Criminal Justice Today Twelfth Edition CHAPTER Criminal Justice Today: An Introductory Text for the 21 st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved The Courts: Structure and Participants 9

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Chapter Agenda Summarize the development of American courts, including the concept of the dual-court system Describe a typical state court system, including some of the differences between the state and federal court systems Describe the structure of the federal court system, including the various types of federal courts

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Chapter Agenda Identify all typical job titles of the courtroom work group members Describe the roles of professional members of the courtroom work group Describe the roles of outsiders, or nonprofessional courtroom participants

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Summarize the development of American courts, including the concept of the dual-court system

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Judiciary Act of 1925 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: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Describe a typical state court system, including some of the differences between the state and federal court systems

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved The State Court System Jurisdiction Original jurisdiction Appellate jurisdiction Trial courts State appellate court Dispute resolution centers Community courts

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved State Law Civil Law  Must be initiated by private parties  Punishments include fines or payment for injuries/damages  Defendant cannot be sentenced to jail  Preponderance of evidence is standard of proof

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved State Law Criminal Law  Initiated by the criminal justice system  Punishments can include fining, sentencing to imprisonment, and even execution  The standard of proof is finding the person guilty beyond a reasonable doubt

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Describe the structure of the federal court system, including the various types of federal courts

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved The Federal Court System U.S. District Courts U.S. Court of Appeals U.S. Supreme Court

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Identify all typical job titles of the courtroom work group members

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved The Courtroom Workgroup Judge Prosecution Defense counsel Bailiff Clerk Stenographer Witnesses

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Describe the roles of professional members of the courtroom work group

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved 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: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 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: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved 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: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Prosecution Responsibilities include:  Supervise staff of assistant district attorneys  Serve as quasi-legal advisor to police  Files appeals on behalf of the state  Makes presentations to parole boards Prosecutorial discretion Exculpatory evidence

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved 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 Ensure the defendant’s civil rights are not violated during the criminal justice process

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Defense Counsel Three systems  Assigned counsel  Public defender  Contractual arrangements Responsibilities  Represents the accused  Participates in plea negotiations  Prepares a defense  Calls witnesses

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Learning Objective Describe the roles of outsiders, or nonprofessional courtroom participants

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 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  Provide accurate testimony concerning only those things of which he or she has direct knowledge Victims’ assistance programs Victim impact statements The Justice for All Act of 2004

Criminal Justice Today: An Introductory Text for the 21st Century, 12e Frank Schmalleger Copyright © 2014 by Pearson Education, Inc. All Rights Reserved 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