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Chapter 8Courts, Prosecution, and the Defense
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Overview
Abstract Goals of the Court System
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
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Overview (cont.)
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.
Discretion sometimes results in disparity
Funding problems
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The Criminal Court ProcessCriticisms of the Courts
Overcrowded dockets
Assembly-line justice
Too many inducements to plead guilty
Too few jury trials
Speedy trials are unattainable
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The Criminal Court Process
State Courts
Every state has its own court system
No two are alike
Variety of cases ranging from homicide to property maintenance
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The Criminal Court Process (cont.)
Courts of Limited Jurisdiction
About 13,500 exist
Organized at municipal or county level
Restricted in types of cases they hear
May be restricted to civil or criminal cases
Dispose of minor cases; may do preliminary activities for some
felonies
Sentencing options restricted
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The Criminal Court Process (cont.)
Specialty Courts
Juvenile, family & probate courts
Courts to combat specific problems
Drug courts
Mental health courts
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The Criminal Court Process (cont.)
Courts of General Jurisdiction
Around 2,000 in the U.S.
Hear serious felony cases
Civil cases with damages over a specified amount
Appeals from lower courts
Review of transcript
Trial de novo
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The Criminal Court Process (cont.)
Appellate Courts
Each state has at least one level of appellate courts.
Highest state court, usually called the “State Supreme Court”
Court reconsiders a case that has been tired in order to determine
whether the measures used complied with accepted rules of criminal
procedure and were in line with constitutional doctrines
Appeal is not a new trial
Can order a new trial, allow defendant to go free, or uphold original
verdict
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Federal Courts
Federal Courts
Legal basis for these courts found in Article 3, sec. 1, of U.S.
Constitution
Jurisdiction over laws of U.S. and treaties
Maritime jurisdiction
Over controversies between 2 or more states
3-tiered hierarch of court jurisdiction
U.S. District Courts
U.S. courts of appeals
U.S. Supreme Court
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Federal Courts (cont.)
U.S. District Courts
Trial courts of the federal system
Organized by Congress in the Judicial Act of 1789
Jurisdiction over violations of federal law, i.e. civil rights
violations, interstate transportation of stolen vehicles and
kidnappings
May hear inter-state lawsuits or cases where federal government
is a party to the suit
Jurisdiction may overlap that of state courts
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Federal Courts (cont.)
U.S. Courts of Appeals
Organized into 13 judicial circuits
Hear 40,000 appeals from district courts each year
Empowered to review federal and state appellate court cases
when there is a federal issue present
Do not retry the case or review the facts – only matters of
procedure and substance of the law
Current attempts to limit the right of appeal
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Federal Courts (cont.)
The U.S. Supreme Court
Nation’s highest appellate body – court of last resort for all cases
tried in federal and state courts
Only federal court created by Constitution
Nine justices appointed for life by the President with approval of
Congress
Court has discretion to choose which cases it will hear
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Federal Courts (cont.)
Supreme Court Process
Most cases (90%) are brought to the court by using a writ of
certiorari
Four of the nine justices must vote to hear the case
If the Court decides to hear a case, it reviews legal briefs and
may hear oral arguments
May decide to affirm or reverse the decision of the lower court
Decisions become precedent
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Federal and State Court Caseloads
State courts handle about one hundred million new cases each year
including:
20 million civil and domestic cases
15 million criminal cases
2 million juvenile cases
57 million traffic and ordinance violations
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Federal and State Court Caseloads (cont.)
Federal courts even though smaller, are equally burdened
Over 320,000 cases filed each year in District Courts
Criminal cases increased 55% since 1994
Circuit Courts hear more than 60,000 appeals per year
In 1969 they heard only 10,000 appeals
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Federal and State Court Caseloads (cont.)
Causes of Court Congestion
Rapidly increasing populations outpace growth in court system
Aggressive attempts to lower crime rate result in more
prosecutions
Complexity of the law and advances in technology
Legal reform efforts may require more trials
Frivolous lawsuits
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The Judiciary
Primary duty is to oversee the trial process
Ensures appropriate conduct
Settles questions of evidence and procedure
Guides questioning of witnesses
Responsible for guiding the jury
Decides case when a jury is not used (bench trial)
Determines the sentence
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The Judiciary (cont.)
Judicial Functions
Extensive control over probation officers and court clerk
Exerts influence over police and prosecutors
Decisions may shape social policy
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The Judiciary (cont.)
Judicial Qualifications
Qualification vary by state
Typical qualifications are:
Resident of the state
Between 25 and 70 years of age
Member of state bar licensed to practice law
Lower courts may not require law degree
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The Judiciary (cont.)
Judicial Selection Systems
Appointment
Popular election
Nonpartisan election
Missouri Plan
Judicial nominating commission
Appointed by governor from commission’s list
Retention election
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The Prosecutor
The Prosecutor
May be called district attorney, county attorney, state’s attorney,
or U.S. attorney depending on the level of government and
jurisdiction
Responsible for representing the public in criminal trials
Around 2,400 state court prosecutors offices
Employ 65,000 attorneys, investigators and support staff
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The Prosecutor (cont.)
General Duties
Provide advice to law enforcement officers during investigations
Represents the state during pretrial plea negotiations, motions,
evidence, and bail hearings
Represents the state at other hearings, criminal trials and
appeals
Legal advisor to county commissioners and other elected officials
Implementation of special programs
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The Prosecutor (cont.)
Types of Prosecutors
U.S. Attorneys – appointed by the President
Federal prosecutors are professional civil service employees
State & county levels, attorney general and district attorney are
chief prosecutorial officers
Political appointees
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Prosecutorial Discretion
Prosecutorial Discretion
Exercises great deal of discretion
Decides whether to file charges – attempt to screen out weak
cases
May drop charges during the process nolle prosequi
May leave decision to charge someone with minor crime primarily
to police discretion
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Prosecutorial Discretion (cont.)
Legal Issues Influencing Prosecutorial Discretion
Quality of police work and amount of relevant evidence
Seriousness of offense
Defendant’s prior arrest record
Danger to community
Victim Issues Influencing Prosecutorial Discretion
Attitude and behavior of the victim
Reluctance of victim to press charges
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Prosecutorial Discretion (cont.)
Extra Legal/Resource Issues Influencing Prosecutorial Discretion
Offenders’ race, gender, and ethnicity
Cost of the prosecution to the system
Availability of alternatives
Interest group’s influence causes to focus on particular types of
offenses
Fear of losing case – political ramifications
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Prosecutorial Discretion (cont.)
The Role of Prosecutorial Discretion
Can prevent unnecessarily rigid implementation of criminal law
Humanize operation of criminal justice system
Too much discretion can lead to abuse
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Judicial Selection Systems (cont.)
Types of Prosecutorial Misconduct
making disruptive statements in court
failure to adhere to sentence recommendations pursuant to a
plea bargain
represented a criminal defendant currently under prosecution
making public statements harmful to the office
withholding evidence
using power in vindictive manner to punish defendants who insist
on exercising their constitutional rights
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The Defense Attorney
Integral part of adversarial system
Required to uphold integrity of the legal profession
Must observe ABA Code to provide zealous defense within
boundaries of law
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The Defense Attorney (cont.)
Courts do not require assistance of counsel for accused in:
Pre-indictment lineups
Booking procedures
Grand jury investigations
Appeals beyond first review
Disciplinary proceedings in correctional institutions
Post-release revocation hearings
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The Right to Counsel
Legal Services for Indigents
Gideon v. Wainwright
Argersinger v. Hamlin
Public defender systems
Assigned counsel systems
Contract systems
Private attorneys
Most do not practice criminal law
Debate over effectiveness of private attorneys versus
attorneys provided by state
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The Competence of Defense Attorneys
Strickland v. Washington
Inadequate counsel
Refuse to meet with client
Fail to cross-examine witnesses
Fail to investigate case
Poor advice to client
Conflict of interest between codefendants’ counsel
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Court Administration
Administrative Office Act, 1939
States have been slow to apply court management principles
All states now have some form of court administration
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Court Administration (cont.)
Computers allow courts to fulfill many functions more efficiently
Maintain case history and statistical reporting
Monitor and schedule cases
Prepare documents
Index cases
Issues summonses
Notify witnesses, attorneys, and others of required appearances
Select and notify jurors
Prepare and administer budgets
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Court Administration (cont.)
Developing Areas of Court Technology
Communications
Videoconferencing
Evidence presentation
Case management
Internet utilization
Information sharing