Chapter 7
Courts, Prosecution, and the
Defense
Learning Objectives
 Be familiar with the role of the court in the
justice process.
 Recognize the varying structures of state and
federal court systems.
 Describe the selection and duties of
prosecution.
 Discuss the role and duties of prosecutors.
 Be familiar with the pros and cons of
prosecutorial discretion.
Learning objectives
 Understand the role of the defense attorney
in the justice process.
 Discuss the different forms of indigent
defense.
 Debate the pros and cons of private
attorneys.
 Be familiar with the expanding role of
technology in the court process.
State Courts
 Each state has its own
 No two are alike
 Deal with variety of cases ranging from
homicide to property maintenance
State Courts
Types of State Courts
Courts of limited
jurisdiction
Specialized Courts
Courts Of General
Jurisdiction
Appellate Courts
Model of a State Judicial System
Courts of Limited Jurisdiction
 Organized at a municipal or county level
 Restricted in the types of cases they hear
 Sentencing options are restricted
 Includes specialized courts
Courts of General Jurisdiction
 Serious felony cases and civil cases with
damages over a specified amount
Appellate Courts
 Each state has at least one level of appellate
court
 Reconsiders a case that has been tried in order
to determine whether the measures used
complied with accepted rules of criminal
procedure and were in line with constitutional
doctrines
Federal Courts
 Jurisdiction:

U.S. laws and treaties

Maritime

controversies between 2 or more states
 There is a 3-tiered hierarchy of court
jurisdiction

U.S. District Courts

U.S. Courts of Appeals

U.S. Supreme Court
The Federal Judicial System
U.S. District Courts
 The trial courts of the federal system
 Jurisdiction over violations of federal law
 Inter-state lawsuits or cases where federal
government is a party to the suit
 Jurisdiction may overlap that of state courts
U.S. Court of Appeals
 Review federal and state appellate court cases
when there is a federal issue present
 Does not retry the case or review the facts –
only matters of procedure and substance of
the law
The U.S. Supreme Court
 The nation’s highest appellate body
 Court of last resort for all cases tried in federal
and state courts
 Nine justices appointed for life by the
President with approval of Congress
 Discretion to choose which cases it will hear
The Judge and the Justice System
 Primary duty - oversee the trial process
 Decides case in bench trials
 Determines the sentence (except in capital
cases)
 Informal roles:

Good relations with court working group

Discretion guided by legal requirements

Personal sense of justice in sentencing

Exert influence over police and prosecutors
Judicial Qualifications and Selection
 Federal Judge

Appointed by the President with advice and consent
of Senate
 U.S. Magistrate Judge

Appointed by district court judges
Judicial Selection Systems
 Appointment
 Popular election
 Nonpartisan election
 Missouri Plan
The Prosecutor
• Represents the public in criminal trials
• Advises law enforcement during investigations
• Acts as legal advisor to elected officials
Types of Prosecutors
U.S. Attorney
Federal Prosecutor
Attorney General
Prosecutorial Discretion
 Great deal of discretion
 Decision Options

Go forward and charge the defendant to court

Nolle prosequi

Negotiate Plea bargain
Factors Influencing Prosecutorial Discretion
 Legal
 Victim
 Extralegal
 Resource
Prosecutorial Ethics
 Obligation is to seek justice and convict guilty
Prosecutorial Misconduct
 Includes:

Making disruptive statements in court

Failing to adhere to sentence recommendations after
a plea bargain

Representing a criminal defendant currently under
indictment in a private manner

Making public statements harmful to the office of the
district attorney

Withholding evidence that may exonerate a defendant
The Defense Attorney
 Counterpart of prosecuting attorney in
criminal process
 Accused has constitutional right to counsel
(6th Amendment)
 If defendant is indigent, public defender may
be assigned by court
 Must uphold integrity of the legal profession
 Must observe ABA Code and provide zealous
defense within boundaries of law
The Right to Counsel
 Sixth Amendment provides for counsel at trial
 Legal services for poor:

Gideon v. Wainwright

Argersinger v. Hamlin
Types of Defense Attorneys
Public Defender
Assigned Counsel
Contract Counsel
Private Attorney
The Competence of Defense Attorneys
 Inadequate/incompetent counsel would
involve:

Refuse to meet with client

Fail to cross-examine witnesses

Fail to investigate case

Poor advice to client

Misjudge admissibility of evidence

Conflict of interest between co-defendants’ counsel
Court Administration
 States have been slow to apply court
management principles
 All states now have some form of court
administration
Using Technology in Court Management
 Maintain case history and statistical reporting
 Monitor and schedule cases
 Prepare documents
 Index cases
 Issues summonses
 Notify witnesses, attorneys, etc., of required
appearances
 Select and notify jurors
 Prepare and administer budgets
Developing Areas of Court Technology
 Communications
 Videoconferencing
 Evidence presentation
 Case management
 Internet utilization
 Information sharing
 Cameras in court