America’s Dual Court System

2. America’s Dual Court System • The United States has courts on both the federal and state levels. • This dual system reflects the state’s need to retain judicial autonomy separate from the federal government. • Most criminal cases originate within state courts.

3. Jurisdiction • The jurisdictionof a court refers to those cases in which it may exercise lawful authority • Determined by statute or constitution

4. A Typical State Court System FIGURE 9–2 A typical state court system.

5. FIGURE 9–1 The structure of the federal courts. Federal Court System

6. Massachusetts Bay Colony • 1629—Massachusetts Bay Colony created a General Court, which combined legislative and judicial duties. • 1639—County courts were established in the outlying areas. The General Court became primarily a court of appeal.

7. Pennsylvania • Early system based on belief that “Every man could serve as his own lawyer.” • “Common peacemakers” served as referees in disputes. Their decisions were binding.

8. Early Court Systems • Prior to 1776 most colonies restricted the number of lawyers allowed to practice. • Between 1695 and 1769, New York allowed only 41 lawyers to practice law. • Structure of colonial courts were not uniform • No distinction between original and appellate jurisdiction

9. 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. …may be over a specific geographic area or over particular types of cases. Appellate Jurisdiction …the lawful authority of a court to review a decision made by a lower court. Original vs. Appellate Jurisdiction

10. Federal Judiciary Act of 1789 • 3-Tier Model for Court System • Trial courts of limited jurisdiction • Trial courts of general jurisdiction • Appellate courts

11. State Court Systems Today • Many differences among state courts. • Most use the three-tiered structure. • Trial courts of limited jurisdiction • Trial courts of general jurisdiction • Appellate courts • The court reform movement continues today, seeking to simplify and unify court structures.

12. State Trial Courts • Where criminal cases “begin.” • Bail hearings • Arraignments • Enters pleas • Conducts trials • Sentences • Two types of trial courts: • Courts of limited, or special, jurisdiction (lower courts) • Courts of general jurisdiction

13. State Trial Courts: Courts of Limited Jurisdiction • Authorized to hear: • Misdemeanors, family disputes, traffic violations, and small claims • Rarely hold jury trials • Do not maintain records of proceedings (just charge, plea, finding, and sentence) • Less formal than higher courts

14. State Trial Courts: Courts of General Jurisdiction • Also called: high courts, circuit courts, or superior courts. • Formal courts that make full use of juries, witnesses, prosecutors, defense attorneys • Authorized to hear: • Any criminal case • Lower court appeals • Trial de novo

15. Adversarial Process • …pits the interests of the state, represented by prosecutors, against the accused, represented by defense counsel, in a process constrained by procedural rules specified in law and by tradition.

16. State Appellate Courts • 39 states have intermediate and high-level appellate courts (courts of last resorts). • All states have supreme courts.

17. Appeals • Appeals are requests by a defendant to a higher court asking it to review the actions of a lower court. • Some cases (involving death penalty or life sentences) are automatically appealed. • Appellate court reviews transcripts from lower trial courts and may allow both sides to make oral arguments.

18. Appeals: The Results • Most convictions are confirmed. • Some decisions are reversed and cases remanded. • Recourse may be to a state supreme court. • Generally, state supreme court is the court of last resort.

19. Appeals: Moving to the Federal System • Cases can be appealed to the U.S. Supreme Court if they are based on a claimed violation of the defendant’s rights as guaranteed under federal law or the U. S. Constitution.

20. Keeney v. Tamayo-Reyes (1993) • “A respondent is entitled to a federal evidentiary hearing [only] if he can show cause for his failure to develop the facts in the state court proceedings. • “It is hardly a good use of scarce judicial resources to duplicate fact-finding in federal court merely because petitioner has negligently failed to take advantage of opportunities in state court proceedings.”

21. Herrera v. Collins (1993) • Evidence of innocence is no reason for a federal court to order a new trial if constitutional grounds are lacking. • “Where a defendant has been afforded a fair trial and convicted of the offense for which he was charged, the constitutional presumption of innocence disappears.”

22. State Court Administrator’s Duties • Prepare, present, oversee court system’s budget • Analyze case flow and determine allocation of personnel and how to streamline cases • Gather and present statistics • Serve as liaison between legislators and court • Develop and coordinate funding requests • Manage court personnel (promotions, benefits) • Coordinate plans to train judges and other personnel • Assign judges to judicial districts • Review payments to counsel for indigent defendants

23. Dispute Resolution Centers • Offer a way to resolve disputes without a formal hearing • Over 200 programs nationwide • Frequently staffed by volunteers • May or may not be run by the courts • Central feature of restorative justice

24. Community Courts • Low level courts focusing on quality-of-life crimes that erode neighborhood morale • Emphasize problem solving rather than punishment • Build on restorative principles such as community service and restitution

25. The Federal Court System • Established by the U.S. Constitution • Article III, Section 1 • “One Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.”

26. Jurisdiction of Federal Courts • Article III, Section 2 • Federal courts have jurisdiction over cases arising under the Constitution, federal law, and treaties. • Federal courts settle disputes between states and have jurisdiction in cases where one of the parties is a state.

27. Structure of Federal Court System • Three Levels of Courts • U.S. Supreme Court • U.S. Courts of Appeals • U.S. District Courts

28. U.S. District Courts • There are 94 judicial districts • At least 1 district court per state • District courts in Puerto Rico, the • District of Columbia, and other U.S. • Territories • The trial courts of the federal system • Original jurisdiction over all cases involving alleged violations of federal statutes

29. District Court Judges • There are 650 district court judges. • Appointed by the President and confirmed by the Senate • Serve for life • District court judges are assisted by magistrate judges, who: • Conduct arraignments • Set bail • Issue warrants • Try minor offenders

30. U.S. Courts of Appeal: Circuit Courts • There are 13 U.S. Courts of Appeals • The 94 judicial districts are organized into 12 regions (circuits), each with 1 Circuit Court. • The Federal Circuit has 1 U.S. Court of Appeals. • 167 appeals court judges • Review cases on appeal from U. S. district courts and trial-level federal courts

31. FIGURE 9–3 Geographic boundaries of the U.S. courts of appeals. U.S. Circuit Courts of Appeal

32. U.S. Courts of Appeal: Circuit Courts • Have mandatory jurisdiction over decisions of appealed district court cases • Appeals are classified as: • Frivolous • Ritualistic • Nonconsensual • The number of federal criminal appeals reached record high levels in 2005.

33. Right to Appeal • The Constitution guarantees a right to appeal. • A defendant’s right to appeal, however, has been interpreted to mean the right to one appeal. • Therefore, the U.S. Supreme Court does not hear every appeal by defendants dissatisfied with the decision of a federal appeals court.

34. U.S. Supreme Court • The U.S. Supreme Court consists of nine justices: • Eight Associate Justices • One Chief Justice • Justices are nominated by the President, confirmed by the Senate, and serve for life.

35. Jurisdiction of the U.S. Supreme Court • Original jurisdiction • Limited • Reserved for disputes between states and some cases of attorney disbarment • Appellate jurisdiction • Reviews the decisions from U.S. Courts of Appeals and state supreme courts

36. U.S. Supreme Court: Appeals • Of 5,000 annual requests for review, only about 200 are heard. • Four justices must vote in favor of a hearing for a case to be heard. • Usually the Court only reviews cases that involve a substantial federal question. • The Court issues a writ of certiorari to a lower court. • The Court reviews transcripts and hears brief oral arguments.

37. Writ of Certiorari • … a writ issued from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case.

38. Judicial Review • … the power of a court to review actions and decisions made by other agencies of government. • It is probably the U.S. Supreme Court’s greatest power. • Marbury v. Madison (1803)

39. Opinions of the Court • Supreme Court decisions are rarely unanimous. • Types of opinions: • Majority—Justices agree in outcome and reasoning. This is the opinion of the court. • Concurring—Agree with outcome, but for different reasons. • Dissenting—Disagree with outcome.

40. Professional (Courtroom Work Group) Judge Prosecuting attorney Defense attorney Bailiff Court reporter Clerk of the court Expert witnesses Non-Professional (Outsiders) Lay witnesses Jurors Defendant Victim Spectators Press Courtroom Participants

41. The Judge • Primary duty  to ensure justice • Responsibilities include: • 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)

42. The Judge • The chief judge handles administrative responsibilities if there is no court administrator. • The chief judge: • Hires staff • Ensures adequate training of new judges and staff • Generally manages court operations

43. Federal Judges Nominated by President Confirmed by senate State Judges Popular election Gubernatorial appointment Missouri Plan (combines appointment and election) Judicial Selection

44. Missouri Plan • Non-partisan committee creates a list of possible candidates. • Final list sent to governor’s office. • The governor appoints from the list. • After a specified time period, the appointed judge stands for election.

45. Judges: Qualifications • At general and appellate levels: • Be a member of the state bar • Be a licensed attorney • Hold a law degree (in most states) • Attend professional training • In some states, lower court judges may be elected without educational or other professional requirements.

46. Prosecutor • Prosecutors can be elected or appointed. • All but five states elect prosecutors. • Prosecutors are elected for four-year terms. • Five states and the federal government appoint their prosecutors.

47. Prosecutor’s Responsibilities • Present the state’s case against the defendant • State has the burden of proof • Supervise staff of assistant district attorneys • Serve as quasi-legal advisor to police • Files appeals on behalf of the state • Makes presentations to parole boards

48. Prosecutorial Discretion • Prosecutor decides: • Whether or not to charge someone with a crime • Which charges are to be filed against the defendant • Whether multiple charges should be filed together or separately • When to schedule cases for trial • Whether or not to accept a negotiated plea • What evidence to present, including witnesses • What sentencing recommendations to make

49. Case Law • Brady v. Maryland (1963) • U. S. v. Bagley (1985) • Imbler v. Patchman (1976) • Burns v. Reed (1991)

50. The Prosecutor’s Professional Responsibility • Prosecutors are expected to abide by various standards of professional responsibility, such as those found in the American Bar Association (ABA) Model Rules of Professional Standards. • Prosecutors are barred from advocating any fact or position they know is untrue.