Courts and the Quest for Courts and the Quest for JusticeJustice

Mr. WhitakerMr. Whitaker

VocabularyVocabulary

Appellate Courts—cAppellate Courts—courts that review ourts that review decisions made by lower courts, such as trial decisions made by lower courts, such as trial courts. Also known as courts of appeals. courts. Also known as courts of appeals.

Attorney General—tAttorney General—the chief law officer of a he chief law officer of a state; also, the chief law officer of the nation. state; also, the chief law officer of the nation.

Attorney-Client Privilege—aAttorney-Client Privilege—a rule of rule of evidence requiring that communications evidence requiring that communications between a client and his or her attorney be between a client and his or her attorney be kept confidential, unless the client consents kept confidential, unless the client consents to disclosure. to disclosure.

VocabularyVocabulary

Courtroom Work Group—tCourtroom Work Group—the he social organization consisting of the social organization consisting of the judge, prosecutor, defense attorney, judge, prosecutor, defense attorney, and other court workers. and other court workers.

Defense Attorney—tDefense Attorney—the lawyer he lawyer representing the defendant. representing the defendant.

Docket—tDocket—the list of cases entered on he list of cases entered on a court’s calendar and thus a court’s calendar and thus scheduled to be heard by the court. scheduled to be heard by the court.

VocabularyVocabulary Dual Court System—tDual Court System—the separate but interrelated he separate but interrelated

court system of the United States, made up of the court system of the United States, made up of the courts on the national level and the courts on the courts on the national level and the courts on the state level. state level.

Judicial Misconduct—a Judicial Misconduct—a general term describing general term describing behavior by a judge that diminishes public behavior by a judge that diminishes public confidence in the judiciary. confidence in the judiciary.

Jurisdiction Jurisdiction The authority of a court to hear and The authority of a court to hear and decide cases within an area of the law or a decide cases within an area of the law or a geographical territory. geographical territory.

Magistrate—aMagistrate—a public civil officer or official with public civil officer or official with limited judicial authority within a particular limited judicial authority within a particular geographical area, such as the authority to issue an geographical area, such as the authority to issue an arrest warrant. arrest warrant.

VocabularyVocabulary Nonpartisan Elections—eNonpartisan Elections—elections in which lections in which

candidates are presented on the ballot without any candidates are presented on the ballot without any party affiliation. party affiliation.

Opinion—a Opinion—a statement by the court expressing the statement by the court expressing the reasons for its decision in a case. reasons for its decision in a case.

Oral Arguments Oral Arguments The verbal arguments presented The verbal arguments presented in person by attorneys to an appellate court. in person by attorneys to an appellate court.

Partisan Election—ePartisan Election—elections in which candidates lections in which candidates are affiliated with and receive support from are affiliated with and receive support from political parties; the candidates are listed in political parties; the candidates are listed in conjunction with their party on the ballot. conjunction with their party on the ballot.

Public Defender—cPublic Defender—court-appointed attorneys who ourt-appointed attorneys who are paid by the state to represent defendants who are paid by the state to represent defendants who are unable to hire private counsel. are unable to hire private counsel.

VocabularyVocabulary

Public Prosecutors Public Prosecutors Individuals, acting as Individuals, acting as trial lawyers, who initiate and conduct cases trial lawyers, who initiate and conduct cases in the government’s name and on behalf of in the government’s name and on behalf of the people. the people.

Rule of Four—a Rule of Four—a rule of the United States rule of the United States Supreme Court that the Court will not issue Supreme Court that the Court will not issue a writ of certiorari unless at least four a writ of certiorari unless at least four justices approve of the decision to hear the justices approve of the decision to hear the case. case.

Trial Courts—cTrial Courts—courts in which most cases ourts in which most cases usually begin and in which questions of fact usually begin and in which questions of fact are examined.are examined.

Functions of the CourtsFunctions of the Courts

Place where Place where arguments are arguments are settledsettled

The arguments are The arguments are settled through settled through application of the application of the lawlaw

Courts have Courts have extensive powers—extensive powers—property, freedom, property, freedom, restrict liberties, etcrestrict liberties, etc

CourtsCourts

Based on legitimacy of the courts:Based on legitimacy of the courts:

Impartiality—equal treatment Impartiality—equal treatment

Independence—no outside influencesIndependence—no outside influences

The American Judicial SystemThe American Judicial System

Complex system Complex system that includes 52 that includes 52 different systemsdifferent systems

Each system has Each system has its own set of rules its own set of rules

JurisdictionJurisdiction

Power to speak the Power to speak the lawlaw

Geographically Geographically jurisdictionjurisdiction

Domestic Domestic jurisdictionjurisdiction

International International jurisdictionjurisdiction

Subject Matter JurisdictionSubject Matter Jurisdiction

Civil mattersCivil matters MisdemeanorsMisdemeanors FeloniesFelonies Drug CourtsDrug Courts Family CourtsFamily Courts Domestic Violence CourtsDomestic Violence Courts

Trial CourtsTrial Courts

Original jurisdiction Original jurisdiction is the trial courtsis the trial courts

Trial courts are Trial courts are concern with concern with questions of factsquestions of facts

Deals it the Deals it the incident occurred incident occurred

Deals with guilt or Deals with guilt or innocenceinnocence

Appellate CourtsAppellate Courts

Reviewing courtsReviewing courts Handles appeals of trial courtsHandles appeals of trial courts Prosecutors who lose in trial courts Prosecutors who lose in trial courts

cannot appealcannot appeal Appellate courts have judges who Appellate courts have judges who

makes the decisionmakes the decision Produced “opinions of the court”Produced “opinions of the court”

Appellate CourtsAppellate Courts

Appellate courts do Appellate courts do not determine guilt not determine guilt or innocence or innocence

Only make Only make judgments on judgments on questions of questions of proceduresprocedures

State Court SystemsState Court Systems

Lower courtsLower courts Trial courtsTrial courts Appellate courtsAppellate courts State highest State highest

courtscourts

Limited Jurisdiction CourtsLimited Jurisdiction Courts

Magistrate CourtsMagistrate Courts Provide law enforcement with search Provide law enforcement with search

and seizure warrantsand seizure warrants Probable case hearingsProbable case hearings Arrest warrantsArrest warrants Marriage Marriage

General Jurisdiction CourtsGeneral Jurisdiction Courts

Have the authority Have the authority to hear and decide to hear and decide cases of many cases of many types of subject types of subject mattermatter

Criminal trialsCriminal trials Examples—Cobb Examples—Cobb

County Court County Court SystemSystem

State Court of AppealsState Court of Appeals

The decisions of each state’s highest The decisions of each state’s highest courts on all questions of state law courts on all questions of state law are finalare final

Only issues of federal law or Only issues of federal law or constitutional procedures go to the constitutional procedures go to the US Supreme CourtUS Supreme Court

Federal Court SystemFederal Court System

Three tiered Three tiered model that model that includes:includes:

1.1. U.S. District U.S. District CourtsCourts

2.2. U.S. Court of U.S. Court of AppealsAppeals

3.3. U.S. Supreme U.S. Supreme CourtCourt

U.S. District CourtU.S. District Court

Cases involving federal lawCases involving federal law Each state has one District CourtEach state has one District Court Federal system also has limited-Federal system also has limited-

jurisdiction courts such as: tax jurisdiction courts such as: tax courts and courts of international courts and courts of international trade. trade.

U.S. Court of AppealsU.S. Court of Appeals

Thirteen U.S. courts Thirteen U.S. courts of appeal.of appeal.

The Thirteenth The Thirteenth Circuit is also called Circuit is also called the Federal Circuit the Federal Circuit and has national and has national jurisdiction over jurisdiction over patent law and patent law and cases in which the cases in which the United States is a United States is a defendant.defendant.

U.S. Supreme CourtU.S. Supreme Court

Hears half of one percent of all court Hears half of one percent of all court cases in the United State per yearcases in the United State per year

Court issues a writ of Court issues a writ of certiorari certiorari ordering the record from the lower ordering the record from the lower court.court.

The Court will not issue a writ of The Court will not issue a writ of certioraricertiorari unless at least four justices unless at least four justices approve it.approve it.

Supreme Court DecisionsSupreme Court Decisions

Justices review:Justices review:

1.1. Written record of Written record of case.case.

2.2. Attorneys’ written Attorneys’ written arguments.arguments.

3.3. Oral arguments of Oral arguments of the attorneys.the attorneys.

Supreme Court Supreme Court

The senior justice voting with the The senior justice voting with the majoritymajority

assigns the writing of the opinion.assigns the writing of the opinion.

1.1. Concurring opinions agree with Concurring opinions agree with the majority decision, but for different the majority decision, but for different legal reasons.legal reasons.

2.2. Dissenting opinions outline Dissenting opinions outline reasons the writer disagrees with the reasons the writer disagrees with the majority.majority.

Judges in Court SystemJudges in Court System

Trial JudgesTrial Judges

Pretrial the judge takes on the role of Pretrial the judge takes on the role of negotiator.negotiator.

1.1.During the TrialDuring the Trial Acts as referee between participants.Acts as referee between participants. Acts as teacher to the jury.Acts as teacher to the jury.

2.2.Administrative RoleAdministrative Role Maintains court calendar, or docket by Maintains court calendar, or docket by

scheduling hearings, and trials.scheduling hearings, and trials.

Judge SelectionJudge Selection

All federal judges are appointed by the All federal judges are appointed by the president and confirmed by the Senate.president and confirmed by the Senate.

In some states (such as Delaware) judges In some states (such as Delaware) judges are appointed by the governor and are appointed by the governor and confirmed by the upper chamber of the confirmed by the upper chamber of the legislature.legislature.

Some states (such as Arkansas) judges are Some states (such as Arkansas) judges are elected by partisan elections.elected by partisan elections.

Some states have nonpartisan elections Some states have nonpartisan elections for the selection of judges.for the selection of judges.

Judicial Ethics Judicial Ethics

In the 1920s the In the 1920s the American Bar American Bar Association the first Association the first code of judicial ethics.code of judicial ethics.

Used as a model for Used as a model for 47 states and the 47 states and the

District of Columbia.District of Columbia. Prevents unethical Prevents unethical

conduct such as conduct such as bribery, impropriety, bribery, impropriety, and illegal actsand illegal acts

Courtroom Work GroupCourtroom Work Group

Functions as a Functions as a cooperative unitcooperative unit

BailiffBailiff Court ReporterCourt Reporter Clerk of the CourtClerk of the Court JudgeJudge

Less Prominent MembersLess Prominent Members

The bailiff who is responsible for The bailiff who is responsible for maintaining security and order.maintaining security and order.

The clerk of the court maintains The clerk of the court maintains paperwork and evidence as well as paperwork and evidence as well as playing a key role in jury selection.playing a key role in jury selection.

The court reporter’s is to record The court reporter’s is to record every word said during proceedings.every word said during proceedings.

Judge Judge

Has the most Has the most influence over the influence over the workgroup.workgroup.

Judge’s personal Judge’s personal value (i.e. tough on value (i.e. tough on crime) will have a crime) will have a great impact on great impact on the outcome.the outcome.

The ProsecutionThe Prosecution

U.S. Attorney on U.S. Attorney on the federal level.the federal level.

On state or local On state or local level the level the prosecutor may be prosecutor may be called: state called: state prosecutor, district prosecutor, district attorney, county attorney, county attorney, or city attorney, or city attorney.attorney.

The Office of the Prosecutor The Office of the Prosecutor

Decides whether person will be chargedDecides whether person will be charged

with a crime.with a crime. The level of charges.The level of charges. If and when to stop the prosecution.If and when to stop the prosecution. State Attorney General is usually the State Attorney General is usually the

top law enforcement officer of the top law enforcement officer of the state.state.

Some prosecutors are appointed, most Some prosecutors are appointed, most are elected.are elected.

The Defense AttorneyThe Defense Attorney

ResponsibilitiesResponsibilities Represent the defendant at various Represent the defendant at various

stages of the trial process.stages of the trial process. Investigate the incident.Investigate the incident. Communicating with the prosecutor.Communicating with the prosecutor. Preparing for trial.Preparing for trial.

ContinuedContinued

Submitting defense Submitting defense motions.motions.

Representing Representing defendant at the defendant at the trial.trial.

Negotiating a Negotiating a sentence.sentence.

Deciding whether Deciding whether to appeal.to appeal.

The Public Defender The Public Defender

Appointing defense Appointing defense counsel for those counsel for those who cannot afford who cannot afford their own their own attorneys.attorneys.

Three out of four Three out of four inmates in state inmates in state prisons and jails prisons and jails had publicly paid had publicly paid counsel.counsel.

The Attorney-Client Relationship The Attorney-Client Relationship

Communication between attorney Communication between attorney and client is considered privileged, and client is considered privileged, and is not subject to disclosure and is not subject to disclosure unless the client consents.unless the client consents.

An exception to attorney-client An exception to attorney-client privilege includes the client telling privilege includes the client telling the attorney of a crime that has not the attorney of a crime that has not yet been yet been committed.committed.