1. Criminal JusticeCriminal Justice
A Brief IntroductionA Brief Introduction
CHAPTER
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Frank Schmalleger
ELEVENTH EDITION
The Courts
7

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FIGURE 7-1 The Structure of the Federal Courts

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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U. S. Courts of AppealU. S. Courts of Appeal
• Appeals generally fall into one of three
categories:
 Nonconsensual Appeals
 Ritualistic Appeals
 Frivolous Appeals

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FIGURE 7.3 Geographic Boundaries of the U.S. Courts of Appeal and U.S. District Courts

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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

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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

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BailBail
• Bail bond
 A document guaranteeing the
appearance of a defendant in court as
required

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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

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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.

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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

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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

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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

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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

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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

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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

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The Arraignment and the PleaThe Arraignment and the Plea
• Plea
 The defendant's formal answer to the
charge

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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

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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.