Intro to cj ch 7 ppt

CJ2015James A. Fagin

Copyright © 2016 by Pearson Education, Inc.All Rights Reserved

Introduction to Criminal Justice,McKenzie Wood

Fagin, CJ2015

Chapter 7: The Court System



7.1

7.2

7.3

7.4

Summarize the historical foundations and structure of the

U.S court system.

Identify the differences between criminal law and civil law.

Describe the structure and function of the federal courts.

Describe the structure and function of the state courts.

CHAPTER OUTCOMES



7.1Summarize the historical foundations and structure of the U.S court system.

Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes



Foundation of the Judicial System7.1As our society became more sophisticated, it became necessary to develop a system of jurisprudence - a philosophy of law to settle disputes

The jurisprudence system of the United States was influenced primarily by:

1. Justinian Code – developed under Roman Emperor Justinian I

2. Napoleonic Code – designed by Napoleon Bonaparte to unify the laws of his empire

3. Common law of Great Britain



Dual Court System7.1

Federal State



U.S. Constitution and the Courts7.1

10th AmendmentStates that powers not

specifically delegated to the federal government

are reserved for the states

11th AmendmentProhibits a citizen from

one state from suing the government of another state in federal court



7.2 Identify the differences between criminal law and civil law.




Civil Law7.2• Civil law is referred to as private law because it

addresses the definition, regulation, and enforcement of rights in cases in which both the person who has the right and the person who has the obligation are private individuals.

• Civil lawsuits can involve a broad range of issues, including breach of contract, divorce, medical malpractice, and torts.

• Torts are claims of personal injury that are not criminal. Tort injuries may include injuries caused by purposeful actions or by negligence.



Civil vs. Criminal Law7.2

Civil Law•Burden of proof is preponderance of evidence•Private parties initiate the case•Outcome of the case is a judgment – a ruling of liability

Criminal Law•Burden of proof is beyond a reasonable doubt•The government initiates the case•Outcome of the case is either guilty or not guilty

vs.



7.3 Describe the structure and function of the federal courts.




Structure of the Federal Courts7.3



U.S. Magistrate Courts7.3• Organized by the Federal Magistrates Act of 1968• Prisoner litigation, such as habeas corpus, and civil

rights appeals• Bail review• Detention hearings• Arraignments• Preliminary examinations• Initial appearance hearings• Issues search warrants and arrest warrants• Assists district courts• Tries Class A misdemeanors and petty offenses



Trial Courts 7.3

Courts of General Jurisdiction



U.S. District Courts7.3

Trial courts of original

jurisdictionsDecide whether

the defendant is guilty and, if so, the punishment

Special courtsHear civil and criminal cases—the majority of

the cases are civil; there are 95 district courts in

the U.S.



Appeals Courts7.3• Criminal appeals to the U.S. court of appeals

must be based on the claim that the defendant was denied a fair trial, or that the law the defendant was convicted of violating was unconstitutional.

• The question of guilt is a question of original jurisdiction and is addressed in the U.S. district court: The judge or the jury heard the facts of the case and rendered a decision regarding the criminality of the defendant's behavior.



Appeals Courts7.3

• In the U.S. appeals courts, a panel of three federal judges hears appeals from the U.S. district courts. Appeals are based on the defendant's claim that he or she did not receive a fair trial. This claim is based on the claim that a substantial judicial error occurred that could have significantly affected the verdict.



Examples of Judicial Errors7.3• Allowing prosecutorial evidence and

witnesses not relevant to the trial• Disallowing defense evidence and witnesses• Improper trial conduct• Misbehavior by the jury• Instructions by the judge prohibiting the jury

from considering a lesser offense• Improper instructions by the judge to the jury• Admitting evidence that has been improperly

obtained



U.S. Supreme Court7.3• The highest court in the American judicial

system

• The power to declare congressional and presidential acts unconstitutional—the power of judicial review—is the most important power of the Supreme Court

• The Supreme Court sees its primary mission as the guardian of the Constitution



U.S. Supreme Court7.3

In addition to its role in the criminal justice system, the Supreme Court exercises other important judicial

powers:

Has the final authority for

legal opinions

binding on the federal government

The legal mediator for

lawsuits between the

U.S. and other

countries

The legal mediators

for lawsuits between states




• Certiorari power is the authority of the Supreme Court, based on agreement by four of its members that a case might raise significant constitutional or federal issues, to select a case for review.

• The Court can decline to review a case. If a majority of justices do not want to review a case, this is the same as affirming the lower court's decision.




The Court must review cases when:

An individual's challenge to a

state statute on federal

constitutional grounds is upheld

by a state's highest court of appeals

A state's highest court of appeals has ruled a federal

law to be unconstitution

al

A U.S. court of appeals has

found a state statute to be

unconstitutional

A federal court has held an

act of Congress to be unconstitution

al



U.S. Supreme Court7.3For cases selected for review, the Court issues a writ of certiorari – an order to a lower court to forward the record of a case to the U.S. Supreme Court for review.

The Court then can do the following: 1. Examine the trial record and facts of the case and

determine that no further review is necessary.2. Ask the attorneys representing the appellant to submit

a written statement, called a brief, stating the substantial federal or constitutional issue they think needs to be decided. (The attorney from the other side submits a rebuttal brief, and the Court decides on the basis of information in the briefs.)

3. Decide that the case deserves a hearing.




If the Court decides the case requires a hearing, two sides are invited to present oral arguments before the full Supreme Court in Washington, DC.



Final Conclusions on Case Review7.3

• Reversing the case means that the Court found that a judicial error or an unconstitutional issue was central to the lower court's decision.

• After the case is reversed, it is remanded. Remanded means that the case is returned to the court of original jurisdiction—the court that first convicted the defendant—with the instructions to correct the judicial error, called a "remedy."



Final Conclusions on Case Review7.3

• The court can affirm the case, which means the court finds there was no substantial judicial error or constitutional error and that the original opinion of the lower court stands.

• A landmark case is a U.S. Supreme Court case that marks a significant change in the interpretation of the Constitution.



7.4 Describe the structure and function of the state courts.




Typical State Judicial Model7.4



Courts of Limited Jurisdiction7.4• State courts with original jurisdiction - the

power to determine whether the defendant is guilty - are divided into courts of limited jurisdiction and general trial courts.

• Some of the names for courts of limited jurisdiction are justice of the peace courts, municipal courts, justice courts, and magistrate's courts.

• A conviction in a court of limited jurisdiction may be appealed to a court of general jurisdiction.

• Trial de novo is a new trial granted by an appellate court.



Courts of General Jurisdiction7.4•The general trial courts of the state judicial system are the workhorses of the criminal justice system.

•State general trial courts handle all kinds of criminal cases, from traffic violations to murder.

•General trial courts are courts of record.



Courts of General Jurisdiction7.4• General trial courts are called circuit courts,

superior courts, district courts, courts of common pleas, and courts of first instance.

• In addition to criminal trials, state courts of general jurisdiction handle civil cases and many other legal responsibilities.



Appellate Courts7.4• Most states have intermediate appellate courts

that act in a similar capacity as the U.S. court of appeals.

• Some common names for these are court of criminal appeals, court of appeals, appellate court, court of special appeals, appellate division of superior court, superior court, and commonwealth court.



Appellate Courts7.4• These appellate courts do not have original

jurisdiction and review cases for judicial error and other significant issues concerning due process, civil rights, and federal and state constitutional questions.

• Their purpose is to decide whether a significant judicial error occurred during the trial that may have affected the outcome of the case.



Courts of Last Resort7.4• Each state has a court of final appeals.

• Some of the names given to these courts of last resort are supreme court, supreme judicial court, court of appeals, and high court.

• The state courts of last resort have appellant jurisdiction and original jurisdiction similar to that of the U.S. Supreme Court.



Courts of Last Resort7.4

• The state court of last resort is the final legal authority within the state. However, after a criminal defendant has exhausted all appeals in the state court system, he or she can appeal the case to the U.S. Supreme Court.



Our nation's court system is described as a dual system, with distinct federal and state courts. Unlike

police departments that operate independently of each other, the courts are organized in a hierarchy whereby decisions of a lower court can be reviewed

and reversed by a higher court.

Civil law is referred to as private law because it addresses rights in cases between private parties.

Criminal law addresses the prosecution and punishment of people who violate city, county, state,

or federal laws.

7.1

7.2

CHAPTER SUMMARY



The federal court is divided into four tiers of responsibility with the U.S. magistrate courts, the

trial courts, the appeals courts, and the U.S. Supreme Court. The U.S. Supreme Court is the highest

appellate court in the American judicial system.

7.3

Most states have a judicial model that resembles the four-tier federal court system. States with a four-tier system consist of (1) courts of limited jurisdiction, (2)

courts of general jurisdiction, (3) courts of intermediate appellate jurisdiction, and (4) courts of

last resort.

7.4

CHAPTER SUMMARY