Schmalleger ch07 lecture
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This document provides an overview of the American court system, including both federal and state courts. It discusses the structure and jurisdiction of trial courts, appellate courts, and the U.S. Supreme Court. It also covers important criminal justice processes that occur in courts like bail, grand juries, preliminary hearings, arraignment, pleas and plea bargaining.
Schmalleger ch07 lecture
- 1. Criminal JusticeCriminal Justice A Brief IntroductionA Brief Introduction CHAPTER Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger ELEVENTH EDITION The Courts 7
- 2. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger FIGURE 7-1 The Structure of the Federal Courts
- 3. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger History and Structure of theHistory and Structure of the American Court SystemAmerican Court System • Federal Court System  The three-tiered structure of the federal courts, comprising U. S. district courts, U. S. courts of appeals, and the U. S. Supreme Court continued on next slide
- 4. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger History and Structure of theHistory and Structure of the American Court SystemAmerican Court System • State Court System  A state judicial structure and most states generally have at least three court levels. • Trial courts, appellate courts, and a state supreme court
- 5. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger History and Structure of theHistory and Structure of the American Court SystemAmerican Court System • Jurisdiction  The territory, subject matter, or people over which a court may exercise lawful authority
- 6. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The State Court SystemThe State Court System • Original Jurisdiction  The lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts • Appellate Jurisdiction  The lawful authority of a court to review a decision made by a lower court
- 7. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Development of State CourtDevelopment of State Court SystemsSystems • The development of state courts  Each of the original American colonies had its own state court system.  By 1776, all of the American colonies had established fully functioning court systems. • By the late 19th century, there was a tremendous increase in civil litigation and criminal arrests. continued on next slide
- 8. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Development of State CourtDevelopment of State Court SystemsSystems • State court systems developed by following one of several models:  New York State Field Code of 1848  Federal Judiciary Act of 1789  Federal Reorganization Act of 1801 continued on next slide
- 9. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Development of State CourtDevelopment of State Court SystemsSystems • States that followed the federal model developed a three-tiered structure:  Trial courts of limited jurisdiction  Trial courts of general jurisdiction  Appellate courts
- 10. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger State Court Systems TodayState Court Systems Today • A centralized court structure composed of a clear hierarchy of trial and appellate courts • The consolidation of numerous lower- level courts with overlapping jurisdictions continued on next slide
- 11. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger State Court Systems TodayState Court Systems Today • A centralized state court authority that would be responsible for budgeting, financing, and managing all courts within a state
- 12. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger State Trial CourtsState Trial Courts • Trial courts of limited jurisdiction are also called lower courts.  Authorized to hear only less serious cases  Rarely hold jury trials  A detailed record of the proceedings is not maintained. continued on next slide
- 13. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger State Trial CourtsState Trial Courts • Trial courts of general jurisdiction are also called high courts, circuit courts, or superior courts.  Authorized to hear any criminal case  Also provide first appellate level for courts of limited jurisdiction  Trial de novo • Term applied to cases that are retried on appeal
- 14. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger State Appellate CourtsState Appellate Courts • There are intermediate appellate courts and high-level appellate courts. • All states have supreme courts, but only 39 have intermediate appellate courts continued on next slide
- 15. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger State Appellate CourtsState Appellate Courts • Appeal  The request that a court with appellate jurisdiction review the judgment  Most states have automatic appeal on death sentences or life in prison. continued on next slide
- 16. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger State Appellate CourtsState Appellate Courts • Most convictions are affirmed on appeal. • If the defendant wins the appeal, the verdict of the trial court is reversed and the case may be sent back for a new trial or remanded. • Keeney v. Tamayo-Reyes (1992) • Herrera v. Collins (1993) continued on next slide
- 17. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger State Appellate CourtsState Appellate Courts • National Center for State Courts (NCSC)  An independent, nonprofit organization dedicated to the improvement of the American court system continued on next slide
- 18. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger State Appellate CourtsState Appellate Courts • Administrative Office of the United States Courts (AOUSC)  Prepares the budget and legislative agenda for the federal courts  Compiles and publishes statistics
- 19. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Dispute-Resolution Centers andDispute-Resolution Centers and Community CourtsCommunity Courts • Dispute-Resolution Center  Informal hearing place designed to mediate interpersonal disputes without resorting to a more formal arrangement of a criminal trial court continued on next slide
- 20. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Dispute-Resolution Centers andDispute-Resolution Centers and Community CourtsCommunity Courts • Community Courts  A low-level court that focuses on quality-of-life crimes that erode neighborhoods' morale, that emphasize problem-solving rather than punishment
- 21. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Federal Court SystemThe Federal Court System • Federal courts were created by the U. S. Constitution, Article III, Section 1. • Federal courts consist of 3 levels:  U. S. district courts  U. S. courts of appeals  U. S. Supreme Court
- 22. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger U. S. District CourtsU. S. District Courts • The trial courts of the federal court system • Handle both civil and criminal • 94 federal judicial districts, one in each state • Drug prosecutions, especially in courts located close to the U. S.-Mexico border, have led to considerable growth in the number of cases filed.
- 23. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger U. S. Courts of AppealU. S. Courts of Appeal • There are 94 judicial districts, organized into 12 regional circuits. • Often referred to as circuit courts continued on next slide
- 24. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger U. S. Courts of AppealU. S. Courts of Appeal • Appeals generally fall into one of three categories:  Nonconsensual Appeals  Ritualistic Appeals  Frivolous Appeals
- 25. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger FIGURE 7.3 Geographic Boundaries of the U.S. Courts of Appeal and U.S. District Courts
- 26. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The U. S. Supreme CourtThe U. S. Supreme Court • The Court's greatest authority lies in its capacity for judicial review.  The power of the court to review actions and decisions made by other agencies of government • Four justices must agree to hear a case. • Issue a writ of certiorari • 5000 request for review; only 200 are actually heard
- 27. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger BailBail • The most common release/detention decision-making mechanism in American courts • Serves two purposes:  Helps ensure reappearance of the accused  Prevents un-convicted persons from suffering imprisonment unnecessarily continued on next slide
- 28. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger BailBail • Bail bond  A document guaranteeing the appearance of a defendant in court as required
- 29. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Alternatives to BailAlternatives to Bail • Release on recognizance (ROR)  The pretrial release of a criminal defendant on his or her written promise to appear in court as required  No cash or property bond is required. continued on next slide
- 30. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Alternatives to BailAlternatives to Bail • Property bond  The setting of bail in the form of land, houses, stocks, or other tangible property  In the event that the defendant absconds before trial, the bond becomes the property of the court.
- 31. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Pretrial Release and Public SafetyPretrial Release and Public Safety • Pretrial release is a common practice. • Danger laws  A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community
- 32. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Grand JuryThe Grand Jury • A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether or not there is sufficient evidence to bring the accused person to trial  Hearings are held in secret.  Defendant generally does not appear. continued on next slide
- 33. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Grand JuryThe Grand Jury • A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether or not there is sufficient evidence to bring the accused person to trial  No opportunity to cross-examine prosecution witnesses
- 34. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Preliminary HearingThe Preliminary Hearing • Preliminary hearing  A proceeding before a judicial officer in which three matters must be decided 1. Whether a crime was committed 2. Whether the crime occurred within the territorial jurisdiction of court 3. Whether there are reasonable grounds to believe that the defendant committed the crime continued on next slide
- 35. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Preliminary HearingThe Preliminary Hearing • Information  A formal written accusation submitted to a court by a prosecutor • Competent to stand trial  A finding by the court that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding
- 36. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Arraignment and the PleaThe Arraignment and the Plea • Arraignment  The first appearance of the defendant before the court that has the authority to conduct a trial  Two purposes 1. To once again inform the defendant of the specific charges 2. To allow the defendant to enter a plea continued on next slide
- 37. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Arraignment and the PleaThe Arraignment and the Plea • Plea  The defendant's formal answer to the charge
- 38. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Plea BargainingPlea Bargaining • Plea bargaining  The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case continued on next slide
- 39. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Plea BargainingPlea Bargaining • The vast majority of all criminal cases are eventually resolved through a negotiated plea. • After a guilty plea has been entered, it may be withdrawn with the consent of the court.