0138020272 ppt07

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0138020272 ppt07

  1. 1. Criminal Justice: A Brief Introduction Ninth Edition By Frank SchmallegerPearson Education, Inc.
  2. 2. Criminal Justice: A Brief Introduction Ninth Edition By Frank Schmalleger Chapter 7 The CourtsPearson Education, Inc.
  3. 3. History and Structure of the American 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 • 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 • Jurisdiction – The territory, subject matter, or people over which a court may exercise lawful authorityCriminal Justice: A Brief Introduction, 9/e 3 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  4. 4. The Structure of the Federal CourtsCriminal Justice: A Brief Introduction, 9/e 4 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  5. 5. A Typical State Court SystemCriminal Justice: A Brief Introduction, 9/e 5 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  6. 6. The State Court System • 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 • Original Jurisdiction – The a]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 factsCriminal Justice: A Brief Introduction, 9/e 6 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  7. 7. The State Court System • Appellate Jurisdiction – The lawful authority of a court to review a decision made by a lower court • By the late nineteenth century there was a tremendous increase in civil litigation and criminal arrests – City courts handled disorderly conduct, property disputes, and enforcement of restrictive and regulatory ordinancesCriminal Justice: A Brief Introduction, 9/e 7 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  8. 8. The State Court System • State court systems developed by following one of several models – New York State Field Code of 1848 – Federal Judiciary Act of 1789 and later by the federal Reorganization Act of 1801 • States that followed the federal model developed a three-tiered structure – Trial courts of limited jurisdiction – Trial courts of general jurisdiction – Appellate courtsCriminal Justice: A Brief Introduction, 9/e 8 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  9. 9. State Court Systems Today • Reformers suggest a uniform model for states – A centralized court structure composed of a clear hierarchy of trial and appellate courts – The consolidation of numerous lower-level courts with overlapping jurisdictions – A centralized state court authority that would be responsible for budgeting, financing, and managing all courts within a stateCriminal Justice: A Brief Introduction, 9/e 9 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  10. 10. State 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 – Much less formal than the courts of general jurisdictionCriminal Justice: A Brief Introduction, 9/e 10 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  11. 11. State Trial Courts • Trial courts of general jurisdiction 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 – Adversarial processCriminal Justice: A Brief Introduction, 9/e 11 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  12. 12. State Appellate Courts • Intermediate appellate court and high-level appellate court • All states have supreme courts, although only 39 have intermediate 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 prisonCriminal Justice: A Brief Introduction, 9/e 12 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  13. 13. State 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)Criminal Justice: A Brief Introduction, 9/e 13 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  14. 14. State Court Administration • National Center for State Courts (NCSC) – An independent, nonprofit organization dedicated to the improvement of the American court system • Administrative Office of the United States Courts (AOUSC) – Prepares the budget and legislative agenda for the federal courts – Compiles and publishes statistics – Recommends plans and strategies to manage court businessCriminal Justice: A Brief Introduction, 9/e 14 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  15. 15. Dispute-Resolution Centers and Community Courts • Dispute-Resolution Center – Informal hearing place designed to mediate interpersonal disputes without resorting to a more formal arrangement of a criminal trial court • Community Courts – A low-level court that focuses on quality-of-life crimes that erode neighborhood’s morale, that emphasize problem solving rather than punishment – Generally sentenced to work within the communityCriminal Justice: A Brief Introduction, 9/e 15 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  16. 16. The Federal Court System • Federal courts were created by the U. S. Constitution, Article III, Section 1 • Consists of three levels – U. S. district courts – U. S. courts of appeals – U. S. Supreme CourtCriminal Justice: A Brief Introduction, 9/e 16 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  17. 17. U. S. District Courts • The trial courts of the federal court system • Handle both civil and criminal • 94 federal judicial districts, one in each state • Have original jurisdiction • Drug prosecutions, especially in courts located close to the U. S. - Mexico border, have led to considerable growth in the number of cases filedCriminal Justice: A Brief Introduction, 9/e 17 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  18. 18. U. S. Courts of Appeal • 94 judicial districts organized into 12 regional circuits • Often referred to as circuit courts • Appeals generally fall into one of three categories – Frivolous appeals – Ritualistic appeals – Nonconsensual appeals – Probability of reversal is highest in nonconsensualCriminal Justice: A Brief Introduction, 9/e 18 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  19. 19. U. S. Courts of AppealCriminal Justice: A Brief Introduction, 9/e 19 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  20. 20. The 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 • Marbury v. Madison (1803) • The Supreme Court Today – Four justice must agree to hear a case – Issue a writ of certiorari – 5000 request for review, only 200 actually heardCriminal Justice: A Brief Introduction, 9/e 20 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  21. 21. Pretrial Activities • The First Appearance – Defendant brought before a judge • To be given formal notice of charges – To be advised of rights • To be given opportunity for counsel • To possibly be afforded bail – McNabb v. U. S. (1943) – May also be called probable cause hearing – County of Riverside v. McLaughlin (1991) – Suspect does not present evidenceCriminal Justice: A Brief Introduction, 9/e 21 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  22. 22. Pretrial Activities • Pretrial Release – The release of an accused person from custody upon his or her promise to appear in court when required • Early intervention programs – Gather and present information about newly arrested defendants and available options for use by judicial officers – Supervise defendants released from custody – Concerned about risk of flight and risk to public safetyCriminal Justice: A Brief Introduction, 9/e 22 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  23. 23. Bail • The most common release/detention decision- making mechanism in American courts • Serves two purposes – Helps ensure reappearance of the accused – Prevents unconvicted persons from suffering imprisonment unnecessarily • Bail Bond – A document guaranteeing the appearance of a defendant in court as requiredCriminal Justice: A Brief Introduction, 9/e 23 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  24. 24. Alternatives to Bail • Eighth Amendment does not guarantee the opportunity for bail but does state that “excessive bail shall not be required” • Release on Recognizance (ROR) – The pretrial release of a defendant on his or her written promise to appear in court when required – No cash or property bond is required • Property bonds • Deposit bailCriminal Justice: A Brief Introduction, 9/e 24 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  25. 25. Alternatives to Bail • Conditional release • Third-party custody • Unsecured bonds • Signature bondsCriminal Justice: A Brief Introduction, 9/e 25 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  26. 26. Pretrial Release and Public Safety • Pretrial release is a common practice • Approximately 57% of all state-level felony defendants and 66% of all federal felony defendants are released before trial • Danger Laws – A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community • U. S. v. Montalvo-Murillo (1990) • U. S. v. Hazzard (1984)Criminal Justice: A Brief Introduction, 9/e 26 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  27. 27. The Grand Jury • 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 there is sufficient evidence to bring the accused person to trial – Hearing are held in secret – Defendant generally does not appear – No opportunity to cross-examine prosecution witnesses – IndictmentCriminal Justice: A Brief Introduction, 9/e 27 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  28. 28. The Preliminary Hearing • Preliminary Hearing – A proceeding before a judicial officer in which three matters must be decided • Whether a crime was committed • Whether the crime occurred within the territorial jurisdiction of court • Whether there are reasonable grounds to believe that the defendant committed the crime • Information – A formal written accusation submitted to a court by a prosecutorCriminal Justice: A Brief Introduction, 9/e 28 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  29. 29. The Preliminary Hearing • The primary purpose of the hearing is to give the defendant an opportunity to challenge the legal basis for his or her detention • 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 • Sell v. U. S. (2003)Criminal Justice: A Brief Introduction, 9/e 29 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  30. 30. Arraignment and the Plea • Arraignment – The first appearance of the defendant before the court that has the authority to conduct a trial – Two purposes • To once again inform the defendant of the specific charges • Allow the defendant to enter a plea • Plea – The defendant’s formal answer to the chargeCriminal Justice: A Brief Introduction, 9/e 30 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  31. 31. Plea 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 • 90% 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 courtCriminal Justice: A Brief Introduction, 9/e 31 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  32. 32. Plea Bargaining • Federal Rules of Criminal Procedure require judges to – Inform the defendant of the various rights he or she is surrendering by pleading guilty – Determine if the plea is voluntary – Disclose any plea agreements – Make sufficient inquiry to ensure there is a factual basis for the pleaCriminal Justice: A Brief Introduction, 9/e 32 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved

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