Chapter 7:Courts and Adjudication

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Agenda• Exam results & review• Strategies for moving forward• Chapter 7 lecture and activities

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Learning Objectives• Structure of the court system

• Qualities desired in judges

• Judge selection

• Roles of prosecuting attorneys

• Criminal charge filing process & prosecutor discretion and decision-making

• Criminal defense work & cost

• The courtroom workgroup

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The Functions & Structure of Courts

• U.S. = dual court system

•federal

•state

• Other countries - single national court system

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• Adversary Process -

•In the United States, both state and federal courts use the adversary process

• vs. • Inquisitorial Process -

•Other countries5

Jurisdiction:• The geographic territory or legal boundaries within

which control may be exercised; the range of a court’s authority.

•Example: Native Americans have tribal courts,

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Functions of Courts

• Enforcing the norms of society

• Processing disputes within society

• Making policy

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Appellate court of last resort:

state supreme court

Intermediate Court of Appeals

Trial Courts of General Jurisdiction: district, superior or circuit courts

Trial Courts of Limited Jurisdiction: circuit, municipal, justice, district or magistrate courts

Federal CourtSystem

State CourtSystem

Supreme Court of the

United States

Circuit Court of Appeals

District Courts

Federal Courts

• The federal system has no trial courts of limited jurisdiction

• U.S. district courts = federal trial courts of general jurisdiction

• U.S. circuit courts of appeals = intermediate appellate courts

• U.S. Supreme Court is the court of last resort

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• Decentralized

• Local political influences & community values affect the courts

• Very few small states have a statewide court system

• Most criminal courts operate under state penal code but staffed, managed, & $$ by county or city governments

Criminal Courts

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CHeck!Take out a sheet of paper:

In your own words:

What are the major differences between federal and state courts?

What is the muddiest point for you so far?

hang on to your sheet of paper!

Functions of the Judge• Defendants see a judge whenever decisions about

their future are being made:

• when bail is set,

• pretrial motions are made,

• guilty pleas are accepted,

• a trial is conducted,

• a sentence is pronounced,

• and appeals are filed

• Judges also perform administrative tasks outside of the courtroom

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Judges have three major roles:

• Adjudicator• Negotiator• Administrator

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Adjudicator• Judges must:

•assume a neutral stance,

•apply the law to uphold rights of the accused,

•use a certain amount of discretion—only according to the law,

•avoid any conduct that could appear biased

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Negotiator• Many decisions take place in the judge’s

private chambers

• Decisions = negotiations between prosecutors & defense attorneys

• The judge may act as a referee = keep both sides on track with the law

• Judge may take a more active part in the negotiations

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Administrator• Managing the courthouse

• In rural areas: judges’ may do more management

• Deal with political actors

• Chief judges may also use administrative powers gain other judge’s cooperation

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Six methods are used to select state trial court judges:

• Gubernatorial appointment

• Legislative selection

• Merit selection

• Nonpartisan election

• Partisan election

• A mixture of methods

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CHeck!Take out a sheet of paper:

In your own words:

Describe the three roles of adjudicator, negotiator, and administrator for judges.

What is the muddiest point for you so far?

hang on to your sheet of paper!

The Prosecutorial System• Prosecuting  attorneys: A legal representative of the state

with sole responsibility for bringing criminal charges.

• make discretionary decisions about whether to pursue criminal charges

•which charges to make, and

• what sentence to recommend

• Government representatives

• Federal cases are prosecuted by United States attorneys

• Each state has an elected state attorney general, who usually has the power to bring prosecutions in certain cases

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The Prosecutor’s Roles

• Trial counsel for the police

• House counsel for the police

• Representative of the court

• Elected official

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Discretion of the Prosecutor

• Broad discretion prosecutors shaping ➔their decisions to fit different interests

• By filing as many charges as possible, the prosecutor strengthens his or her position in plea negotiations

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• Count - Each separate offense of which a person is accused in an indictment or an information

• Discovery  - A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial

• nolle prosequi  - An entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed.

Discretion of the Prosecutor

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Key Relationships of the Prosecutor• Police

• Victims and witnesses

• Judges and courts

• The community

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Accusatory Process

• The series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information) with the court

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CHeck!Take out a sheet of paper:

In your own words:

Explain the role of the prosecutor and how discretion is used.

What is the muddiest point for you so far?

Defense Attorney• Represents accused & convicted offenders

• Advises defendant & protects their constitutional rights

•Advises defendant during questioning by the police

•Represents them at each arraignment & hearing,

•Serves as advocate during the appeal process

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Counsel for Indigents• Indigent defendants = too poor to afford their

own lawyers

• The Supreme Court interpreted ➜ “right to counsel” in the 6th Amendment as requiring government provide attorneys for indigent defendants

• ⬆ indigent defendants in the past 3 decades

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Ways of Providing Indigents with Counsel  

• Assigned counsel = private practice attorney assigned to represent an indigent. Fee paid by jurisdiction of the case

• Contract counsel private practice attorney who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount.

• Public defender An attorney employed on a full-time, salaried basis by a public or private non-profit organization to represent indigents.

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Public Defenders• Government-salaried attorneys who handle

criminal cases indigent defendants

• Focus exclusively on criminal cases

• ⬆ caseloads = less time/case

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Workgroup• A collection of individuals who interact in the

workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles that differentiates the group from others and that facilitates cooperation.

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