervention Nonadversarial adjudication Hands-on judicial involvement Treatment programs with clear rules and structured goals A team approach of judge, prosecutors, defense counsel, treatment provider and correctional staff Drug Courts: assist with managing case load and high number of specific type of cases, ‘war on drugs’ Domestic Violence Courts