1. Criminal Justice System and the Courts
Court Systems and Practices

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3. History of the Federal Court System
Article III of the US Constitution established a federal court system
Congress created Article III on Sept. 24, 1789
Congress passed the Judiciary Act of 1789, which established 13 courts, one for each of the original states

4. History of the Federal Court System (continued)
Since 1789 there have been numerous Judiciary Acts passed that continue to define the American Court System
The Supreme Court originally had 6 justices
Originally, there were only three circuit courts with judges being “circuit riders”

5. Structure of the Federal Court System
The structure of the federal court system begins with the magistrate courts and ends with the Supreme Court:
Supreme Court
Appellate Courts
Trial Courts
Magistrate Courts

6. Structure of the Federal Court System (continued)
Magistrate Courts
Created by the Federal Magistrate’s Act of 1968
Magistrates are appointed by a district court judge
Full-time magistrates are appointed to an 8-year term
Part-time magistrates are appointed to a 4-year term

7. Structure of the Federal Court System (continued)
Trial Courts
Are also known as US district courts
There are 94 US district courts covering the US and its territories
The judges are appointed by the US President
Serve a life term
Consent from Congress is required

8. Structure of the Federal Court System (continued)
Court of Appeals
Are also known as Appeals Court, Appellate Court, and Circuit Courts
There are 12 US Regional Circuit Courts of Appeal and one US Court of Appeals for the Federal Circuit and approximately 165 federal courts of appeals judges
The court does not conduct a jury trial but is made up of a panel of judges, usually three
The judges are appointed by the US President
Confirmed by the Senate
Serve a lifetime appointment

9. Structure of the Federal Court System (continued)
US Supreme Court
Is the highest court in the US
Consists of nine justices
A decision of the Supreme Court is final and cannot be overruled
The judges are nominated and appointed by the US President
Confirmed by Senate
Serve a lifetime appointment

10. Function of the Federal Court System (Criminal Law)
Magistrate Courts
Assist the US district courts
May conduct trials in misdemeanors and petty offenses, along with performing in felony cases pretrial duties, such as preliminary hearings, pretrial motions, and conferences
US District Courts
Conduct trials in which there have been violations of federal criminal laws
Conduct arraignments, pleas, and felony trials

11. Function of the Federal Court System (Criminal Law) (continued)
Court of Appeals
The appellate courts hear appeals from the US district courts
Defendants can appeal their cases based on a claim that they were denied a fair trial or the law they were convicted under was unconstitutional
The court must determine:
If the district judge made a judicial error
If the error could have substantially affected the court’s decision
If the answer is “no” to both questions, the appeal is dismissed
If the answer is “yes” to one of the above questions, the court will review the appeal and issue a ruling

12. Function of the Federal Court System (Criminal Law) (continued)
US Supreme Court
As a general rule, agrees to decide on cases where there is a difference of opinion among the courts of appeals, or where there is an important constitutional question or issue of federal law that needs to be clarified
Decides which cases it will hear
Is the legal mediator for lawsuits between states, and between the US and foreign countries
Is the final authority for legal opinions binding on the federal government

13. Function of the Federal Court System (Criminal Law) (continued)
US Supreme Court (continued)
Must review cases when
A federal court has held an act of Congress to be unconstitutional
A US court of appeals has found a state statute to be unconstitutional
A state’s highest court of appeals has ruled a federal law to be unconstitutional
An individual’s challenge to a state statute on federal constitutional grounds is upheld by a state’s highest court of appeals
Once the court makes a ruling, the lower courts, including state courts, have to fall in line with that ruling

14. History of the State Court System
The Texas Supreme Court was established in 1836 after the Texas Revolution
In 1845 the Supreme Court was restructured, and in 1850 the offices of the Supreme Court were filled by elections
In 1876, to relieve the case load of the Supreme Court, the Court of Appeals was created to deal with criminal cases; it was later renamed the Court of Criminal Appeals
In 1980 the previously established courts, the Courts of Civil Appeals, were renamed Courts of Appeals and were designed to relieve the Court of Criminal Appeals’ caseload

15. Structure of the State Court System
Began with the justice or municipal courts and ended with the Texas Supreme Court or the Court of Criminal Appeals:
Texas Supreme Court or Court of Criminal Appeals
Courts of appeals
District courts
County courts
Justice courts or municipal courts

16. Structure of the State Court System (continued)
Justice or Municipal Courts
819 justice courts*
819 judges*
926 municipal courts*
1,559 judges*
Justices of the Peace
Are elected
Do not have to be licensed attorneys
Municipal judges are hired by the city they serve
*Totals are as of March 2013.

17. Structure of the State Court System (continued)
County Courts
509 courts*
254 constitutional county courts (1 per county)
237 statutory county courts*
18 statutory probate courts
Judges are elected
Judges do not have to be licensed attorneys
*Totals are as of March 2013.

18. Structure of the State Court System (continued)
District Courts
456 courts*
456 judges*
359 districts contain one county*
97 districts cover more than one county
Judges are elected
Judges must be licensed attorneys
*Totals are as of March 2013.

19. Structure of the State Court System (continued)
Courts of Appeals
14 courts by region
80 justices
Justices are elected

20. Structure of the State Court System (continued)
Courts of Last Resort for Texas State Courts
Texas Supreme Court
1 court in Austin
9 justices
Are elected
Texas Court of Criminal Appeals
9 judges

21. Function of the State Court System (Criminal Law)
Justice Courts
Class C criminal misdemeanors punishable by fine only (no confinement)
May issue search or arrest warrants
These courts can also handle civil issues, such as issuing marriage licenses and settling small-claims suits

22. Function of the State Court System (Criminal Law) (continued)
Municipal Courts
Class C criminal misdemeanors punishable by fine only (no confinement)
May issue search or arrest warrants
Municipal ordinance offenses:
Punishable by a fine not to exceed:
$2,000 for ordinances that govern fire safety, zoning, and public health; or
$500 for all others

23. Function of the State Court System (Criminal Law) (continued)
County Courts
Constitutional county courts
Preside over Class A and Class B Misdemeanors
Fines greater than $500 or jail sentence
Statutory county courts
Statutory probate courts
Primarily probate matters

24. Function of the State Court System (Criminal Law) (continued)
District courts
All Felony criminal cases
Courts of Appeals
Intermediate appeals from trial courts within district
Texas Supreme Court and Texas Court of Criminal Appeals
Texas Supreme Court
Has final appellate jurisdiction in civil cases and juvenile cases
Responsible for licensing attorneys and attorney discipline
Texas Court of Criminal Appeals
Has final appellate jurisdiction in criminal cases
Hears appeals of death sentence cases

25. Resources
Prentice Hall, Criminal Courts: Structure, Process, and Issues (2nd Edition), 2007, Dean John Champion, Richard D. Hartley, & Gary A. Rabe
United States Courts
Texas Courts Online
Outline of the U.S. Legal System, Bureau of International Information Programs, United States Department of State, 2004,