Michael Auzenne
Instructor
GCM, CJC
COURTS AND THE QUEST FOR JUSTICE
I.
FUNCTIONS OF THE COURTS
A.
Due Process and Crime Control
1.
The Due Process Function
The due process function of the court is concerned with protecting individuals
from the unfair advantage that the government has with its vast resources.
2.
The Crime Control Function
The court’s crime control function emphasizes punishment and retribution.
B.
The Rehabilitation Function
The rehabilitation function of the court is based on the “medical model” of the criminal
justice system in which criminals are analogous to patients, and the courts perform the
role of physicians who dispense “treatment.”
C.
The Bureaucratic Function
The bureaucratic function of the court is necessary in order to keep the justice process
moving with speed and efficiency. This function of the court is concerned with the dayto-day processing of cases.
II.
THE BASIC PRINCIPLES OF THE AMERICAN JUDICIAL SYSTEM
A.
Jurisdiction
In Latin, juris means “law” and diction means “to speak.” Thus, jurisdiction literally
refers to the power to “speak the law.”
i.
1.
Jurisdiction: The authority of a court to hear and decide cases.
Geographic Jurisdiction
a.
Federal versus State Jurisdiction
i.
Concurrent Jurisdiction: The situation that occurs when two or
more courts have the authority to preside over the same
criminal case.
When the state and federal governments have concurrent
jurisdiction federal and state prosecutors will use their
discretion to determine if one or both courts will
prosecute.
b.
State versus State Jurisdiction
i.
c.
2.
3.
B.
Multiple Trials
International Jurisdiction
Subject-Matter Jurisdiction
Trial and Appellate Courts
i.
ii.
iii.
C.
Trial Courts: Courts in which most cases usually begin and in
which questions of fact are examined.
Appellate Courts: Courts that review decisions made by lower
courts, such as trial courts; also known as courts of appeals.
Courts having appellate jurisdiction act as reviewers of cases
concerned with questions of law.
Opinions: Written explanations by the judges expressing the
reasons for the trial court’s decision in a case.
The Dual Court System
i.
III.
Extradition: The process by which one jurisdiction surrenders a
person accused or convicted of violating another jurisdiction’s
criminal law to the second jurisdiction.
Dual Court System: The separate but interrelated court system
of the United States, made up of the courts on the national level
and the courts on the state level.
STATE COURT SYSTEMS
A.
Courts of Limited Jurisdiction
1.
Magistrate Courts
i.
2.
Magistrate: A public civil officer or official with limited judicial
authority within a particular geographic area, such as the
authority to issue an arrest warrant.
Specialty Courts
i.
Specialty Courts: Lower courts that have jurisdiction over one
specific area of criminal activity.
Specialty courts include:
* Drug courts
* Gun courts
* Juvenile courts
* Domestic courts
* Mental health courts
B.
Trial Courts of General Jurisdiction
State trial courts with general jurisdiction may also be known as the following:
* County courts
* District courts
* Superior courts
* Circuit courts
C.
IV.
State Courts of Appeal
THE FEDERAL COURT SYSTEM
The federal court system is a three-tiered system consisting of:
* U.S. District Courts
* U.S. Court of Appeals
* U.S. Supreme Court
Federal court judges are appointed by the President of the United States and receive
lifetime appointments.
A.
B.
U.S. District Courts
U.S. Court of Appeals
The Court of Appeals for the Thirteenth Circuit has jurisdiction over cases involving
patent law and cases where the United States government is the defendant.
C.
The United States Supreme Court
The U.S. Supreme Court is both a court of origination and appellate court.
1.
Interpreting and Applying the Law
a.
Judicial Review
i.
b.
2.
3.
Statutory Interpretation
Jurisdiction of the Supreme Court
Which Cases Reach the Supreme Court
i.
ii.
4.
Judicial Review: The power of a court – particularly the United
States Supreme Court – to review the actions of the legislative
and executive branches and, if necessary, declare those actions
unconstitutional.
Writ of Certiorari: A request from a higher court asking a lower
court for the record of a case.
Rule of Four: A rule of the United States Supreme Court that the
Court will not issue a writ of certiorari unless at least four
justices approve of the decision to hear the case.
Supreme Court Decisions
U.S. Supreme Court decisions are usually decided in conference
i.
ii.
iii.
V.
Oral Arguments: The verbal arguments presented in person by
attorneys to an appellate court.
Concurring Opinions: Separate opinions prepared by judges
who support the decision of the majority of the court but who
want to make or clarify a particular point or to voice disapproval
of the grounds on which the decision was made.
Dissenting Opinions: Separate opinions in which judges
disagree with the conclusion reached by the majority of the
court and expand on their own views about the case.
JUDGES IN THE COURT SYSTEM
A.
The Roles and Responsibilities of Trial Judges
1.
Before the Trial
During pretrial activities a judge may handle all of the following:
* review probable cause for arrest.
* review to determine if evidence to justify detention exists.
* bond issues.
During pretrial activities, the judge assumes the role of negotiator. The
judge is both a teacher and a referee during trial.
2.
3.
During the Trial
The Administrative Role
The judge performs administrative duties in order to manage the day-today operations of their court.
i.
B.
Docket: The list of case’s entered on a court’s calendar and thus
scheduled to be heard by the court.
Selection of Judges
i.
Partisan Elections: Elections in which candidates are affiliated
with and receive support from political parties; candidates
align themselves with a specified political party.
ii.
Nonpartisan Elections: Elections where candidates
presented on the ballot without any party affiliation.
are
Debate about judicial selection methods often raises two
key issues, independence and accountability.
1.
Appointment of Judges
In the federal court system judges are nominated by the President and
confirmed by the Senate.
2.
3.
Election of Judges
Merit Selection
i.
4.
Missouri Plan: A method of selecting judges that combines
merit appointment and popular election.
The Removal of Judges
Federal judges have lifetime appointments, but can be impeached for
judicial misconduct.
i.
ii.
C.
Judicial Misconduct: A general term describing behavior – such
as accepting bribes or consorting with known felons – that
diminishes public confidence in the judiciary.
Impeachment: The formal process by which a public official is
charged with misconduct that could lead to his or her removal
from office.
Diversity on the Bench
One criticism of merit selection is that it results in a lack of diversity on the
bench.
Only 4 women have been confirmed and seated as a U.S. Supreme Court Justice.
D.
VI.
The Impact of Discrimination
THE COURTROOM WORKGROUP
i.
A.
Courtroom Work Group: The social organization consisting of
the judge, prosecutor, defense attorney, and other court
workers.
Members of the Courtroom Work Group
Bailiff of the Court: Maintain order and security in the court.
Clerk of the Court : Keeping up with paperwork generated during a trial, including
transcripts and evidence, is the responsibility of the court clerk.
Court Reporters
B.
Formation of the Courtroom Work Group
The courtroom workgroup differs from a traditional workgroup at a company is
that each participant answers to a different sponsoring agency.
C.
The Judge in the Courtroom Work Group
The dominant figure in the courtroom work group is the judge.
D.
Assembly-Line Justice
A main criticism of the American court system is that it has sacrificed the goal of
justice for efficiency.
1.
The Impact of Excessive Caseloads
The term “assembly-line justice” is associated with case overload.
2.
The Courtroom Work Group and Overloaded Courts
Case overload has been linked to all of the following situations:
* prosecutors charge only slam dunk cases in minor/non-violent
incidents.
* prosecutors negotiate reduced sentences unnecessarily.
* police officers are too eager to obtain confessions in lieu of
other evidence.