Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter 7: Judges and Justices in the States The Structure of State Courts How Judges Are Chosen The Criminal Justice System Prisons Judicial Reform

Structure of State Courts LO 7.1 Outline the structure of a state court system. Structure of State Courts--names vary Minor Courts Municipal courts/magistrates/small claims Trial Courts County, circuit, superior, district, common pleas courts Appellate Courts Court of last resort LO 7.1 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

State Courts and Politics--differ from federal courts in 3 ways 1.State judges are more likely to decide cases involving their legislative and executive branches. 2.State judges are not constrained by doctrine of federalism when dealing with local units. 3.State supreme court can give advisory opinions. Structure of State Courts LO 7.1 Back to learning objectives

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How Judges Are Chosen LO 7.2 Evaluate the different methods of selecting judges. Four Ways State Judges are Chosen Appointment by the Governor (8 states) Election by the Legislature (2 states) Popular Election (85% face elections) Modified Appointment (Mo.) Plan (16 states) What difference does it make? Elections promote controversial promises Raising $ from interests endangers neutrality District lines and the Voting Rights Act LO 7.2 s

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The Criminal Justice System LO 7.3 Describe the roles of the participants in the criminal justice system. Loosely connected institutions Juries—at least 6; unanimity not required Prosecutors—discretionary charging Defense counsels Public defenders or assigned “pro bono” Victims – rights vary by state Defendants – getting bail is critical; rights?bail Most cases plea bargained—5-10% trials LO 7.3 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Prisons LO 7.4 Assess the controversy over the increased use of imprisonment. Two major types Prisons are for committed criminals serving long sentences. Jails are for short-term stays for people awaiting trial and those with sentences of a year or less. Probation—supervised in community Parole—supervision after serving term Overcrowding (2.5 million) /cost / privatization / recidivism LO 7.4

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Judicial Reform LO 7.5 Evaluate the proposals and goals of the judicial reform movement. Judicial Reform Litigious society—”sue the B…’s” Alternative dispute resolution (ADR) Mediation—voluntary, not bindingMediation Arbitration—can be non-vol & bindingArbitration Private judging—”rent-a-judge” No-fault auto insurance LO 7.5 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 7.5 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

____ courts handle felonies. A.Minor B.Trial C.Appellate D.Municipal LO 7.1 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman ____ courts handle felonies. A.Minor B.Trial C.Appellate D.Municipal LO 7.1 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which of the following is the least used to select judges? A.Appointment by governor B.Election by legislature C.Popular election D.Missouri Plan LO 7.2 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which of the following is the least used to select judges? A.Appointment by governor B.Election by legislature C.Popular election D.Missouri Plan LO 7.2 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

___ percent of people are tried before a judge and jury. A.5 – 10 B.20 – 25 C.45 – 50 D.60 – 75 LO 7.3 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman ___ percent of people are tried before a judge and jury. A.5 – 10 B.20 – 25 C.45 – 50 D.60 – 75 LO 7.3 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Most incarcerated people are in ____. A.Federal prisons B.State prisons C.Local jails D.Juvenile detention centers LO 7.4 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Most incarcerated people are in ____. A.Federal prisons B.State prisons C.Local jails D.Juvenile detention centers LO 7.4 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Litigious society includes ____. A.Crowded dockets B.Costly relief C.Common delays D.All of the above LO 7.5 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Litigious society includes ____. A.Crowded dockets B.Costly relief C.Common delays D.All of the above LO 7.5 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Photo Credits 138: Teri Stratford/Six-Cats Research Inc. 141: Billy E. Barnes/Photoedit 144: Tony Freeman/ Photoedit 145: Photo by Robert Laughon Jr. 148: Tony Gutierrez/AP Photo 149: Scott T. Baxter/Photodisc/Getty Images