The document summarizes the American court system. It describes a three-tiered federal court system consisting of district courts, appellate courts, and the Supreme Court. It also outlines state court systems, which generally have trial courts, appellate courts, and a state supreme court. The document provides details on criminal case courts and their functions at different levels. It also discusses pretrial activities like bail, grand juries, preliminary hearings, and arraignment and pleas.

1. Chapter 7: The Courts
By: Kate Hayward and Trish Sicat

2. 1. Federal Court System
○ Three tiered structure comprising of
■ U.S. District Courts
■ U.S. Courts of appeals
■ U.S. Supreme Court
2. State Court System
○ State judicial structure
○ Most states have at least three court structures:
■ Trial courts
■ Appellate court
■ State supreme court
Two types of court in the American criminal justice system:

3. U.S. Court System Visual

4. Development of
State Courts ● Massachusetts was the first state to create
a General Court in 1629
● Jurisdictions fall under two categories:
original and appellate
● Original jurisdictions refer to the lawful
authority of a court or hear or act on a case
from its beginning and to pass judgement
on the law and facts-authority may cover a
specific geographic area or certain
circumstances
● Appellate jurisdictions refer to the lawful
authority of a court to review a decision
made by a lower court

5. State Court
Reform
Movement
● The state reform movement sought to create
a uniform model for state courts to follow
● The key concepts covered by the state
reform movement included:
○ 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 state

6. Criminal Case Courts
Court Court functions Key notes
Trial court (general) Trial courts conduct
arraignments, set bail, take
pleas, and conduct trials
If the defendant is found or pleads guilty, the
trial court decides sentencing
Lower courts Lower courts are authorized
to hear less serious criminal
cases
A detailed recording of the proceedings is not
maintained
Trial courts of general
jurisdiction (high courts, circuit
courts, superior courts
Trial courts of general
jurisdiction are authorized to
hear any court case
They operate with a fact-finding framework
called the adversarial process

7. Criminal Case Courts Cont.
Court Court functions Key notes
Intermediate appellate court, or the
court of appeals
No other appellate route remains
to a defendant within the state
court system
Referred to as courts of last
resort. All states have supreme
courts, although only 39 have
intermediate appellate courts
Community Court Low level courts that focus on
quality-of-life crimes that erode a
neighborhoods morale
Emphasizes problem solving over
punishment.
Builds on restorative principles
such as community service.

8. Criminal Case Courts Cont.
Court Court functions Key notes
Specialized courts Low level court that focuses on
relatively minor offenses and
handles special issues such as
reentry
Often a form of community
courts.
Focus on specific groups such
as veterans, homeless, or
defendants with mental illness
U.S. Supreme Court Defendants who are not
satisfied with the resolution of
their case within the state court
may attempt an appeal to the
U.S. Supreme Court
To have a chance of being
heard, it must be based on
claimed violations of the
defendants rights

9. Key terms and cases
● Trial de novo applies to cases that are retried on
appeal, as opposed to those that are simply reviewed
on the record
● Court of last resort refers to the courts authorized by
law to hear the final appeal on a matter
● An appeal is the request that a court with appellate
jurisdiction review the judgement, decision, or order of
a lower court and set it aside or modify it
● State court administrators assist and manage case
flow, operating funds budgeting, and court docket
administration
● Dispute-resolution centers are informal hearings
designed to mediate interpersonal disputes without
resorting to more formal arrangements
● In the 1992 case of Keeney v Tamayo-Reyes, the
U.S. Supreme Court ruled that a “respondent is
entitled to a federal hearing [only] if he can show
cause for his failure to develop the facts in the
state-court proceedings and actual prejudice
resulting from that failure, or if he can show that a
fundamental miscarriage of justice would result
from failure to hold such a hearing.”
● In the 1993 case of Herrera v Collins, the courts
ruled that new evidence of innocence is no reason
for a federal court to order a new state trial if
constitutional grounds are lacking

10. Today's Federal Judiciary
Consists of three levels:
● U.S. District Courts
● U.S. Courts of Appeal
● U.S. Supreme Court

11. U.S. District Courts
● Trial courts of the federal system
● Have jurisdiction to hear nearly all categories of federal cases, including
both civil and criminal
● 94 federal judicial districts
● The Court of International Trade addresses cases involving international
trade and custom issues
● The U.S. Court of Federal Claims has jurisdiction over most claims for
money damages against the U.S., unlawful “takings” of private property by
the federal government, and a variety of other claims against the U.S.

12. U.S. Courts of Appeal
● The 94 judicial districts are organized into 12 regional circuits, each of which has a U.S. Court of
Appeals
● Hears appeals from the district courts within their circuit, along with appeals from decision of
federal administrative agencies
● Each court consists of 6 or more judges
● Appeals generally fall under three categories:
○ Frivolous appeals, which have little substance, raise no significant new issues, and are generally disposed
or quickly
○ Ritualistic appeals, which are brought primarily because of the demands of litigants, even though the
probability of reversal is negligible
○ Nonconsensual appeals, which entail major questions of law and policy and on which there is
considerable professional disagreement among the courts and within the legal profession

13. Geographical Boundaries

14. U.S. Supreme Court
● Greatest authority lies in its capacity for judicial review of lower court decisions and
state and federal statutes
● Judicial review is the power of the court to review actions and decisions made by
other agencies of government
● In the 1803 case of Marbury v Madison, then Chief Justice John Marshall
established the court's authority as the final interpreter of the U.S. Constitution and
stated that “It is emphatically the province of the judicial department to say what the
law is.”
● For a case to be heard by the supreme court, at least 4 justices must vote in favor of
a hearing
● Between 22 and 24 cases are heard at each sitting with each slide alloted 30
minutes for arguments before the justices

15. Pretrial Activities
1) First Appearance - the appearance before a magistrate or lower-court judge
2) Bail - if granted by the judge
3) Pretrial Release - only if the defendant did NOT commit a serious crime/ not a
flight risk
4) The Grand Jury - hears a defendant's case, vote on indictment
OR
Preliminary Hearing - used in states that do NOT use grand juries; held to
determine if there is probable cause
5) Arraignment & Plea - hear the charges against the defendant & enters a plea

16. Page 220

17. First Appearance
● Following an arrest - must be held with in 48 hours of the arrest
⤷ NcNabb v. U.S. (1943) - established that any unreasonable delay in an initial court
appearance would make confessions admissible if interrogating officers obtained
them during the delay. 48 hours is the standard maximum time by which a first
appearance should be held.
● A defendant goes before a magistrate or lower-court judge for:
1. Hearing the charges against him/her
2. Rights advisement
3. The opportunity to retain a lawyer or have one be appointed
4. The opportunity for bail

18. First Appearance: Probable Cause Hearing
● Probable Cause Hearing occurs when the arrest made without a warrant.
A judicial office reviews police documents and reports to determine if
probable cause supports an arrest. Also takes place within 48 hours.
● Class-Action Lawsuit: County of Riverside v. McLaughlin (1991) resulted in
the US Supreme Court imposing a promptness requirement of probable
cause determinations for in-custody arrestees.
● Weekends and Holidays are not excluded from the 48-hour requirement.

19. Bail
● Bail serves two purposes:
1. It helps ensure reappearance of the accused
2. It prevents unconvicted persons from suffering imprisonment unnecessarily
● Bail Bond is a document guaranteeing the appearance of a defendant in court as
required and recording the pledge of money or property to be paid to the court if
he/she does not appear. The bail bond is signed by the person to be released and
by anyone else acting on his/her behalf.
● Those who “skip bail” by hiding or fleeing can result in a forfeiture of bail
● A fully secured bond requires the defendant to post the full amount of bail set.

20. Bail Bonds & Bail Bond Agents
● What usually happens is that the defendant will seek a privately secured bail
through the services of a professional bail bonds agent. The bond agent will assess
a percentage (usually 10%-15%) of the required bond as a fee, which the defendant
will have to pay up front.
● In many states bail bond agents are encouraged to hunt down and bring back
defendants who have feld.
● In some jurisdictions, bond agents hold virtually unlimited powers and have been
permitted by courts to pursue, arrest, and forcibly extradite their charges from
foreign jurisdictions without concern for the due-process considerations or
statutory limitations that apply to law enforcement officers.

21. Bail Alternatives
● The Eighth Amendment to the U.S. Constitution does not guarantee the opportunity
for bail but does state that "excessive bail shall not be required."
● A report by the National Advisory Commission on Criminal Justice Standards and
Goals found 93% of felony defendants in some jurisdictions were unable to make
bail.
● To extend the opportunity for pretrial release to non dangerous arrestees, 7
alternatives became available:
1) Release of Recognizance - 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.

22. Bail Alternatives (continued)
2) Property bonds - substitute other items of value in place of cash. Land, houses.
Automobiles, stocks, and so on may be consigned to the court as collateral against
pretrial night.
3) Deposit bail - an alternative form of cash bond available in some jurisdictions, places
the court in the role of the bond agent, allowing the defendant to post a percentage or
the full bail with the court.
4) Conditional release - a set of requirements on the defendant that might include
participation in a drug-treatment program; staying away from specified others, such as
potential witnesses; and attendance at a regular job.

23. Bail Alternatives (continued)
5) Third-party custody - assigns custody of the defendant to an individual or agency that
promises to ensure his or her later appearance in court.
6) Unsecured bonds - based on a court-determined dollar amount of bail. Like a credit
contract, this bail alternative requires no monetary deposit with the court. The defendant
agrees in writing that failure to appear will result in forfeiture of the entire amount of the
bond, which might then be taken in seizures of land, personal property, bank accounts,
and so on.
7) Signature bonds - release based on the defendant's written promise to appear. They
are used only in cases of minor offenses.

24. Pretrial Release
● Pretrial Release - The release of an accused person from custody, for all or part of
the time before or during prosecution, upon his or her promise to appear in court
when required.
● Pretrial Detention - Defendants charged with very serious crimes, as well as those
thought likely to escape or to injure others, are usually held in jail until trial
● In making this decision, judicial officers are concerned about two types of risk:
(1) the risk of flight or non-appearance for scheduled court appearances
(2) the risk to public safety

25. Pretrial Release & Public Safety
● Approximately 57% of all state-level felony defendants and 36% of all federal
defendants are released before trial.
● U.S. v. Montalvo-Murillo (1990) The Supreme Court held that failure to comply with
the Act's prompt hearing provision does not require release of a person who should
otherwise be detained.
● U.S. v. Hazzard (1984) held that Congress was justified in providing for denial of bail
to offenders who represent a danger to the community.
○ Because of findings like this, some states enacted danger laws, a law intended to prevent the pretrial
release of criminal defendants judged to represent a danger to others in the community.

26. Grand Jury
● The federal government and about half of the states use grand juries
● Comprise private citizens (often 23) who hear evidence presented by the
prosecution.
● Grand juries serve as filters to eliminate from further processing any cases for
which there is not sufficient evidence.
● Grand jury hearings are held in secret, and the defendant is not to appear before the
grand jury.

27. Grand Jury (continued)
● The defense has no opportunity to cross-examine prosecution witnesses.
● Grand juries have the power to subpoena witnesses and to mandate a review of
books, records, and other documents crucial to their investigation.
● After hearing the evidence, the grand jury votes on the indictment (a formal listing of
proposed charges) presented to it by the prosecution.
● If the majority of grand jury members agree to forward the indictment to the trial
court, it becomes a "true bill" on which further prosecution will turn.

28. Preliminary Hearing
● States that do not use grand juries rely instead on a preliminary hearing.
● In these jurisdictions, the prosecutor files an accusatory document called
information, or complaint.
● A preliminary hearing is then held to determine whether there is probable cause to
hold the defendant for trial.
● A few states, notably Georgia and Tennessee, use both the grand jury and a
preliminary hearing.

29. Preliminary Hearing (continued)
● The defendant is taken before a lower court judge, who summarizes the charges
and reviews the rights to which all criminal defendants are entitled.
● The prosecution may present witnesses and offers evidence in support of the
'complaint’
● The defendant has the right to testify and may also call witnesses.
● At this point, defendants who appear to be or claim to be mentally incompetent
may be ordered to undergo further evaluation to determine whether they are
competent to stand trial.

30. Arraignment & Plea
● Arraignment is the first appearance of the defendant before the court that has the
authority to conduct a trial.
● Arraignment is generally a brief process with two purposes:
(1) to once again inform the defendant of the specific charges against him or her
(2) to allow the defendant to enter a plea
● The Federal Rules of Criminal Procedure allow for one of three types of pleas to be
entered: guilty, not guilty, and nolo contendere.
○ A nolo contendere (no-contest) plea is much the same as a guilty plea
○ A no-contest plea, however, is not an admission of guilt and provides one major advantage to
defendants: it may not be used later as a basis for civil proceedings that seek monetary or other
damages against the defendant.

31. 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.
● Plea bargaining circumvents the trial process and dramatically reduces the time
required for the resolution of a criminal case.
● Defense attorneys and their clients will agree to a plea of guilty when they are
unsure of their ability to win acquittal at trial.
● Prosecutors may be willing to bargain because the evidence they have against the
defendant is weaker than they would like it to be.
● Plea bargaining offers prosecutors the additional advantage of a quick conviction
without the need to commit the time and resources necessary for trial.

32. Works Cited
Class textbook
https://iitcr.com/resources/us-court-structure/
http://www.uscourts.gov/about-federal-courts/court-role-and-s
tructure/comparing-federal-state-courts
https://judiciallearningcenter.org/levels-of-the-federal-courts/
http://www.uscourts.gov/sites/default/files/u.s._federal_court
s_circuit_map_1.pdf
https://www.law.com/newyorklawjournal/2018/08/17/only-58-
criminal-cases-heard-by-an-often-divided-court-in-the-2017-201
8-term/