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Law and Justice Chapter 4 power point
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- 2. What Do CourtsDo? • “Do justice” • Provide all parties with due process of law • Make public policy decisions • Clarify law through interpretation of statutes and application of general principles to specific fact patterns (Abraham, 1987)
- 3. Jurisdiction • Defined • Comesfrom Latin terms juris and dicere • Conferred by statute or constitution • Four primary types: • Personal • Subject matter • Geographic • Hierarchical
- 4. Personal Jurisdiction • Involvesauthority of court over person • Occurs when person comes in contact with court • By being citizen of state, or • By committing an act that contravenes laws of that state
- 5. Subject Matter Jurisdiction •Involves authority of court to hear particular type of case • Also known as limited jurisdiction • Those courts that may hear only a specified type of case
- 6. Geographical Jurisdiction • Involvesauthority of court to hear cses that arise within specified boundaries • Venues • Events must take place in whole or in part within specific area under jurisdiction of that court • Not always clear-cut • Continuing offenses • Most crimes can only take place in one place • Requests for change of venue
- 7. Hierarchical Jurisdiction • Involvesdivision of responsibilities and functions among various courts • Includes: • Limited and general • Original and appellate • Limited • Already discussed • General • Involves authority of court to hear variety of cases
- 8. Hierarchical Jurisdiction • Original •Involves authority of court to hear case initially • Appellate • Involves authority of court to review decision of lower court • May affirm or reverse decision or return case for consideration • Does not conduct retrial • Relies on oral arguments and legal briefs • Concerned with legal errors
- 9. U.S. Court Systems •Two court systems in United States • Systems of each individual state • The federal court system • As known as Article III courts • Jurisdictions frequently overlap • Article III of Constitution • Also authorized “such inferior courts as Congress” chose to create • Number of justices nor form of potential “inferior” courts was described
- 10. U.S. Court Systems •First ideas of creating “inferior” federal courts was not welcomed • Prominent writers argued for strong federal system • Judiciary Act of 1789 • Set number of Supreme Court justices at six • Also created three federal circuit courts and over one hundred district courts
- 11. The Federal Courts •First set of intermediate-level appellate courts more than one hundred years later in 1891 • With purely appellate jurisdiction • Federal court system consists of three tiers: • District Courts • Intermediate appellate courts • Supreme Court of the United States (SCOTUS)
- 12. The Federal Courts:District Courts • Trial court and court of original jurisdiction for federal court system • Ninety-four federal judicial districts • Number of judges range from two to twenty- nine • About 677 total • Federal magistrates • Subordinate judicial officers who conduct preliminary proceedings and issue warrants
- 13. The Federal Courts:District Courts • Have original jurisdiction over both civil and criminal cases involving federal statutes • Can hear civil cases with diversity of citizenship • Can hear state civil cases if amount in question exceeds $75,000 and parties are diverse • Even if it involves state law • Most of docket consists of civil cases
- 14. The Federal Courts:District Courts • Not courts of general jurisdiction • Only types specified by acts of Congress • To protect independence, federal judiciary • Appointed for life pending good behavior • Cannot receive salary reduction while in office
- 15. The Federal Courts:Court of Appeals • As known as circuit courts • Total of thirteen • Eleven for fifty states • One for federal circuit • One for District of Columbia • District of Columbia has own appeals court due to large volume of cases filed there
- 16. The Federal Courts:Court of Appeals • Jurisdiction of federal circuit hears appeals from: • Several federal administrative agencies • Patent claims • Claims court • Court of International Trade
- 17. The Federal Courts:Court of Appeals • Remaining eleven organized on territorial basis • Each circuit presides over several states • Number of judges varies • Six in First Circuit • Twenty-nine in Ninth Circuit • Largest circuit is Ninth
- 18. The Federal Courts:Court of Appeals Source: Wheeler, R., & C. Harrison (2005). Creating the Federal Judicial System. 3rd ed. Washington, DC: Federal Judicial Center.
- 19. The Federal Courts:Court of Appeals • Appeals heard by three-judge panels that are constantly changing • If conflicts arise between two panels • Decision can be decided en banc • Does not have to be all members in larger circuits • As few as eleven for Ninth Circuit
- 20. Federal Judiciary System U.S. Courts of Appeals (12 Circuits) United States Supreme Court U. S. Court of Appeals 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
- 21. The Federal Courts:Supreme Court of the United States (SCOTUS) • Court of last resort for federal system and state cases dealing with federal constitutional issue • All decisions are precedents binding on all courts • Decisions can be refuted only by other Supreme Court decisions or constitutional amendment
- 22. The Federal Courts:Supreme Court of the United States (SCOTUS) • Has original jurisdiction in very few cases: • Suits between United States and a state • Suits between a state and a foreign citizen • Suits between states • Appellate docket almost entirely discretionary • Parties seeking appeals must petition for a writ of certiorari • Oder to lower court to “send the record up”
- 23. The Federal Courts:Supreme Court of the United States (SCOTUS) • Rule of four • The number of justices that must vote to hear a case • Refusal to accept is not considered decision on merits of case • Has no binding precedential value • Only about 2% of cases are granted certiorari
- 24. The Supreme CourtJustices • Law is inherently conservative • Reflected in court make-up • 92 of 112 justices have been white, Protestant, and male • First Catholic: Roger B. Taney (1835) • First Jew: Louis Brandeis (1916) • First black: Thurgood Marshall (1965) • First woman: Sandra Day O’Connor (1981)
- 25. The Supreme CourtJustices • Current Court has nine justices, including one chief justice • Chief Justice John Roberts (since 2005) • Congress has authority to reduce or enlarge number of justices • Court did not immediately establish significant presence in affairs of country • During term of John Marshall • Today Court plays significant role in public affairs
- 26. The State Courts •Workhorses of 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
- 27. The State Courts:Courts of Limited Jurisdiction • Deal with less serious offenses and civil cases • Referred to by variety of names • 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
- 28. The State Courts:Courts of Limited Jurisdiction • Proceedings often more informal in nature • Generally no right to trial • Appeals done through a trial de novo • No records kept except for judgement • No requirement to do so • Are important for three reasons • May be only experience with court system for most • Process tremendous number of cases • Involved in crucial early stages of criminal cases
- 29. The State Courts:Courts of General Jurisdiction • Trial courts for civil and criminal matters • Original jurisdiction for felony cases • Generally authorized to hear many matters not exclusively designated for courts of limited jurisdiction • May sometimes have concurrent jurisdiction with lower courts • May also hear appeals from lower courts • Precise workload varies by jurisdiction
- 30. The State Courts:Intermediate Appellate Courts • Small states or those with small populations have only one level of appellate courts • Other states (thirty-nine) have two levels • Intermediate • Court of last resort • Largely a creation of the twentieth century • Referred to by variety of names
- 31. The State Courts:Intermediate Appellate Courts • Hear felony appeals of right • Those state legislatures permit all defendants as matter of law • Occur after final order has been entered by trial court • Number of judges vary • Many states have more than one
- 32. The State Courts:Final Appellate Court or Court of Last Resort • Usually called state supreme court • Forty-eight states have one • Two states have two (Oklahoma and Texas) • One for civil cases • One for criminal cases • Number of judges vary from three to nine • Those in states with intermediate appellate levels hear majority of cases on discretionary basis
- 33. The State Courts:Final Appellate Court or Court of Last Resort • Most states require these courts to hear death penalty appeals • Those with only one appellate level are mandated by law to hear all appeals • Only option after state supreme court is the United States Supreme Court
- 34. Overview of theCriminal Process • Pretrial proceedings • Jury and jury selection • Trial • Sentencing • Appeals
- 35. Pretrial Proceedings • Beginswith either filing of complaint or arrest • Complaint defined • Serves as charging document for preliminary hearing • If person arrested, police generally fill out complaint later • Search and arrest warrants obtained by police officers • Require affidavit delineating facts creating probable cause
- 36. Pretrial Proceedings • Afterarrest, individuals are booked • Official entry into police blotter • Indicates suspect’s name, arrest time, offense • Includes fingerprints and photographs • First court appearance in initial appearance • Takes place in municipal or justice of peace court • Here suspects informed of: • Rights • Nature of charges • Whether bail is granted (and amount) or denied
- 37. Pretrial Proceedings • Nextappearance is preliminary hearing • Magistrate determines if probable cause exists • If yes, defendant “bound over” for trial • Means trial date is set and defendant notified of pending charges • Preliminary hearing is formal adversarial proceeding conducted in open court • Deemed a “critical stage” requiring counsel • Charges then filed in one of two ways • Information or indictment
- 38. Pretrial Proceedings • Grandjury • Typically twenty-three people • Proceeding not open to public • Formed only at discretion of prosecutor in some states • Does not include defendant or defense counsel • Hears only evidence presented by state • Rare when indictments not returned • Are checks on overzealous prosecutors
- 39. Pretrial Proceedings • Aftercharges filed, arraignment occurs • Formal hearing before felony court • Defendants advised of rights and again informed of charges • Defendant enters plea: • Guilty • Not guilty • No contest (nolo contendere) • Standing mute (entered as “not guilty” plea) • Alford plea (not widely accepted)
- 40. The Jury andIts Selection • Replaced trial by combat or ordeal • Originally composed of knowledgeable witnesses • Could end up with witness/judgement wisdom • Gradually became disinterested parties • Finders of fact, not law • No requirement to return unanimous verdict • Unless consisting of fewer than twelve members
- 41. The Jury andIts Selection • “Jury of one’s peers” • Must be selected from community where crime took place • Selection begins once trial date is set • Members randomly selected • Automobile and voting records usually used • Potential jurors summoned (venire)
- 42. The Jury andIts Selection • Prospective jurors examined to determine biases (ensure impartiality) • Called voir dire • Stacking the deck in reality • Jury consultants • Especially for civil cases • Both sides may seek to remove potential jurors by using challenges
- 43. The Jury andIts Selection • Challenges for cause • Use specific and valid reason to dismiss juror • Typically unlimited number allowed • Peremptory challenges • Do not use any reason • Typically limited number allowed • May not be based on race (Batson v. Kentucky, 1986) • May not be based on gender (J.E.B. v. Alabama, 1994)
- 44. The Trial • Openingstatements • First prosecution (carry burden of proof) • Defense can reserve opening until after prosecution presents case-in-chief • Prosecution’s case-in-chief • Must establish each element of crime beyond reasonable doubt • Burden of proof in criminal trial • Accomplishes this with evidence and witnesses
- 45. The Trial • Defense’scase-in-chief • Not required • Several types of defenses can be used • Prosecution may choose to rebut defense’s case • Closing arguments • Prosecution goes last • Jury instructions and jury deliberation
- 46. Sentencing • If foundnot guilty • Set free, protected by double jeopardy • If found guilty • Sentence imposed by judge after presentence investigation report from probation • In death penalty cases, jury must sentence • Ring v. Arizona (2002) • Types of sentences • Incarceration, suspended sentences, probation, fines, etc.
- 47. Appeals • Two waysto challenge trial outcome • Direct appeal • Challenges conviction • Indirect appeal • Challenges state’s power to incarcerate • Habeas corpus is indirect appeal • “You have the body” • Requires person directed at to either justify confinement of person named or release them from custody
- 48. Recent Dynamics inHabeas Corpus • Congress restricted use of habeas corpus • Imposed time limits on federal petitions if evidence there is intentional delay to injure prosecutor’s case • Congress and Supreme Court have limited habeas corpus • Restricting how they are filed and pursued • Require all issues be presented in one writ rather than several consecutive writs
- 49. Court Actors • Judges •Prosecutors • Defense attorneys
- 50. Court Actors: Judges •Serve as referees • Responsible for enforcing court rules • Instruct jury on law • Determine law • Not representative of American society • Mostly white, male, upper middle class
- 51. Judge Selection Methods •Appointment • Generally by chief executive • Election • Partisan • Nonpartisan • By legislature • Merit system
- 52. Merit System • Createdby American Judicature Society in 1909 • As known as the Missouri plan • Become popular only recently • Four states used in 1960 • About half used by 1998 • A nonpartisan commission draws up list of qualified candidates • Governor appoints new judges from this list • After period of time after selection, they stand for election • Retention
- 53. Court Actors: Federal Prosecutors •No public prosecutors under early common law • 1789 Judiciary Act • Provided U.S attorney for each court district • Appointed by president • In 1870, Congress authorized creation of Department of Justice • Provided for attorney general and assistants
- 54. Court Actors: Federal Prosecutors •Attorney general is political appointee • Administrates prosecution priorities for deputy attorneys for deputy attorneys general • Deputy attorneys general are appointed by president and confirmed by Senate • Assistant U.S. attorneys are not appointees
- 55. Court Actors: StateProsecutors • Usually elected • Have appointed assistants who do most of trial work • Duty is to prosecute cases in name of people • Duty is to do justice • Pursuing those who have committed crimes • Have tremendous power in deciding whom to prosecute coupled with little oversight
- 56. Court Actors: DefenseAttorneys • Expected to represent clients as effectively as possible within courtroom rules • Focus on five areas: • Ensure that the defendant’s rights are not violated • Ensure that the defendant is aware of all options • Provide the best, ethical defense • Investigate and prepare the defense • Argue for lowest possible sentence or best possible plea bargain
- 57. Types of DefenseCounsel • Privately retained counsel • Public defenders • Court-appointed counsel • Contract system
- 58. The Legal Profession •Has had long, colorful history • Until 1970s little control 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
- 59. 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