intro to law and justice ch 4 ppt

Law, Justice, and Society:A Sociolegal Introduction

Chapter 4

Federal and State Courts


“Do justice” by providing all parties with due process of law

Make public policy decisions Clarify the law through interpretation of statutes

and the application of general principles to specific fact patterns (Abraham, 1987)

What Do Courts Do?


The legal authority or power of a court to hear, pronounce on, and decide a case

Conferred by statute or constitution Four primary types:

– Personal

– Subject matter

– Geographic

– Hierarchical (Shreve and Raven-Hansen, 1994)

Jurisdiction


Involves the authority of the court over a person Occurs when a person comes in contact with the

court – By being a citizen of the state

– Or by committing an act that contravenes the laws of that state

Personal Jurisdiction


The authority of a court to hear a particular type of case

Limited jurisdiction: those courts that may hear only a specified type of case

Subject Matter Jurisdiction


Authority of courts to hear cases that arise within specified boundaries (or venues)

Events that take place (either wholly or in part) within a specific area are under the jurisdiction of that court.

Geographic Jurisdiction


Division of responsibilities and functions among the various courts

Includes:– Original and appellate jurisdiction

– Limited (as above) and general jurisdiction

Hierarchical Jurisdiction


General jurisdiction: a court has authority to hear a variety of cases

Original jurisdiction: the power of a court to hear the case initially

Appellate jurisdiction: the power of the court to review the decision of a lower court– May affirm or reverse a decision or return a case for

reconsideration– Does not conduct retrials; relies on oral arguments and

legal briefs– Concerned with legal errors

Hierarchical Jurisdiction (cont.)


Two court systems in United States: – The systems of each individual state

– The federal court system• aka Article III courts

Federal system consists of three tiers:– District courts

– Intermediate appellate courts

– The Supreme Court

U.S. Court Systems


Source: Wheeler, R., & C. Harrison: Creating the Federal Judicial System (3rd ed.).Washington, D.C.: Federal Judicial Center, 2005.


Trial court and court of original jurisdiction for the federal court system

Ninety-four federal judicial districts Number of judges ranges from two to twenty-two;

about 650 total Subordinate judicial officers called federal

magistrates who conduct preliminary proceedings and issue warrants

District Courts


Have original jurisdiction over civil and criminal cases involving federal statutes

Can hear trials for civil cases when there is a diversity of citizenship involved

Can hear state civil cases if the parties are diverse and if the amount in question exceeds $75,000

Most of the federal docket consists of civil cases. However, this has been changing as Congress in

recent years has increased the number of federal crimes.

District Courts (cont.)


In order to keep federal judiciary independent, federal judges – Are appointed for life during good behavior– Cannot receive a salary reduction during their

term in office

District Courts (cont.)


aka circuit courts Total of thirteen:

– Eleven for the fifty states– One for the District of Columbia– One for the federal circuit

District of Columbia has its own appeals court due to the large volume of cases filed there.

Court of Appeals


Jurisdiction of the court of appeals for the federal circuit hears appeals from:– Several federal administrative agencies– Patent claims– Claims court– Court of International Trade

Court of Appeals (cont.)


The remaining eleven are organized on a territorial basis.

Each circuit presides over several states. The number of judges varies

– Six in First Circuit– Twenty-eight in Ninth Circuit

Appeals heard by three-judge panels that are constantly changing

Conflicting decisions can be decided by all or part of the circuit judges sitting en banc.

Court of Appeals (cont.)


Federal Judiciary System

U. S. Courts ofAppeals (12

Circuits)

United StatesSupreme Court

U. S. Court ofAppeals for

Federal Circuit

Federal Tax and Bankruptcy

Courts; a Variety of

Agencies and Commissions

Federal Claims Court; Federal

Court of International

Trade; Various Administrative

Agencies

Federal District Courts


Court of last resort for the federal system and for state cases dealing with a federal constitutional issue

All decisions are precedents binding on all courts. These decisions can be refuted only by other

Supreme Court decisions or a constitutional amendment.

Supreme Court


Has original jurisdiction in very few cases:– Suits between the United States and a state– Suits between a state and a foreign citizen– Suits between states

Appellate docket is almost entirely discretionary.

Supreme Court (cont.)


Parties seeking appeals petition for a writ of certiorari– An order to the lower court asking to send the record up

to the Supreme Court Takes four judges to accept a case to the Court’s

docket–rule of four Otherwise, petition is denied, and lower court

ruling is left undisturbed – Does not count as a precedential setting

Only about 2 percent of petitions are granted cert.

Supreme Court (cont.)


Law is inherently conservative–reflected in Court makeup.

92 of 112 justices have been white, Protestant, and male.

First Catholic: 1835, Roger B. Taney First Jew: 1916, Louis Brandeis First black: 1965, Thurgood Marshall First woman: 1981, Sandra Day O’Connor

Supreme Court Justices


Current Court has nine justices, including one chief– Chief Justice John Roberts

Congress has the authority either to enlarge or reduce the number of justices.

Supreme Court did not initially establish a significant presence in the affairs of the country.

Today the Supreme Court plays a significant role in public affairs (Cooper, 1988).

Supreme Court Justices (cont.)


Workhorses of the American judicial system

Systems differ from state to state. In general, four tiers of courts:

– Courts of limited jurisdiction– Courts of general jurisdiction– Intermediate appellate courts– Final appellate court, or court of last resort

The State Courts


Deal with less-serious offenses and civil cases aka justice of the peace court, magistrate’s court,

municipal court, and county court May be responsible for issuing search and arrest

warrants and conducting preliminary stages of felony cases

Civilly, handle juvenile delinquency cases, family law, and probate

Courts of Limited Jurisdiction


Informal in nature No right to trial Many judges are not lawyers. No records kept except judgment Appeals are done through a trial de novo. Important for three reasons:

– Are the only experience with court system for many citizens– Process a tremendous number of cases– Involved in crucial early stages of criminal cases

Courts of Limited Jurisdiction (cont.)


Trial courts for civil and criminal matters Original jurisdiction for felony cases Also hear appeals (trial de novo) from lower

(limited jurisdiction) courts

Courts of General Jurisdiction


Small states or states with small populations have only one level of appellate courts.

Other states (thirty-eight) have two levels: – Intermediate

– Court of last resort (Meador, 1991)

Appellate Courts


aka courts of appeals Hear felony appeals of right

– Appeals that state legislatures permit all criminal defendants as a matter of law

– Occur after a final order has been entered by trial court

Intermediate Appellate Courts


Usually called the State Supreme Court Forty-eight states have one; two states (Oklahoma

and Texas) have two– One for civil cases and one for criminal cases

Number of judges varies from three to nine. Courts of last resort in states with intermediate

appeals courts hear cases on a discretionary basis. Most states require courts of last resort to hear

death penalty appeals. Only option after state supreme courts is the U.S.

Supreme Court.

Court of Last Resort


Pretrial proceedings Jury and jury selection Trial Sentencing Appeals

Overview of the Criminal Process


Begin with either the filing of a complaint or an arrest A complaint is an accusation by a private citizen or a

law enforcement officer accusing a specific person(s) of committing specific act(s).

It serves as the charging document for the preliminary hearing.

If the person is arrested, a law enforcement officer will generally fill out a complaint later.

Pretrial Proceedings


Search and arrest warrants are obtained by police officers.

Require an affidavit delineating the facts that create probable cause

After arrest, individuals are booked– An official entry into the police blotter

– Indicates suspect’s name, arrest time, offense

– Includes fingerprints and photographs

Pretrial Proceedings (cont.)


First court appearance is the initial appearance . Takes place in a municipal or justice of the peace

court Here suspect is informed of

– Constitutional rights

– Nature of the charges

– Whether bail is granted or denied, as well as amount if granted



Next appearance is the preliminary hearing. Magistrate determines if there is probable cause. If probable cause is established, defendant is “bound

over” for trial. This means that a trial date is set and defendant is

notified of pending charges. Preliminary hearing is a formal adversarial proceeding

conducted in open court.– “Critical stage” requiring counsel



Charges are then filed in one of two ways:– Information by prosecutor– Indictment by grand jury

Grand jury– Typically twenty-three people– Proceedings are not open to public.– Only members of grand jury, district attorney, and witnesses

are present.– Hears only evidence presented by state– Rare when grand juries do not return indictments– Grand juries are checks on overzealous prosecutors.



After charges are filed, the arraignment occurs. This is a formal hearing before a felony court. Defendants are advised of their rights and again

informed of the charges against them. Defendants enter a plea

– Guilty– Not guilt– No contest (nolo contendere)– Standing mute (court enters a plea of “not guilty”)– Alford plea (not widely accepted)



Juries replaced trial by combat and trial by ordeal. Originally composed of “knowledgeable witnesses” Gradually became composed of disinterested parties Juries are finders of fact; judges are finders of law. Juries need not be composed of twelve members. No requirement that juries return a unanimous verdict

unless the jury consists of fewer than twelve members “Jury of one’s peers” means the jury must be selected

from the community where the crime took place.

Jury and Its Selection


Jury selection begins once the trial date is set. Members are randomly selected from community,

generally using automobile records or voting records. Potential jurors are then summoned (i.e., venire). Prospective jurors are examined by the judge and/or

the attorneys involved to determine biases, etc., to ensure impartiality. – Called voir dire– In reality, attorneys are trying to “stack the deck” with the

most favorable jurors.– Jury consultants (especially for civil cases)

Jury and Its Selection (cont.)


Prosecution and defense may seek to remove potential jurors by using challenges.

Challenges for cause use a specific and valid reason to dismiss jurors; typically unlimited.

Peremptory challenges do not use any reason and are generally limited.– May not be based on race (Batson v. Kentucky, 1986)

– May not be based on gender (J.E.B. v. Alabama, 1994)

Jury and Its Selection (cont.)


Opening statements– First prosecution (it carries the burden of proof)– Defense can reserve its opening statement until after the

prosecution’s case-in-chief. Prosecution’s case-in-chief

– Must establish each element of the crime beyond a reasonable doubt (the burden of proof in criminal trials)

– Accomplishes this with evidence and witnesses Defense’s case-in-chief

– Not required– Several types of defense, such as alibi and affirmative

The Trial


Prosecution may choose to rebut the defense’s case. Closing arguments

– Prosecution goes last

Jury instructions and jury deliberation

The Trial (cont.)


If found not guilty, defendant is set free and protected by the double jeopardy clause.

If defendant is found guilty, sentence must be imposed.– Judge imposes sentence after issuing for a presentence

investigation report from probation.– In death penalty cases, a jury must sentence defendant.

• Ring v. Arizona, 2002

Types of sentences: incarceration, suspended sentence, probation, fines, etc.

Sentencing


Two ways to challenge a trial’s outcome: direct or indirect

Direct challenges the defendant’s conviction. Indirect challenges the state’s power to incarcerate the

defendant. Habeas corpus is an indirect appeal.

– “you have the body”– Requires the person to whom it is directed to either produce

the person named in the writ or release that person from custody

Appeals


Congress recently restricted the use of habeas corpus by imposing time limits on federal petitions if there is evidence of intentional delay to injure prosecutor’s case.

Congress and the Supreme Court have limited habeas corpus by restricting how such appeals are filed and pursued.– Requiring all applicable issues in one writ rather than issuing

several consecutive writs (Maahs and Hemmens, 1998)

Recent Dynamics in Habeas Corpus


Judges Prosecutors Defense attorneys

Court Actors


Serve as referees Responsible for enforcing court rules Instruct the jury on the law Determine the law Not representative of American society:

– Mostly white, male, and upper middle class

Judges


Appointment – Generally by chief executive

Election– Partisan

– Nonpartisan

– By legislature

Merit system

Judge Selection Methods


aka Missouri plan A nonpartisan commission draws up a list of

qualified candidates. Governor appoints new judges from this list. After a period of time after their selection, these

judges stand for election (retention).

Merit System


1789 Judiciary Act provided for a U.S. attorney for each court district; appointed by president.

1870, Congress authorized creation of the Department of Justice with an attorney general and assistants.

Attorney general is a political appointee who administrates prosecution priorities for deputy attorneys general.

Deputy attorneys general are appointed by the president and confirmed by the Senate.

Assistant U.S. attorneys are not appointees.

Federal Prosecutors


Usually elected; have appointed assistants who do most of the trial work

Duty is to prosecute cases in the name of the people.

Duty is to do justice by pursuing those who have committed crimes.

Have tremendous power in deciding whom to prosecute coupled with little oversight

State Prosecutors


Represent their clients as effectively as possible within the courtroom rules

Focus on five areas (Uphoff, 1992):1. Ensure that the defendant’s rights are not violated2. Ensure that the defendant is aware of all options3. Provide the best, ethical defense4. Investigate and prepare the defense5. Argue for lowest possible sentence or best possible plea

bargain

Defense Attorneys


Privately retained counsel Public defenders Court-appointed counsel Contract system

Types of Defense Counsel


Has had a long, colorful history Until 1970s little control was held over who called

themselves a lawyer. In 1878 the American Bar Association was

created.– Tasked with promulgating regulations and standards for

practicing law

– Eventually all states created one and took over responsibility for their own regulations.

The Legal Profession


Bar Membership Requirements Today– At minimum:

• Degree from accredited law school

• Passage of bar exam

• Background check

Legal Education– Casebook approach– Socratic method

The Legal Profession