Federalism, Court Systems, and The Criminal Justice Process

1. 2 Federalism, Court Systems, and The Criminal Justice Process

2. Jurisdiction, Federalism, and Sovereignty • Due to past abuses by the Crown, framers of the Constitution specifically precluded an autocratic system in which a federal government exercised complete control over the constituents. • Instead, they carefully crafted a document that would recognize state sovereignty.

3. Federalism • A system of government of constitutionally divided sovereignty in which power is vested in a central governing body constituent political units (such as states)

4. Distribution of Powers • Exclusive powers • Shared powers • Denied powers • Enumerated powers • Implied powers

5. Federalism and Criminal Law • States may extend additional rights to their citizenry, but may not reduce those guaranteed by the federal government. • Courtroom procedures, rules of evidence, and even judiciary structures vary widely across the United States.

6. Federalism and Criminal Law • The vast majority of criminal acts in the United States are a violation of state statutes, while only a minority constitutes federal crimes.

7. Federalism and Criminal Law • In some cases, a particular act in question may violate both state and federal criminal codes. • Due to the separate sovereigns exception to the Fifth Amendment, a perpetrator may be charged and tried in both jurisdictions for the same act.

8. Federalism and Criminal Law • Criminal laws may be enacted by the federal government for: • Regulation of interstate and foreign commerce • Protection of civil rights

9. Federalism and Criminal Law • Criminal laws may be enacted by the federal government for: • Protection of the federal government itself, federal employees, and administration of federal functions • The enactment of laws for non-state jurisdictions

10. Law Enforcement in the United States • There are more than 18,000 law enforcement agencies in the United States. • These include municipal, county, state, tribal, university, and federal agencies. • The vast majority of these agencies are local in nature and enforce state statutes and local ordinances.

11. Law Enforcement in the United States • State agencies are tasked exclusively with enforcement of state codes. • Patrol or traffic enforcement, multiservice or general powers, or investigative • Federal law enforcement agencies enforce federal law. • They are created and empowered by Congress.

12. The Federal Courts • Judiciary Act of 1789 • Established federal court system • District courts (courts of general jurisdiction) have the authority to hear most categories of federal cases, both civil and criminal in nature. • 94 federal judicial districts

13. The Federal Courts • District courts (courts of general jurisdiction) have the authority to hear most categories of federal cases, both civil and criminal in nature. • 2 special trial courts: (1) Court of International Trade (2) U.S. Court of Federal Claims

14. The Federal Courts • To alleviate the caseloads placed upon district judges, federal magistrates now handle arraignments, preliminary matters, certain types of civil cases, and lesser criminal cases. • For the most part, district judges handle felony cases and civil jury trials.

15. The Federal Courts • Court of Original Jurisdiction • The court that has the authority to hear a case first. • In criminal cases, trial courts have original jurisdiction.

16. Appellate Courts • Federal Circuit Court • An intermediate appellate court of the U.S. federal court system that decides appeals from the district court within its particular judicial circuit • A total of 13 circuit courts exist—11 regional courts, plus 1 for the District of Columbia and 1 for the Court of Appeals for the Federal Circuit.

17. The United States Supreme Court • The Supreme Court is highest appellate court (court of last resort). • 1 chief and 8 associate judges • Nominated by Senate and approved by President • Life term • Petition for a writ of certiorari: request for hearing

18. The United States Supreme Court • The Supreme Court is highest appellate court (court of last resort). • Hears cases in which it has original jurisdiction; • In which there is a constitutional issue; • In which there are diverse rulings among lower courts

19. State Courts • Most criminal and civil cases are heard and ruled upon within state courts. • Nearly 100 million cases per year are filed.

20. State Courts • Generally 4 types of state courts • Courts of limited jurisdiction • Courts of general jurisdiction • Intermediate appellate courts • Courts of last resort

21. Courtroom Actors • Prosecutor • Represent the state • Also known as district attorneys, solicitors, state's attorneys, and commonwealth attorneys

22. Courtroom Actors • Defense Attorney • Serve as both counselor and advocate to the accused • Poor defendants have right to be represented by either a public defender or appointed counsel.

23. Courtroom Actors • Judge • Serves as referee • Evaluates admissibility of evidence • Interpreters of the law • Determination of witness competence and expert witness qualification • Provides jury instructions

24. Selection of Judges • Federal judges are appointed. • Appointments are made in many states, but many states use popular election or the Missouri plan.

25. The Criminal Justice Process • Pretrial proceedings • Complaint • Filed by citizens, police, or prosecuting attorney • Arraignment • Fingerprints, mugshot, charges explained • Bail set • Next appearance scheduled

26. The Criminal Justice Process • Pretrial proceedings • Pleas • Entered during arraignment • Guilty, not guilty, not guilty by reason of affirmative defense, or nolo contendere (no contest)

27. The Criminal Justice Process • Affirmative defense • Legal justification for one's actions • Common affirmative defenses include insanity, entrapment, coercion/duress, necessity, and self-defense.

28. The Criminal Justice Process • Plea bargaining • The process through which an individual pleads guilty to a particular offense with some understanding of probable sentence

29. Motions and Duty to Discourse • Motion • Formal request to the court to perform a certain action or make a ruling in a particular matter • Examples include requests for physical or mental examinations, summary judgment, change of venue, dismissal, suppression of evidence

30. Motions and Duty to Discourse • Motions to suppress • Requests by counsel to prevent the introduction of a specific piece of evidence • Motions to discover • To compel other side to share info they have not shared freely

31. Preliminary Hearings/Grand Juries • Both preliminary hearings and grand juries may be characterized as probable cause hearings. • Preliminary Hearing • Grand Jury

32. Juries • The Sixth Amendment to the U.S. Constitution provides that all criminal defendants in the United States shall have the right to a "…speedy and public trial, by an impartial jury…" • Such a jury is known as a petit jury, and it may be used in criminal and civil cases. • In criminal cases, the petit jury is the body that determines guilt.

33. The Trial • Opening statements • Introducing their cases to jury • Presentment of evidence • Initiated by prosecution • Can be direct, circumstantial, demonstrative, real, testimonial and/or scientific evidence

34. The Trial • Closing arguments • Summary of the case which has been presented

35. The Trial • Instructions to the jury • Judge provides information necessary to determine if act was unlawful; substantive principles of law, definitions of standards of proof, and allocation of burden • Deliberations • Verdict, hung jury, mistrial

36. The Trial • Sentencing • Usually occurs immediately after guilty verdict • Mitigating and aggravating circumstances

37. Post-Trial Motions and Appeals • Individuals who are convicted by a trial court may appeal such conviction for a variety of reasons. • Appeals are initiated upon the filing of a brief.