courts and the quest for justice. in theory: courtroom ideals courts have extensive powers in our...

Courts and the Quest for Justice

In Theory: Courtroom Ideals

Courts have extensive powers in our criminal justice system.

The courts legitimacy is based on two factors: Impartiality Independence

In Practice: The American Judicial System

Jurisdiction: Geographic jurisdiction International jurisdiction Subject-matter jurisdiction

Courts of general jurisdiction Courts of limited jurisdiction

Trial and Appellate Courts

Trial Courts: Have original jurisdiction Are concerned with questions of fact

Appellate Courts: Courts of review Concerned with questions of law

The Dual Court System The dual court system is comprised of both federal

and state courts. Both federal and state courts have limited

jurisdiction. Federal courts enforce federal statutes. State courts enforce state statutes.

The distinction between the courts is not always clear. Insome cases, both courts have jurisdiction over the samecriminal behavior

State Court Systems

The state court system includes: Trial courts of general jurisdiction Appellate courts The state’s highest courts

The Federal Court System

Three-tiered model: U.S. District Court U.S. Court of Appeals United States Supreme Court

The Federal Court SystemThe United States Supreme Court: Highest court in the United States Nine justices, led by the Chief Justice Reviews fewer than 0.5 cases Cases selected through writ of certiorari, issued by

the rule of four. Makes policy in two ways:

Judicial review Interpretation of the law

The Federal Court System The United States Supreme Court normally does not

hear any evidence. The court’s decision is based on the written records,

written arguments, and occasionally oral arguments. Justices decide each case in conference, and then the

senior justice on the majority side writes the opinion. Concurring opinions Dissenting opinions

Judges in the Court SystemThe duties of judges before trial include determining: Whether there is sufficient probable cause to issue

an arrest or search warrant, or to authorize electronic surveillance

Whether the defendant should be release on bail and the amount of that bail

Whether to accept pretrial motions Whether to accept a plea bargaining

Judges in the Court System

During the trial judges are: Referees Teachers Administrators

Judges in the Court System

Selection of Judges: Federal court judges

Appointed by the President and confirmed by the senate.

Life-time appointment.

Judges in the Court SystemSelection of Judges State court judges

Appointment Election

Partisan elections Nonpartisan elections

Merit selection (The Missouri Plan)

Judges in the Court SystemJudicial Ethics: The American Bar Association created the first code The Model Code of Judicial Conduct is the basis for

conduct codes in 47 states and the District of Columbia.

Many address not only illegal and corrupt conduct, but the personal conduct of judges

Judges in the Court System

The Recusal Requirement: The judge has a personal bias against one of the

parties Prior to entering the judiciary, the judge worked on

the case in question The judge or his/her family have a financial or other

interest in the case The judge or his/her family may be called as

witnesses in the case

The Courtroom Work GroupMembers of the courtroom work group: Judges Prosecutors Defense attorneys Bailiffs Clerks of the court Court reporters

The Courtroom Work Group

Each member of the court room carries out specialized tasks.

The judge is the leader of the work group. Laissez-faire judges. “Tough-on-crime” judges.

The Courtroom Work GroupThe Prosecution Criminal cases are tried by public prosecutors, who

are employed by the government. The attorney general is the chief law enforcement

officer in any state. Each jurisdiction has a chief prosecutor who is

appointed, or more often, elected. Chief prosecutors often have numerous assistant

prosecutors.

The Courtroom Work GroupThe ProsecutionProsecutors act as officers of the law during

criminal trials. During the pretrial period, they have the

discretion to determine: Whether a suspect will be charged with a crime The level of charges to be brought against the

suspect If and when to stop the prosecution

The Courtroom Work Group

The Courtroom Work GroupThe Defense Attorney: Provides legal representation to criminal defendants during

the court process. Investigating the incident for which the defendant has been charged. Communicating with the prosecutor, which includes negotiating plea

bargains Preparing the case for trial. Submitting defense motions, including motions to suppress evidence. Representing the defendant at trial. Negotiating a sentence, if the client has been convicted. Determining whether to appeal a guilty verdict

The Courtroom Work GroupThere are two types of defense attorneys: Private attorneys Public defenders / court appointed.

Gideon v. Wainwright (1963) In re Gault (1967) Argersinger v. Hamlin (1972)

The Courtroom Work GroupAttorney-Client Privilege: Communication between defense attorneys

and their clients must be kept confidential unless the client consents to disclosure.

This privilege extends to criminal confessions.

Exceptions to attorney-client privilege