courts and the case process. i. the two systems of criminal courts a. federal and state courts (more...
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Courts and the Case Process
I. The Two Systems of Criminal Courts
A. Federal and state courts (more trials take place in state courts)
B. Federal Courts (three levels)
1. District Court
2. Circuit Court of Appeals
3. Supreme Court
I. The Two Systems of Criminal Courts
C. State Courts 1. Each state has own criminal court system 2. Three levels
a. Trial Courts 1) Limited Jurisdiction – try misdemeanors,
lesser offenses2) Unlimited Jurisdiction – try felony cases
b. Intermediate Court of Appealsc. State Supreme Court
II. Judges and Judicial Independence
A. Trial judges make legal rulingsB. Constitution tries to ensure judicial
independenceC. State Judges
1. Different states select judges in different ways (direct elections, appointments)
2. Many states allow voter to recall judges they don’t think belong on the bench
3. System tries to allow judges to stay away from politics
III. Criminal Lawyers
A. Prosecutors 1. Government employees2. Represent the public and then present
the government’s case against the defendant
3. Must prove the defendant’s guilt beyond a reasonable doubt
4. Also responsible for deciding whether to bring charges
III. Criminal LawyersB. Defense Attorneys
1. Prepare and present defendant’s case at pretrial hearings, at trial, and on appeal
2. Defendant has right to have a lawyer present at any interrogation
3. Can be either private attorneys or public employees
4. Everyone has a right to a lawyer; one provided for you if you can’t afford one
a. Usually get assigned a PUBLIC DEFENDER
b. Public defender a government employee
IV. The Criminal Case Process A. Adversary System
1. Opposing attorneys introduce evidence to neutral fact finders (judge or jury)
2. Fact finder decides the facts of the case and comes to a verdict
3. Attorneys present facts that benefit their side4. Believed that the truth will come out by putting two
sides against each other
B. Facts 1. EVIDENCE: facts used to prove a point before court 2. Comes from testimony of witnesses or physical item
related to the scene