Chapter 7.ppt 1

SOC 3880
Intro to Criminal Justice
mbritz@clemson.edu
Criminal Justice
CHAPTER 7
ORIGINS AND
ORGANIZATION
OF THE COURTS

© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
7.1
7.2
7.3
7.4
7.5
Outline the history and development of American courts.
Describe the organization of the local, state, and federal court
systems in the United States.
Explain the dual court system.
Explain the role of the U.S. Supreme Court in the American court
system.
Describe the characteristics, roles, and responsibilities of the
primary courtroom participants.
CHAPTER OBJECTIVES

7.6
7.7
7.8
7.9
7.10
Explain the adversarial relationship between the prosecution
and defense.
Define terms related to the history of, structure of, and key
players in the courts.
Summarize victimology and the history of victims' rights.
Summarize laws enacted on the behalf of victims.
Define and describe some alternatives to adjudication in the
criminal court system.
CHAPTER OBJECTIVES

Outline the history and development
of American courts.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
7.1

7.1

Describe the organization of the
local, state, and federal court systems
in the United States.
Learning Objectives
7.2

Supreme Court of the United States
9 Justices (with 1 Chief Justice)
United States
Courts of Appeals
(12 Circuits)
United States
Courts of Appeals
for the Federal Circuits
United States
Courts of Military Appeals
7.2
94 District courts,
Including 3
Territorial Courts
(basic federal trial
courts)
United States
Tax Court
United
States
Court of
International
Trade
United
States Court
of Federal
Claims
United
States Court
of Veterans
Appeals
Army, Navy,
Marine Corps, Air
Force, and Coast
Guard Courts of
Military Review
Figure 7-1. The Structure of the Federal Courts.
7

7.2
Court of Last Resort
(State Supreme Court)
Intermediate Appellate Court(s)
(in 39 of 50 States)
Trial Courts of General Jurisdiction
(Superior Courts, Circuit Courts, Courts of Common
Pleas, and—in New York—"Supreme Court")
Probate Court
(Wills, Guardianship,
Estates, Trusts)
Trial Courts of Limited Jurisdiction
("Lower Courts," also called Misdemeanor Courts)
Justice of the Peace
and Police
Magistrate's Courts
District Courts or
County Courts
Municipal and
Magistrate's Courts
Traffic, Family,
Juvenile, Gun,
Drug, and Other
Special Courts
Figure 7-2. A Typical State Court System.
8

The Federal Court System7.2
9

Federal Judicial Courts7.2
10

Explain the dual court system.
Learning Objectives
7.3

Federal
System
State
System
7.3
12

Criminal
Law
Civil
Law
7.3
13

Explain the role of the U.S. Supreme
Court in the American court system.
Learning Objectives
7.4

Writ of
Certiorari
Judicial
Review
7.4
The U.S.
Supreme
Court
15

Describe the characteristics, roles,
and responsibilities of the primary
courtroom participants.
Learning Objectives
7.5

Upper Saddle River, New Jersey 07458 • All Rights Reserved17
7.5

7.5

7.5
Public
Defender
Court-
Assigned
Counsel
Private
Attorney

7.5

The Justice for All Act of 20047.5
23

7.5

Defense
Counsel
Prosecution
Judges
Sheriffs Clerks
Stenographers Witnesses
7.5
25

Explain the adversarial relationship
between the prosecution and
defense.
Learning Objectives
7.6

7.6
Prosecution Defense

Define terms related to the history of,
structure of, and key players in the
courts.
Learning Objectives
7.7

Summarize victimology and the
history of victims' rights.
Learning Objectives
7.8

7.8
Victimology

7.8

7.8
Present1960s

Summarize laws enacted on the
behalf of victims.
Learning Objectives
7.9

7.9

7.9
Monetary
Reimbursement
Victim Impact
Statements
Victim-
Participation
Programs
Medication and
Reconciliation

Define and describe some
alternatives to adjudication in the
criminal court system.
Learning Objectives
7.10

Alternatives to Adjudication7.10
Community
Prosecution
Dispute
Resolution
Mental
Health
Courts
Felony Drug
Courts
Community
Courts
37

7.1
During the American Revolution the courts increasingly were used as a
forum to dispute "unjust" laws imposed by England, such as laws that
taxed the colonies for paper, tea, various other imports, and trade with
non-English nations. Because of shortages of desired goods and the
high prices people had to pay when these goods were obtained by
legitimate means, smuggling became common. Customs officials
often were harassed, threatened, and beaten, but few juries were
willing to convict alleged assailants. It was argued in court that
taxation on the colonies without representation in the British Parliament
was unjust. Unlike juries today, juries at that time were permitted to
address the legitimacy of a law rather than the illegal act alone. The
establishment of the United States in the late eighteenth century, the
rapid growth of a population that included immigrants from many
nations, and rapid urbanization created a need for more courts with
specialized tasks. Differing legal and social cultures often clashed,
requiring court systems to decide disputes neutrally.
CHAPTER SUMMARY

7.2
The vast majority of criminal cases are heard in state courts, because
most felonies are defined by state laws. There are three levels of
jurisdiction: limited, general, and appellate. These are found in all state
court systems, but each state determines how its system is organized.
The legal authority of courts of limited jurisdiction is restricted to certain
specific types of cases. Courts of Summary general jurisdiction are
often referred to as trial courts, and most felony trials are held at this
level. Appellate courts hear appeals from courts of general
jurisdiction. The federal court system parallels the state court systems.
There are courts of limited jurisdiction such as the U.S. Court of Claims.
There are also courts of general jurisdiction, the U.S. district courts;
these are located throughout the country and hear cases involving
alleged violations of federal law. There are two levels of federal
appellate courts. The intermediate level consists of U.S. courts of
appeals. The highest level is the U.S. Supreme Court.
CHAPTER SUMMARY

7.3
The United States has two separate court systems: federal and state. The
"dual" system means we have state laws and federal laws and state court
cases involve state laws and federal cases involve state laws.
7.4
The U.S. Supreme Court can hear on appeal any case involving federal
law, suits between states and cases involving interpretations of the U.S.
Constitution. The Court can choose which cases it will hear through a
procedure termed certiorari; a writ of certiorari is issued when four or
more justices believe that the legal issues presented in a case merit
review. The decisions of the Supreme Court are made by a majority vote
of the nine justices, who are appointed for life by the president with the
consent of the Senate.
CHAPTER SUMMARY

7.5
Prosecutors represent the community in bringing charges against an
accused person. Most prosecutors are elected officials and therefore
may feel pressure to make "popular" prosecution decisions. Other
influences on prosecutors' decisions include caseload pressures and
the need to maintain good relations with other actors in the
adjudication process. Defense attorneys represent the legal rights of
the accused in criminal proceedings. They examine the evidence used
to establish probable cause and assess the strength of the evidence to
be used to prove guilt. The duties of judges are to objectively assess
the strength of a case, to rule on issues of law and procedure, and
sometimes to determine the ultimate disposition of a case. Judges are
selected in a variety of ways, including appointment, nonpartisan
election, and merit selection.
7.6
The role of the defense counsel can engender conflict with police and
prosecutors, and with victims and witnesses who may believe they are
being "attacked" by the defense. An effective defense attorney,
however, skillfully examines the reliability and validity of the evidence
produced by police, prosecutors, victims, and witnesses; the attorney
does not attack anyone as an individual. Attaining this neutrality is
difficult.
CHAPTER SUMMARY

7.8
Victimology is the study of crime victimization, as well as the
interactions between victims and the criminal justice system.
However, the criminal justice process is not designed to settle private
disputes between victims and offenders; that is the purpose of civil
law. In recent years new strategies have been developed, such as
emergency relocation and support of victims and witnesses, more
extensive pretrial and courtroom security measures, and coordination
with other agencies that provide support services. These measures are
part of what has been called the "victims' rights movement," which is a
grassroots effort to make the criminal justice system more responsive
to the perspective and suffering of crime victims. More than 10,000
organizations now provide counseling, transportation to court,
temporary housing, and advocacy services for victims.33 To the
extent that the victims' rights movement has helped keep victims
informed, aware, and protected in the adjudication process, it has
accomplished a useful public service.
7.7 See page 248 for Key Terms.
CHAPTER SUMMARY

7.9
1. The right to be reasonably protected from the accused.
2. The right to reasonable, accurate, and timely notice of any public
court proceeding or any parole proceeding involving the crime, or of
any release or escape of the accused.
3. The right not to be excluded from any such public court
proceeding, unless the court, after receiving clear and convincing
evidence, determines that testimony by the victim would be
materially altered if the victim heard other testimony at that
proceeding.
4. The right to be reasonably heard at any public proceeding in the
district court involving release, plea, sentencing, or any parole
proceeding.
5. The reasonable right to confer with the attorney for the Government
in the case.
6. The right to full and timely restitution as provided in law.
7. The right to proceedings free from unreasonable delay.
8. The right to be treated with fairness and with respect for the victim's
dignity and privacy.
7.10 Felony drug courts, mental health courts, dispute resolution, community
prosecution, and community courts.
CHAPTER SUMMARY

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