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Chapter7
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Chapter7

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  • 1. COURT AND ST E QUE H STFOR J ICE UST
  • 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 factAppellate 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.  Outline the several levels of a typical state court system.
  • 9. The state court system includes: Courts of limited jurisdiction Trial courts of general jurisdiction Appellate courts The state’s highest courts
  • 10.  Outline the federal court system.
  • 11. Three-tiered model: U.S. District Court U.S. Court of Appeals United States Supreme Court
  • 12. 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
  • 13.  Explain briefly how a case is brought to the Supreme Court.
  • 14.  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
  • 15. The duties of judges before trial includedetermining: 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
  • 16.  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?
  • 17.  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)
  • 18.  List and describe the members of the courtroom work group.
  • 19. Members of the courtroom work group: Judges Prosecutors Defense attorneys Bailiffs Clerks of the court Court reporters
  • 20.  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.
  • 21. 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.
  • 22.  List the different names given to public prosecutors, and indicate the general power that they have.
  • 23.  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
  • 24.  Describe the responsibilities of defense attorneys.
  • 25.  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
  • 26. There are two types of defense attorneys: Private attorneys Public defenders ◦ Gideon v. Wainwright (1963) ◦ In re Gault (1967) ◦ Argersinger v. Hamlin (1972)
  • 27. 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

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