2. Due Process and Crime Control in the Courts
◦ The Due Process Function
◦ The Crime Control Function
The Rehabilitation Function
The Bureaucratic Function
3. Define jurisdiction, and contrast geographic and
subject matter jurisdiction.
4. Jurisdiction - the authority of a court to hear and
decide cases within an area of the law or a
geographic territory.
◦ Geographic jurisdiction
◦ International jurisdiction
◦ Subject-matter jurisdiction
Courts of general jurisdiction
Courts of limited jurisdiction
5. Explain the difference between trial and appellate
courts.
6. Trial Courts:
Have original jurisdiction
Are concerned with questions of fact
Appellate Courts:
Courts of review
Concerned with questions of law
7. 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. In some cases, both courts have
jurisdiction over the same criminal behavior.
8.
9. Outline the several levels of a typical state court
system.
10.
11. The state court system includes:
Courts of limited jurisdiction
Trial courts of general jurisdiction
Appellate courts
The state’s highest courts
13. Three-tiered model:
U.S. District Court
U.S. Court of Appeals
United States Supreme Court
14.
15. The United States Supreme Court:
Highest court in the United States
Nine justices, led by the Chief Justice
Reviews fewer than 0.5 percent of cases
Cases selected through writ of certiorari, issued by the
rule of four
Makes policy in two ways:
◦ Judicial review
◦ Interpretation of the law
16. Explain briefly how a case is brought to the
Supreme Court.
17. 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
18. The 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
19.
20. Questions:
◦ We don’t typically think of being a judge as a “high-risk”
job like we do a police officer. Do you think if you were a
family court judge you were consider potential familial
reactions into your verdicts? Do you think the risk
represented in this story is real, or another example of
media over-exaggeration?
21. Selection of federal court judges
◦ Appointed by the President and confirmed by the senate
Selection of state court judges
◦ Appointment
◦ Election
Partisan elections
Nonpartisan elections
◦ Merit selection (The Missouri Plan)
22.
23. List and describe the members of the courtroom
work group.
24. Members of the courtroom work group:
Judges
Prosecutors
Defense attorneys
Bailiffs
Clerks of the court
Court reporters
25. 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.
26. The 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.
27. List the different names given to public
prosecutors, and indicate the general power that
they have.
28. The Prosecutors 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
29.
30. Describe the responsibilities of defense attorneys.
31. The Defense Attorney:
◦ Provides legal representation to criminal defendants during the
court process.
◦ Investigates the incident for which the defendant has been
charged.
◦ Communicates with the prosecutor, which includes negotiating
plea bargains
◦ Prepares the case for trial.
◦ Submits defense motions, including motions to suppress
evidence.
◦ Represents the defendant at trial.
◦ Negotiates a sentence, if the client has been convicted.
◦ Determines whether to appeal a guilty verdict
32. There are two types of defense attorneys:
Private attorneys
Public defenders
◦ Gideon v. Wainwright (1963)
◦ In re Gault (1967)
◦ Argersinger v. Hamlin (1972)
33. Attorney-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