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Courts and the Quest for Justice
Courts and the Quest for Justice
© 2002 Wadsworth Publishing Co.
Chapter 8Introduction to Criminal Justice 2003:
A Microsoft® PowerPoint® Tool
Slides prepared by:Larry Bassi
SUNY Brockport
Chapter 8Introduction to Criminal Justice 2003:
A Microsoft® PowerPoint® Tool
Slides prepared by:Larry Bassi
SUNY Brockport
Abstract Goals of the CourtsAbstract Goals of the Courts
• Provide for an open and impartial forum for seeking the truth
• Provide for a fair and equitable hearing using regulated rules
• Insure that the process takes place in an atmosphere of legal competence and objectivity
• Provide a clear legal outcome
• Provide for an open and impartial forum for seeking the truth
• Provide for a fair and equitable hearing using regulated rules
• Insure that the process takes place in an atmosphere of legal competence and objectivity
• Provide a clear legal outcome
Models of the CourtsModels of the Courts
• Setting for an adversarial process
• Defendant against the state
• Fair & formalized process
• Criminal procedure and rules of evidence
• Setting for an adversarial process
• Defendant against the state
• Fair & formalized process
• Criminal procedure and rules of evidence
• Encourages settlement in the quickest and simplest way
• Emphasizes punishment and retribution
• Encourages settlement in the quickest and simplest way
• Emphasizes punishment and retribution
Due Process Crime ControlDue Process Crime Control
Models of the CourtsModels of the Courts
• Setting for an adversarial process
• Defendant against the state
• Fair & formalized process
• Criminal procedure and rules of evidence
• Setting for an adversarial process
• Defendant against the state
• Fair & formalized process
• Criminal procedure and rules of evidence
• Encourages settlement in the quickest and simplest way
• Emphasizes punishment and retribution
• Encourages settlement in the quickest and simplest way
• Emphasizes punishment and retribution
Rehabilitative Function Bureaucratic FunctionRehabilitative Function Bureaucratic Function
Realities of the Criminal Court System
• The courts are often a scene where an atmosphere exists to “work things out” among the participants.
• The use of plea negotiations and other nonjudicial alternatives to “work things out” is more common than a formal trial process.
• The courts are often a scene where an atmosphere exists to “work things out” among the participants.
• The use of plea negotiations and other nonjudicial alternatives to “work things out” is more common than a formal trial process.
Jurisdiction and the CourtsJurisdiction and the Courts• Geography
• A change of “venue”moves a case into another geographicregion.
• Geography
• A change of “venue”moves a case into another geographicregion.
• Something other than geography determines jurisdiction
• Subject Matter– Civil v Criminal
– Trial v Appellate
– Adult v Juvenile Something other than geography determines jurisdiction
Appellate CourtsAppellate Courts
• Rights of appeal determined by law
• Appeal is not a new trial
• Review of previous trial for procedural errors
• May be 2 levels of appeals courts
• Rights of appeal determined by law
• Appeal is not a new trial
• Review of previous trial for procedural errors
• May be 2 levels of appeals courts
• Order a new trial• Allow defendant
to go free• Uphold (sustain)
original verdict
• Order a new trial• Allow defendant
to go free• Uphold (sustain)
original verdict
Appellate CourtDecisions
Appellate CourtDecisions
The Dual Court SystemThe Dual Court System
State Court Systems
State courts try casesthat are against the lawsof that particular state.
Considerable variation existsin state system, but much
similarity can also be found.
State Court Systems
State courts try casesthat are against the lawsof that particular state.
Considerable variation existsin state system, but much
similarity can also be found.
Federal Court System
Federal courts try casesthat are against the laws
of the United States.
Federal Court System
Federal courts try casesthat are against the laws
of the United States.
The Dual Court SystemThe Dual Court System
A Typical
State Court
System
A Typical
State Court
System
The Lower State CourtsThe Lower State Courts
• Most organized at town, municipal or county level
• Referred to as the lower courts or misdemeanor courts
• Dispose of minor cases; may do preliminary activities for some felonies
• Sentencing options restricted
• Most organized at town, municipal or county level
• Referred to as the lower courts or misdemeanor courts
• Dispose of minor cases; may do preliminary activities for some felonies
• Sentencing options restricted
Felony Courts(Courts of General Jurisdiction)
• Controlled by state law
• Conducts preliminary activities and trials for felonies
• Conducts appeals from lower court (trial de novo)
State Court of Last ResortState Court of Last Resort
• Highest state court
• Usually called the “State Supreme Court”
• Reviews issues of law and fact appealed from the trial courts.
• Highest state court
• Usually called the “State Supreme Court”
• Reviews issues of law and fact appealed from the trial courts.
Federal Court StructureFederal Court Structure
U.S.Supreme
Court
U.S.Court ofAppeals
U.S.DistrictCourts
• Each state has at least one Federal District• 94 Districts throughout the U.S.• Primary trial court of the U.S. system
• Each state has at least one Federal District• 94 Districts throughout the U.S.• Primary trial court of the U.S. system
Federal Court StructureFederal Court Structure
U.S.DistrictCourts
• Also called the Circuit Courts because the jurisdiction covers a large geographical area• Usually located in major cities
• Also called the Circuit Courts because the jurisdiction covers a large geographical area• Usually located in major cities
• Reviews cases from lower court• Cases involve constitutional issues• Reviews cases from lower court• Cases involve constitutional issues
Federal Court StructureFederal Court Structure
U.S.Court ofAppeals
Geographical Boundaries of the Federal Circuit Courts of AppealsGeographical Boundaries of the
Federal Circuit Courts of Appeals
• Highest court in the land; court of last resort• Decisions become precedents (landmark decisions)• May choose to hear/not hear most cases• Uses writ of certiorari to get case records
Federal Court StructureFederal Court Structure
U.S.Supreme
Court
• 9 Justices (1 Chief Justice, 8 Associate Justices)• Full Court hears about 100 cases per year• 4 Justices must vote to hear a case• Majority, minorities & dissenting opinions
Federal Court StructureFederal Court Structure
U.S.Supreme
Court
The Decline in Number of Cases Heard by the Supreme Court
The Decline in Number of Cases Heard by the Supreme Court
50
100
150
200
1976 1979 1982 1985 1988 1991 1996 1997 1999
Cases Heard
Term
Duties of the JudiciaryDuties of the Judiciary
• Oversees conduct in the court• Settles questions of evidence and
procedure• Guides questioning of witnesses• Instructs the jury about law• Decides case when a jury is not used
(bench trial)• Decides on sentence
• Oversees conduct in the court• Settles questions of evidence and
procedure• Guides questioning of witnesses• Instructs the jury about law• Decides case when a jury is not used
(bench trial)• Decides on sentence
The Role of the
Judge in the Criminal Trial Process
The Role of the
Judge in the Criminal Trial Process
Judicial QualificationsJudicial Qualifications
• Qualifications vary by state
• Typical qualifications include:– resident of the state– licensed to practice law– member of the state bar association– 25 years old or older– less than 70 years old
• Qualifications vary by state
• Typical qualifications include:– resident of the state– licensed to practice law– member of the state bar association– 25 years old or older– less than 70 years old
Judicial Selection SystemsJudicial Selection Systems
• Appointment
• Partisan election
• Nonpartisan election
• Missouri Plan(a.k.a. The Merit Plan)A combination of:– Appointment and– Election
• Appointment
• Partisan election
• Nonpartisan election
• Missouri Plan(a.k.a. The Merit Plan)A combination of:– Appointment and– Election
Systems varyby state
Systems varyby state
Methods of
Judicial Selection
In the Fifty States
Methods of
Judicial Selection
In the Fifty States
Judicial MisconductJudicial Misconduct
Judicial misconduct is a general term describing behavior that diminishes public confidence in the judiciary. This behavior includes obviously illegal acts, such as briber, and conduct that gives the appearance of impropriety, such as consorting with known felons.
Judicial misconduct is a general term describing behavior that diminishes public confidence in the judiciary. This behavior includes obviously illegal acts, such as briber, and conduct that gives the appearance of impropriety, such as consorting with known felons.
The Courtroom Work Group and Incentives to Cooperate
The Courtroom Work Group and Incentives to Cooperate
1993 1994 1995 1996 1997 1998 1999 0
10,000
20,000
30,000
40,000
50,000
60,000
Total Cases Drug Cases Other Cases
Cases
Criminal Caseloads in U.S. District Court
Criminal Caseloads in U.S. District Court
Criticisms of the CourtsCriticisms of the Courts
• Overcrowded dockets
• Assembly-line justice
• Too many inducements to plead guilty
• Too few jury trials
• Speedy trials are unattainable
Court CaseloadsCourt Caseloads
0
10
20
30
40
50
60
70
80CRIMINALCASES ARE INCREASINGAT LEAST FOURTIMES FASTER THAN THE NATIONAL POPULATION
CongestionCongestion
Causes• Excessive number of
continuances• Pretrial motions• Mandatory
sentencing• Increases in civil
litigation
Causes• Excessive number of
continuances• Pretrial motions• Mandatory
sentencing• Increases in civil
litigation
Solutions• Better court
management• Mandate speedy
trials• Unify state court
structures
Solutions• Better court
management• Mandate speedy
trials• Unify state court
structures
Solutions for CongestionSolutions for Congestion
• Better court management
• Mandate speedy trials
• Unify state court structures
• Better court management
• Mandate speedy trials
• Unify state court structures
