1. Courts and the Quest for Justice Chapter 8

2. Functions of the Courts The Due Process Function – Primary concern of courts is to protect “Individual from the power of the state” Government has immense resources and power 1.Right to council (attorney) 2.Right to a jury trial 3.Protection of self incrimination The Crime control function – Be fair to accused as well as SOCIETY – Still punish but ensure constitutional rights have not been eroded

3. Functions of the Courts The Rehabilitation Function – Based on “medical model”, courts seen as a physician that treats the sick (accused) Save taxpayers money? The Bureaucratic Function – Courts need to have speed and efficiency – Many believe justice is secondary to wrapping up a case before 6pm

4. Basic Principles of the American Judicial System Jurisdiction- Authority of a court to hear and decide cases within an area of the law or geographic area. – Stafford County – Virginia State Courts – U.S. District Court (FEDERAL, 4 th Eastern District) – U.S. Supreme Court

5. Basic Principles of the American Judicial System

8. Most Criminal Laws are State Laws – Though there are federal laws that mirror state laws, some contradict-ie. marijuana Concurrent Jurisdiction – States can have concurrent as well – Some states have passed laws in which they have jurisdiction over their citizens even in other states

9. Basic Principles of the American Judicial System State vs. State Jurisdiction – Phillip Greaves case Lived in Colorado Sold his pedophilia book to a Florida detective Charged in Florida – Extradition- process by which one jurisdiction surrenders a person accused or convicted of violating another jurisdiction’s criminal law to the second jurisdiction – The accused can face multiple trials for similar crimes in different jurisdictions Waste of time/money or sense of closure for victims?

10. Basic Principles of the American Judicial System International Jurisdiction – International law allows countries to create and enact criminal law for its territory as well as some behaviors that occur outside its territory. IE. Tourists being killed in another country or citizens going to another country to have sexual relations with a minor Subject matter jurisdiction – Restrict cases they may hear

11. Basic Principles of the American Judicial System – Virginia General District Traffic/Criminal Court Circuit Court Trial and Appellate courts – Trial Courts where cases begin and questions of facts are examined – Appellate courts Review decisions made by lower courts (Court of Appeals)

12. Basic Principles of the American Judicial System Appellate courts – Do not determine guilt or innocence, only make judgements on questions of procedure – Cases sent back to trial court for new trial – Judges write an opinion supporting their decision,

13. State Court Systems May contain several levels – Lower courts/limited jurisdiction – Trial courts – Appellate courts – Highest courts Magistrate courts – Limited jurisdiction/judicial authority within particular geographic area

14. State Court Systems Specialty Courts – Drug courts – Gun courts – Juvenile – Domestic – Mental health Appellate Courts – Highest level

15. Federal Court Systems U.S. District Courts – Encompass multiple states/geographic areas – Cases involving violations of federal law begin here – 4 th Eastern District U.S. Court of Appeals – 13 courts, located within their district

16. Federal Court Systems U.S. Supreme Court – Highest level of federal court – Hears all high profile cases regarding constitutional rights Criminal cases Roe vs. Wade Will decide in June?? on Gay Marriage

17. Federal Court Systems Judicial Review – Power held by U.S. Supreme court to also review actions of Executive/Legislative branches for Constitutionality Supreme Court Justices – 9 Justices (1 Chief, 8 Associate – Appointed for life

18. Federal Court Systems Writ of certiorari – Request from higher court for the record of a case—willingness to review case – “Rule of Four” At least four justices must approve hearing a case Approximately 75-80 cases a year, though thousands of requests Denials do not mean the case has no merit – Does case involve substantial federal question

19. Federal Court Systems Supreme Court Decisions – Oral Arguments-verbal arguments presented in person to appellate court on why court should rule in their favor – Concurring Opinions-Separate opinions prepared by judges who support the decision of the majority but want to clarify particular point or voice disapproval of the grounds on which decision was made

20. Federal Court Systems Supreme Court Decisions – Dissenting Opinions-Separate opinions in which the judges disagree with the conclusion reached by the majority and expand on their own views Judges – Held to extremely high standard – Must be just and above the “bickering”

21. Responsibilities of Trial Judges Before trial – Sufficient PC for arrest or search warrant – PC for electronic surveillance – Evidence to justify temporary incarceration – Should there be bail – Pretrial motions – Plea bargain

22. Responsibilities of Trial Judges During the Trial – “referee” – Neutral – Teacher of points of law – Make decision of guilt/innocence and sentences Administrative Role – Scheduling docket – continuances

23. Selection of Judges Partisan Elections – Candidates on ballot receive support from political parties (Republican/Democrat/Independent) Non Partisan Elections – Presented on ballot without any party affiliation Federal Judges – Nominated by president – Senate Judiciary Committee conducts hearing (vetting of judges) – Senate votes to confirm

24. Selection of Judges Removal of Judges – Judicial misconduct-accepting bribes, consorting with felons, anything that diminishes public confidence – Impeachment-formal process of which official is charged that could lead to removal

25. Selection of Judges Diversity on the Bench – Often seen as upper class, white attorney – Only two black Supreme court Justices Thurgood Marshall Clarence Thomas(current) – Only four women Sandra Day O’Connor Ruth Bader Ginsburg (current) Sonia Sotomayor (current/1 st Hispanic) Elena Kagan (current)

26. Selection of Judges Only limited pool of minority attorneys who have POLITICAL ties Recently minority graduates have increased

27. Member of the Courtroom Bailiff-maintains security of court, chambers, usually sheriff, sometimes employee of court Clerk of the court-responsible for all paperwork, issues subpoenas Court reporters-record every word that is said during trial

28. Courtroom Work Group Judge controls how courtroom is room – Tightship or laid back – Based on personal philosophy – Attorneys base strategies on judges philosophy or even judge shop

29. Assembly Line Courts Excessive case loads Often impression is that courts are more interested in speed and not true justice Many plea bargains for reduced sentences in order to use less court time