The Court System

1. The Court System When a crime has been recorded and a suspect apprehended and booked  it creates a criminal case Next part of the CJ process = judicial disposition of the case The case transfers from the Police to the Court system for prosecution and adjudication Shift responsibility from Police to Courts (mostly) The police may continue investigation Initial charges may change or be dropped

2. The Court System in the U.S. Important features to note at the outset: Note: dualityof legal systems in the U.S. Federal & State Court Systems = separate Note: multiplicity of state court systems in the U.S. (50 independent state systems) Note: division of trial vs. appellate courts Note: general vs. limited jurisdiction courts Note: multiple levels of courts Note: U.S. Courts = adversarialsystem

3. Note: Adversarial Framework of U.S. Courts • U.S. legal system is formally set up as an adversarialprocess • What does that mean? • Truth results from contest between opposing arguments based on logic and evidence • Competition must follow specific rules of fair competition (procedural correctness = primary) • Emphasize due process over efficiency • Where did this come from? • Common Law • Constitutional guarantees

4. The Adversarial Framework (cont). • What are the alternatives to this approach? • Inquisitorial framework (collaborative fact-seeking) • Pragmatic framework (efficient decision-making) • Negotiational framework (mediation, conflict resolution, and compromise-seeking) • When are the alternative frameworks used? • Adversarial reserved for serious felony cases • Other approaches may be used in lower, less serious cases or other types of violations

5. The Court System in the U.S. Note: dualityof legal systems in the U.S. Federal & State Court Systems = 2 separate court systems Doctrine of “Dual sovereignty” Federal system has jurisdiction only over: Federal law violations & disputes International laws and agreements Interstate commerce & activities Constitutional matters They are primarily connected only “at the top” Note recent trend toward greater “federalization”

6. Structure of State Court Systems • Every State has its own Court System • General division into: • TrialCourts (courts of original jurisdiction) • Appellate Courts (courts of appeal) • At a state level this is a recent development • Early state courts had little provision for appeal • Some states allowed only legislative appeal • Appellate courts provide correction for procedural errors (not concerned about correctness of judgments or verdicts)

7. Structure of State Court Systems • Appellate courts focus on procedural errors (not substantive judgments or outcomes) • Appellate courts do not retry the case but review the original procedure • Appellate decision based on record of trial (minimal argumentation) • Outcomes = (1) let stand; (2) remand; (3) set aside • Note difference at appellate level between: • Mandatory reviews (of some types of cases) • Discretionary reviews (of most cases)

8. Structure of State Court Systems • State Courts are further divided into Upper & Lower levels • TrialCourts divided into levels by jurisdiction: • General jurisdiction (hear all types of cases) • Limited jurisdiction (hear only some types) • Misdemeanors or crimes of lesser punishment • Certain types of offenses or cases • Also called: “superior” vs. “inferior” courts • Appellate Courts divide into levels: • Final appeals (“Courts of Last Resort”) • Intermediate appeals (in most states)(not in 12)

9. “Typical”(?) State Court Structure Court of Last Resort (State Supreme Court) Appellate Courts Intermediate Appellate Court Superior courts; Circuit Courts; District Courts Courts of Common Pleas Trial Courts Trial Courts of General Jurisdiction Trial Courts of Limited Jurisdiction (& Special-focus Courts) Misdemeanor Courts; Municipal Courts; Metropolitan Courts Police Courts; Mayor’s Courts; J of P Courts; Township Courts Family Courts; Traffic Courts; Drug courts; Gun Courts Magistrates

10. Structure of State Court Systems • Specific structures vary widely from state to state • Some = unified systems; others = fragmented • Some systems = streamlined; some = redundant • Many have anachronistic features (JPs) • Some have multiple special-purpose courts • Some have community courts that mediate or arbitrate rather than formally adjudicate (“arbitration panels”) • The specific names of courts seem to vary widely: • trial courts in New York are called “Supreme Courts” • District, county, or common pleas courts refer to general jurisdiction courts in some states and limited jurisdiction in others

11. Illinois Court System Supreme Court Final Appellate Appellate Court (5 Districts) Intermediate Appellate Circuit Courts (22 Circuits in 102 Counties) Trial Courts [Note: No lower trial courts (but some specialized courts)]

12. Recent Developments in State Courts? • Increasing caseloads  overload & backup • Changes in Technology • Computerization • Information sharing and linking • Unification and rationalization of courts • Reorganization of court systems = inconsistent • Streamline structures – eliminate redundancy • Streamline procedures – info mangement & scheduling • Use of nonjudicial court administrators • Proliferation of specialized courts

13. Federal Court Systems • Similar in structure to state systems • Originally set up as two-layers: Trial + Appeal • Supreme Court established in U.S. Constitution • District Courts (Trial) set up in 1789 legislation • Added additional appellate layer in 1891 • Circuit Courts – 13 circuits (12+1) • Provide mandatory review of all federal appeals • Added lower level trial layer in 1968 • Created U.S. Magistrates (conversion from U.S. Commissioners) • Renamed to Magistrate Judges in 1990

14. Federal Court Structure U.S. Supreme Court Appellate Courts U.S. Circuit Courts (13 circuits) Trial Courts District Courts (94 general jurisdiction courts) U.S. Magistrate Judges (limited jurisdiction)

15. Major Players in Court Systems: • Prosecutors • Judges • Defense Attorneys • Court Personnel – supporting roles (courtroom workgroups) • Important outsiders: • Victims • Juries • Witnesses

16. Prosecutors: (district attorney; state’s attorney; prosecuting attorney; county attorney; commonwealth’s attorney; solicitor) • The “quarterback” of the court system (i.e., has a hand in every play) • Charging • Recommending bail • Plea bargaining • Prosecuting • Recommending sentences • Charging = the critical function

17. Prosecutors: • Mostly selected by election for 4-yr terms (except 3-4 states) • Mostly in smaller offices (5 or less full time attorneys) • Salaries = fairly low • Stepping-stone to private practice, judgeship or political office  not usually a full career

18. Prosecutors: • What is the prosecutor’s main task? • To prosecute cases from police • effectively: offenders convicted + innocent persons cleared + law upheld • efficiently:resolving cases in timely fashion & doesn’t waste resources • Considerable discretion in deciding which cases to prosecute & what charges • Crime has occurred • Offender has been apprehended • Strong likelihood of conviction

19. Prosecutors: • The prosecutor’s 2nd task (sometimes)? • To investigate & prosecute other crimes beyond police records • Grand juries (investigative function) • Power of subpoena • Compulsion to testify • Special investigations • Prosecutor = in principle the highest law enforcement officer of the jurisdiction • Make collaborate with police or establish special investigators

20. Prosecutors: • How are prosecutors evaluated? • Conviction rates • High profile show trials • Avoiding embarrassing outcomes  Appellate court reversals & reprimands  Bad publicity: • Losses in high profile cases • Subsequent crimes by “lost” defendants • Political conflicts

21. Defense Attorneys: • 6th Amendment guarantees right to legal representation • Originally this applied only to federal cases • Applied to states in 1960s “due process” era (Gideon v. Wainwright, 1963) • Originally applied only felony cases • Extended to misdemeanors & multiple events in addition to the trial in 1970s & 1980s • Extended further to mean right to “competent representation”

22. Defense Attorneys: • 6th Amendment guarantees right to legal representation • But does it obligate the state to provide this counsel for all defendants • How to provide legal representation? • Privately retained attorney • based on the defendant’s ability to pay • Publicly-provided attorney • provided by the community for those defendants who lack ability to pay for an attorney

23. Defense Attorneys: • Methods of publicly providing legal representation: • Court-Appointed attorney • Lawyers serving “pro bono” • Lawyers for small fixed compensation • Public Defender • Employed by community-funded office • Lawyers work on salary (modest) • Contract attorney

24. Defense Attorneys: • Tasks of Defense counsel: • Representation at Trial • Provide counsel to defendant • Advocate in trial • Pretrial & Posttrial events • Investigation (pretrial & posttrial) • Counseling • Representation (motions, filings, appearances, communications)

25. Defense Attorneys: • Comparison of Private vs. Public attorneys? • Do you “get what you pay for”? • Amount of time spent with client • Percentage of guilty pleas • Note: private criminal practice= Low pay & low status • Most cases decided without legal representation (in lower courts)

26. Judges: • Judges’ task: • See that trials are properly carried out (“due process” is carried out) • Obvious and familiar • Hold pretrial and posttrial hearings • Administer court organization & office • Less obvious but equally important • Bulk of judges work is mostly outside of courtroom

27. Judges: • Courtroom tasks • Administrator of trials and court events • Referee of adversarial proceedings • Decision-maker in court actions • Evidence • Trial procedures • Guilt (sometimes) • Sentencing (usually) • Disciplinarian of court conduct

28. Judges: • Selection of judges? • State/Local Trial Judges  usually merit + elective • State Appellate judges  usually merit • Federal judges  appointive • Terms of service? • Appellate indefinite (life) • Trial  specific term (usually 6 yrs)

29. Judges: • Qualifications of judges • Higher levels  law degree & member of bar (no trial experience necessary) • Lower levels  not required to be lawyers or have any legal training • Selection of judges is partly a professional and partly a political process • Variations on that trade-off?

30. Juries: • Jury = group of citizens who make decisions about criminal cases • Citizens” = ordinary community members • Different from “judicial panel” or “lay judges” • 2 different kinds of juries • Grand Jury • Decide probable cause to prosecute • Trial Jury (petit jury) • Decide guilt and punishments (rarely)

31. Juries: • Jury’s task = render decisions at key points in case’s prosecution • Jury’s role = provide community voice in process of achieving justice • Jury’s role is limited but important • “jury nullification” as common law principle • Requirement of jury in capital cases • Most cases don’t involve juries (2%)

32. Juries (cont.): • How many members in a jury • Grand jury: between 12-23 persons • Trial jury: between 6-12 persons • What kinds of decisions • Charging/indictment (Grand jury) • Guilt/innocence (Trial - some cases) • Sentencing (Trial - capital cases) • What are the decision rules? • Unanimous • Less-than-unanimous (in some situations)

33. Juries (cont.): • How are jury members selected? • Juror pool (venire) drawn from public lists (tax rolls; registered voters; directories; license lists) • Jury panel drawn from current juror pool • Jury members (+ alternatives) are drawn from the jury panel  voir dire • Exceptions from jury duty • Challenges: 1) peremptory; 2) for cause • Why are juries controversial?