Courts and the Judicial System Chapter 8 In Your Textbook John Massey Criminal Justice

Jurisdiction You must understand jurisdiction You must understand jurisdiction The authority of a court to hear and decide cases within an area of law or geographical territory.The authority of a court to hear and decide cases within an area of law or geographical territory. All jurisdiction is limitedAll jurisdiction is limited Examples:Examples: Local courts: jurisdiction over localities (counties/towns, ex: Roanoke County)Local courts: jurisdiction over localities (counties/towns, ex: Roanoke County) State trial courts: jurisdiction over certain crimes in certain areas of the state (regional, ex: Southwest VA)State trial courts: jurisdiction over certain crimes in certain areas of the state (regional, ex: Southwest VA) State Supreme Court: jurisdiction over entire state (ex: Virginia)State Supreme Court: jurisdiction over entire state (ex: Virginia) US Supreme Court: - jurisdiction over the entire countryUS Supreme Court: - jurisdiction over the entire country

Local Courts Two main types Two main types (1) Trial Courts and (2) Appellate Courts (1) Trial Courts and (2) Appellate Courts Trial Courts Trial Courts Where most cases usually beginWhere most cases usually begin Questions of factQuestions of fact What happened? Guilt v. InnocenceWhat happened? Guilt v. Innocence Appellate Courts Appellate Courts Reviewing courtsReviewing courts Trial court appeals advance to appellate courtTrial court appeals advance to appellate court

Dual Court System & VA Court System Dual Court System Dual Court System - separate but related system used in the United States - separate but related system used in the United States - establishes courts on national and state levels - establishes courts on national and state levels - each have limited jurisdiction - each have limited jurisdiction Virginia State Court System Virginia State Court System - Lower Courts – limited jurisdiction (domestic issues, limited civil, criminal cases) - Lower Courts – limited jurisdiction (domestic issues, limited civil, criminal cases) - Trial Courts of General Jurisdiction – (General District Court) - Trial Courts of General Jurisdiction – (General District Court) - Appellate Courts – (Circuit Court of Appeals - Appellate Courts – (Circuit Court of Appeals - High Courts – Virginia State Supreme Court - High Courts – Virginia State Supreme Court

U.S. Federal Court System District Court District Court Court of Appeals Court of Appeals Supreme Court Supreme Court Federal Judges: Federal Judges: Appointed by President, Approved by SenateAppointed by President, Approved by Senate Federal Courts: Federal Courts: Operate in same order as state courtsOperate in same order as state courts Supreme Court: Supreme Court: cases each year cases each year Impact on policy (ex: Miranda, Bush v. Gore)Impact on policy (ex: Miranda, Bush v. Gore) Two ways to impact policy: Two ways to impact policy: Judicial Review: determine a law or action’s (by other branches of government) Constitutionality Judicial Review: determine a law or action’s (by other branches of government) Constitutionality Interpret the law: cases on appeal, Justices interpret the law and decide Constitutionality Interpret the law: cases on appeal, Justices interpret the law and decide Constitutionality

More on the Supreme Court “Final Interpreter of the Constitution” “Final Interpreter of the Constitution” Nine Supreme Court Justices Nine Supreme Court Justices One Chief, Eight Associate JusticesOne Chief, Eight Associate Justices Writ of CertiorariWrit of Certiorari Judges in the Court System Judges in the Court System Federal: Judges are appointed by President, Approved by SenateFederal: Judges are appointed by President, Approved by Senate States: Partisan & Non-partisan electionsStates: Partisan & Non-partisan elections

Courtroom Workgroup TV & The Media versus The Reality TV & The Media versus The Reality The Courtroom Subculture The Courtroom Subculture Defined: Defined: A cooperative unit whose members establish shared values and methods that help the group efficiently reach its goals.A cooperative unit whose members establish shared values and methods that help the group efficiently reach its goals. The Actors Involved: Judge, Prosecutor, Defense Attorney, and other Court EmployeesThe Actors Involved: Judge, Prosecutor, Defense Attorney, and other Court Employees Baliff:Baliff: Clerk of Court:Clerk of Court: Judge:Judge: Dominant figurehead, most influenceDominant figurehead, most influence Prosecution: Prosecution: Employed by state, local or federal governmentEmployed by state, local or federal government DiscretionDiscretion Often electedOften elected Defense: Defense: Balances power between the state and the defendantBalances power between the state and the defendant MisconceptionsMisconceptions Representing the DefendantRepresenting the Defendant 2 Types of Defense Attorneys (Private, Public)2 Types of Defense Attorneys (Private, Public) 6 th Amendment – right to counsel6 th Amendment – right to counsel

Attorney/Client Relationship Rule of law Rule of law Confidentiality Confidentiality Client CAN consent Client CAN consent The relationship problem when the attorney is a public defender. The relationship problem when the attorney is a public defender.