2. The Criminal Court
Process
Overloaded court dockets have given
rise to charges of “assembly-line
justice”
A majority of defendants are induced to
plead guilty
Jury trials are rare
The speedy trial is highly
desired but unattainable
4. State Court Systems
Each state maintains its own state
court organization and structure
Common state courts include:
Limited jurisdiction courts
General jurisdiction courts
Appellate courts
5. State Court Systems
Courts of Limited Jurisdiction
Misdemeanor criminal infractions
Violations of municipal ordinances
Traffic violations
Civil suits where the damages involve less
than a certain amount of money
6. State Court Systems
Specialized Courts
What Makes Specialized Courts Different?
Outcomes above process
Judicial monitoring
Informed decision making
Collaboration
Non-traditional roles
Systemic change
7. State Court Systems
Specialized Courts
Drug Courts
Mental Health Courts
Community Courts
Domestic Violence Courts
Gun Courts
Other specialized courts
8. State Court Systems
A state of federal court that has
jurisdiction over felony offenses
Each state has at least one court of last
resort, usually called a state supreme
court
State criminal appeals are heard in the
appellate courts and these courts review
decisions by trial courts and administrative
agencies before they reach the supreme
court stage
12. Federal Courts
District Courts
Trial courts of the federal system
Civil rights
Interstate transportation of stolen vehicles
Kidnappings
Citizenship
Rights of aliens
13. Federal Courts
Federal Appeals Courts
Sometime referred to as U.S. circuit courts
There are 13 of them
Review federal and state appellate court
cases on substantive and procedural issues
involving rights guaranteed by the
Constitution
15. Federal Courts
The U.S. Supreme Court
Nation’s highest appellate body
Appointed by the President
Approved by Congress
Only court established by the Constitution
Decides important political and social
issues
Shapes the future meaning of the
Constitution
17. Federal Courts
Most cases that come before the
Supreme Court involve significant
federal questions, usually of a
constitutional nature
When the Supreme Court decides to hear
a case, it grants a writ of certiorari
requesting a transcript of the proceedings
of the case for review
For a writ to be granted, ordinarily 4
justices must agree to hear the case – this
is known as the rule of 4
18. Federal Courts
Witten and oral arguments are then
heard
In reaching a decision, the Supreme Court
reevaluates and reinterprets state
statutes, the U.S. Constitution, and
previous case decisions
The Court either affirms
or reverses the decision
of the lower court
19. Court Congestion
State court systems now handle about
100 million new cases annually, which
has led to significant delay and
congestion
Congestion is time-consuming and costly,
and delay can threaten
the Sixth Amendment
right to a speedy trial
21. The Judiciary
Duties of the Judge
Rule on the appropriateness of conduct
Settle questions of evidence and
procedure
Guide the questioning of witnesses
Instruct jurors
Decide cases
Sentencing
23. The Judiciary
Other Judicial Functions
Probation
Court clerk
Court reporters
Public defender
District attorney’s office
24. The Judiciary
Judicial Qualifications
Resident of the state
Licensed to practice law
Member of the state bar association
At least 25 and less than 70 years of age
Some municipal or town court judges do
not need law degrees
27. The Judiciary
Missouri Plan:
A judicial nominating commission to
nominate candidates for the bench
An elected official to make appointments
from the list submitted by the commission
Subsequent nonpartisan and
noncompetitive elections in which
incumbent judges run on their records
and voters can choose either to retain or
to dismiss them
29. The Judiciary
Alternative dispute resolution (ADR) –
Judicial alternative
Arbitration
A process of dispute resolution in which a
neutral third party (arbitrator) renders a
decision following a hearing at which both
parties agree to be heard
Arbitration is usually binding, whereas
mediation is not
30. The Judiciary
Alternative dispute resolution (ADR) –
Judicial alternative
Mediation
An informal dispute resolution process in
which a neutral third party (mediator) helps
disputing parties reach an agreement
Mediation usually comes before arbitration
31. The Judiciary
The law is but one factor that appears
to influence judges’ decisions
Factors that influence judicial decision
making include:
Attitudes, ideology, and opinions
Demographic characteristics
Reelection
32. The Prosecutor
The prosecutor
An appointed or elected member of the
practicing bar who is responsible for
brining the state’s case against the
accused
Routinely criticized for bargaining justice
away
33. Prosecutor Duties
Representing the
government in pretrial
hearings and in motion
procedures
Entering into plea
bargaining negotiations
Trying criminal cases
Recommending
sentences
Representing the
government in appeals
Investigating possible
violations of the law
Cooperating with police
in investigating a crime
Determining what the
charge will be
Interviewing witnesses
in criminal cases
Reviewing applications
for arrest warrants and
search warrants
Subpoenaing
witnesses
34. The Prosecutors
Prosecutors and law enforcement work
together in the following areas:
The police investigation report
Providing legal advice
Training police personnel
35. The Prosecution
Prosecutorial discretion is the
prosecutor’s authority to decide whether
to bring a case to trial or to dismiss it
outright
Has broad discretion and is subject to few
limitations
Factors linked to prosecutorial decision
making:
System factors
Case factors
Disposition factors
Political factors
36. The Prosecution
Common reasons for rejection or
dismissal of a criminal case:
Insufficient evidence
Witness problems
The interests of justice
Due process problems
A plea on another case
Pretrial diversion
Referral for other prosecution
39. The Defense Attorney
The Defense Attorney
Legal counsel for the defendant in a
criminal case, representing the accused
person from arrest to final appeal
Experiences many
role conflicts
40. The Defense Attorney
Functions
Preparing the case
for trial
Filing and arguing
legal motions with
the court
Representing the
defendant at trial
Providing assistance
at sentencing
Determining the
appropriate basis for
appeal
Investigating the
incident
Interviewing the
client, police, and
witnesses
Discussing the
matter with the
prosecutor
Representing the
defendant
Entering into plea
negotiations
41. Defending the Accused
The right to counsel begins at the
earliest stages of the justice system
A defendant who lacks the funds to hire a
private attorney and is therefore entitled to
free counsel
42. Defending the Accused
A public defender
An attorney employed by the government
to represent criminal defendants who
cannot afford to pay for a lawyer
Assigned counsel
A private attorney appointed by the court
to represent a criminal defendant who
cannot afford to pay for a lawyer
43. Defending the Accused
In the contract system, there is a
provision of legal services to indigent
defendants by private attorneys under
contract to the state or county
A mixed system uses both public
defenders and private attorneys
44. Thinking Point
• If you were arrested for a serious
felony:
Would you prefer a paid/private attorney
or a public defender?
What factors would determine your
choice?
Do you think the likelihood of being found
guilty would depend upon the type of
attorney you chose?
45. Public vs Private Attorneys
Research indicates that state
appointed attorneys do well in court
Private counsel may have a slightly better
track record in some areas, but court
appointed attorneys do quite well
46. Problems of the Criminal
Bar
Conflicts have helped erode the
formal justice process, which is based
on the adversary system
The informal justice system revolves
around the common interest of its
members to move the case along and
settle matters
Notes de l'éditeur
Learning Objectives One, Two, & Three
Learning Objectives One, Two, & Three - Rodney Smith sits in a forklift as he talks to VP and general manager Rob Woodward at Pennsylvania Scale Company in Lancaster, Pennsylvania, on April 27, 2012. Smith thought he saw intruders in his home one night and accidentally shot his wife. He had experienced hallucinations. Smith avoided state prison because he was one of the first offenders accepted into Lancaster County’s mental health court, an alternative to incarceration for people whose crime has roots in severe psychiatric illness.
Learning Objectives One, Two, & Three
Learning Objectives One, Two, & Three
Figure 9.1 A Model of a State judicial System
* Courts of special jurisdictions, such as probate, family, or juvenile courts, and the so-called inferior courts, such as common pleas or municipal courts, may be separate courts or part of the trial court of general jurisdiction.
Figure 9.4 The Federal Judicial System
Learning Objective Four
Learning Objective Four
Figure 9.5 U.S. Circuit Map
Learning Objective Four
Learning Objective Five - Supporters of convicted killer Troy Davis hug and cry after a last minute U.S. Supreme Court appeal was denied at the Georgia Diagnostic and Classification prison. Davis was executed by lethal injection on September 21, 2011.
Learning Objective Six - Inmates file out of the prison bakery after working the morning shift at the Rikers Island jail in New York. Prosecutors want state legislation that would automatically turn a certain number of misdemeanor convictions into a felony, thus calling for prison time. Critics say ramping up prison time for repeat offenders committing low-level crimes could unintentionally increase courtroom backlogs. Who is correct?
Learning Objective Six - On March 3, 2010, Lonnie Helms, who has been arrested in Monroe County (Florida) 15 times since 2004, tells Key West police officers he’s doing nothing wrong. In the two previous months, Key West police arrested more than 70 vagrants for “quality of life” offenses: aggressive panhandling, trespassing, fighting, public intoxication, defecating on public property, and using residents’ outdoor showers and electricity. Such arrests invariably lead to congestion in the courts, and many such offenders are promptly released.
Learning Objective Seven
Learning Objective Seven
Learning Objective Seven
Learning Objective Nine - In many states, judges are selected by partisan elections, and campaigning is part of their routine. Here, Cliff English, the father of city court candidate Mark J. English, posts a campaign sign for his son.
Learning Objective Nine
Learning Objective Eleven
Arapahoe County District Attorney Carol Chambers leaves a press conference after addressing the media following the advisement hearing for James Holmes on July 23, 2012, at the Arapahoe County Courthouse in Centennial, Colorado. According to police, Holmes committed one of the worst mass shootings in American history, killing 12 people and injuring 58 when he opened fire on a movie theater showing the premiere of The Dark Knight Rises.
Figure 9.7 County District Attorney’s Office
Former U.S. Marine Itzcoatl Ocampo, 23, an Iraq war veteran, speaks with his defense attorney Randall Longwith during his arraignment on charges of four counts of first-degree murder in Santa Ana, California, February 6, 2012. Ocampo, who pleaded not guilty, was accused of several killings, including those of four homeless men.
Public defenders are assigned to indigent defendants who cannot afford to pay for their own defense. Here, murder suspect John Mark Karr listens with his attorney, deputy public defender Haydeh Takasugi, during an extradition hearing in Los Angeles Superior Court. Karr made national headlines when he confessed to murdering JonBenet Ramsey, but DNA evidence showed that he could not have committed the crime.
