courts and the quest for justice © 2002 wadsworth publishing co. chapter 8 introduction to criminal...

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