CJ © 2011 Cengage Learning Chapter 8 Courts and the Quest for Justice

CJ

© 2011 Cengage Learning

Chapter 8Chapter 8

Courts and the Courts and the Quest for JusticeQuest for Justice


Learning Outcomes

LO1: Define and contrast the four functions of courts.

LO2: Define jurisdiction and contrast geographic and subject-matter jurisdiction.

LO3: Explain the difference between trial and appellate courts.

LO4: Explain briefly how a case is brought to the Supreme Court.

LO5: List and describe the members of the courtroom work group.

1LO


Define and contrast the four functions of the

courts.


Learning Outcome 1

• What Roles Do Courts Play in Society?– Due process and crime control in the

courts• The due process function • The crime control function • The rehabilitation function• The bureaucratic function

2LO


Define jurisdiction and contrast geographic and

subject-matter jurisdiction.


Learning Outcome 2• How Do American Courts

Operate?– Jurisdiction

• Geographic jurisdiction– Federal versus state jurisdiction

» Concurrent jurisdiction – State versus state jurisdiction

» Extradition – Multiple trials

• Subject-matter jurisdiction

3LO


Explain the difference between trial and appellate courts.


Learning Outcome 3

• How Do American Courts Operate?– Trial and appellate courts

• Trial• Appellate

– The dual court system



Learning Outcome 3

• How Do American Courts Operate?– Courts of limited jurisdiction– Specialty courts

• Drug courts• Gun courts• Juvenile courts• Domestic courts• Elder courts


Learning Outcome 3

• How Do American Courts Operate?– Trial courts of general jurisdiction – State courts of appeals



Learning Outcome 3• How Does the Federal Government

Organize Its Courts?– U.S. District Courts– U.S. Courts of Appeals– United States Supreme Court



Learning Outcome 3• How Does the Federal Government

Organize Its Courts?– The United States Supreme Court

• The Supreme Court in action– Judicial review

• Jurisdiction of the Supreme Court• Which cases reach the Supreme Court?


Learning Outcome 3

• Why is it important to have women on the US Supreme Court?


Video: US Woman Supreme Court

4LO


Explain briefly how a case is brought to the

Supreme Court.


Learning Outcome 4

• How Does the Federal Government Organize Its Courts?– The United States Supreme Court

• Which cases reach the Supreme Court?– Writ of certiorari– Rule of four

• Supreme Court Decisions– Oral arguments – Concurring opinions– Dissenting opinions


CAREERPREPLaw Clerk

Job Description:• Assist judges in courtroom matters such as managing evidence,

interacting with court personnel, and communicating with attorneys and the public.

• Analyze complex legal issues regarding information submitted by the two parties before the court, help the judge research and write opinions, prepare reports for the judge on the legal issues of a case, and make recommendations directly to the judge concerning the outcome of the trial or appeal.

What Kind of Training Is Required?• Despite the job title, law “clerks” are almost always recent law school

graduates who have either passed or are expected to pass the state bar examination, a prerequisite to becoming a lawyer.

• Superior writing and research skills and a solid knowledge of the law, court procedures, jurisdictional rules, and the court system.

Annual Salary Range?$54,000–$105,000

For additional information, visit: www.judicialclerkships.com/law-clerks.htm.


Learning Outcome 4• How Do Judges Function in the Criminal

Justice System?– The roles and responsibilities of trial judges

• Before the trial • During the trial• The administrative role

– Docket


Learning Outcome 4• How Do Judges Function in the

Criminal Justice System?– Selection of judges

• Federal judges are appointed by the president and confirmed by the Senate

• State judge – procedure varies by state – Partisan elections– Nonpartisan elections – The Missouri plan

5LO


List and describe the members of the

courtroom workgroup.


Learning Outcome 5

• What is the Courtroom Workgroup?– Judge– Prosecutor– Defense attorney– Bailiff of the court– Clerk of the court – Court reporter


CAREERPREPBailiff

Job Description:• Maintain order and provide security in the courtroom

during trials, escort and guard jurors and prevent them from having improper contact with the public.

• Open and close court, call cases, call witnesses, and generally “direct the traffic” of the trial.

What Kind of Training Is Required?• At minimum, a high school diploma or GED. • Supplemental training at a vocational school or a police

academy, or a two- or four-year college degree with an emphasis on criminal justice.

Annual Salary Range?$30,000–$38,000

For additional information, visit: www.criminaljusticeusa.com/bailiff.html.


Learning Outcome 5

• What is the Courtroom Workgroup?– Formation of the courtroom workgroup– The judge in the courtroom workgroup


Learning Outcome 5

– What affects a judge’s decision when sentencing?

– Should a judge have discretion when sentencing convicted offenders?


Video: Judge Decisions

Documents

CJ © 2011 Cengage Learning Chapter 8 Courts and the Quest for Justice