The Courts: Structure and Participants 9 The Courts: Structure and Participants

American 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

The State Court System Jurisdiction The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution

The State Court System Original jurisdiction The lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts The authority may be over a specific geographic area or over particular types of cases

The State Court System Appellate jurisdiction Trial courts The lawful authority of a court to review a decision made by a lower court Trial courts State appellate court The court authorized by law to hear the final appeal on a matter

The State Court System Dispute resolution centers Informal hearing places designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court

The State Court System Community court A low-level court that focuses on quality-of-life crimes that erode a neighborhood’s morale Community courts emphasize problem solving rather than punishment Build on restorative principles such as community service and restitution

The State Court System Specialized court A low-level court that focuses on relatively minor offenses and handles special populations or addresses special issues such as reentry

The Federal Court System U.S. District Courts Trial courts of the federal court system Includes bankruptcy court During 2012, 75,290 criminal cases and 285,260 civil cases were filed in U.S. district courts Administrative Office of the U.S. Courts, “U.S. District Courts—Criminal Cases Commenced, Terminated, and Pending during the 12-Month Periods Ending March 31, 2011 and 2012,” http://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2012/tables/D00CMar12.pdf

The Federal Court System U.S. Court of Appeals Hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies Usually fall into three categories: Frivolous Ritualistic Nonconsensual

The Federal Court System U.S. Supreme Court Greatest authority lies in its capacity for judicial review of lower-court decisions and state and federal statutes Writ of certiorari Issued to a lower court when the supreme court agrees to hear a case There are approximately 5000 requests for cases to be heard each year, and the court will hear about 200

The Courtroom Workgroup Judge Prosecution Defense counsel Bailiff Clerk of Court Stenographer or court reporter Expert witnesses

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

Judges Federal Judges State Judges Nominated by President Confirmed by Senate State Judges Popular election Gubernatorial appointment Missouri Plan

Prosecution Prosecutor State has the burden of proof 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

Prosecution Responsibilities include: Prosecutorial discretion Supervise staff of assistant district attorneys Serve as quasi-legal advisor to police File appeals on behalf of the state Make presentations to parole boards Prosecutorial discretion Exculpatory evidence

Defendant Generally must be present at their trials Defendants exercise choice in: Selecting and retaining counsel Planning a defense strategy with counsel What information is provided to counsel What plea to enter Whether or not to testify If convicted, should they appeal

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

Defense Counsel Three systems: Assigned counsel Public defender Contractual arrangements

Defense Counsel Responsibilities: Represents the accused Ensure the defendant’s civil rights are not violated during the criminal justice process Participates in plea negotiations Prepares a defense Calls witnesses

Courtroom Participants Lay witness Eyewitness, character witness, or other person called on to testify who is not considered an expert Provides accurate testimony concerning only those things of which he or she has direct knowledge

Victims Victim assistance programs Victim impact statements Offer services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law Victim impact statements The Justice for All Act of 2004

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