AJ 50 – Introduction to
Administration of Justice
Chapter 7 –
The Courts
American Court System
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Functions of US Courts
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Two types of courts in American CJS
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Dispense Justice on a daily & individual basis
Ensure that all official actors in the justice system carry out
their duties in recognition of Rule of Law
Federal
State
Historical agreement for states to have judicial autonomy
from federal government
American Court Structure
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Federal court system
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Three-tiered structure of federal courts
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District Courts
U.S. Courts of Appeals
U.S. Supreme Court
State court system
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Most states have at least three court levels
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Trial Courts
Appellate courts
State Supreme Court
State Court Jurisdiction
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Jurisdiction = those areas over which a court has
lawful authority
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Territory
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Subject matter
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Criminal, civil, felony/misdemeanor, family law, etc.
People
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Geographic area
Adults, juveniles, etc.
How does this compare to law enforcement
“jurisdiction”?
Jurisdiction (continued)
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Original Jurisdiction
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Appellate Jurisdiction
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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
The lawful authority of a court to review a decision made by
a lower court
General Jurisdiction
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“Higher” courts (Superior or Circuit courts)
May hear any criminal case
State Trial Courts
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Where criminal cases begin…
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Arraignment
Bail
Plea
Trial
Trial de Novo (New Trial)
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Cases that are retried on appeal, not merely
reviewed on the record
State Appellate Courts
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Courts of Last Resort
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The courts authorized by law to hear the final
appeal on a matter
Appeal
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Request that a court with appellate jurisdiction
review the judgment/decision/order of a lower
court and set it aside (reverse it) or modify it
State Court Administration
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Court Administrator
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Coordinator who assists with case-flow, operating
funds, budgeting, and court-docket administration
Typical tasks
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Budgeting for the state court system
Analysis of case flows
Collection and publication of statistics
Service and training
Dispute-Resolution Centers
and Community Courts
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Dispute-Resolution Centers
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Informal hearings to address minor wrongs
Volunteer mediators
Resolution without stressing blame
Intended to reduce caseload of courts
Community Courts
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Focus on minor “quality-of-life” offenses
Official connection to justice system
Can impose fines/jail sentences
The Federal Court System
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Created by the U.S. Constitution, Article III,
Section 1
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Article III, Section 2
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Specifies that such courts are to have jurisdiction
over cases arising under the Constitution, federal
laws, and treaties
U.S. District Courts
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Trial Courts of federal court system
94 Federal Judicial Districts
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650 District Court judges
Appointed for life by the President and confirmed
by the Senate
Additional 479 (full and part-time) magistrate
judges
Original Jurisdiction for federal crimes
U.S. Courts of Appeals
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Circuit Courts
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12 regional circuits
167 judges
Six or more judges per court
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Appointed for life by the President with advice & consent
of the Senate
Hear appeals from the District Courts located
within the circuit
Types of Appeals
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Three categories of appeals
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Frivolous
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Ritualistic
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Have little substance, raise no significant new issues, and
are disposed of quickly
Brought because of the demands of litigants, even though
the probability of reversal is negligible
Nonconsensual
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Entail major questions of law and policy, considerable
professional disagreement
The U.S. Supreme Court
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8 Associate Justices, 1 Chief Justice
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Judicial Review
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Appointed for life by the President and confirmed by the
Senate
The power of a court to review actions and decisions
made by other agencies of government
Marbury vs. Madison (1803)
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Established the Court’s authority as final interpreter of the
U.S. Constitution
The Supreme Court Today
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Has limited Original Jurisdiction
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Hears disputes between states and
sometimes for attorney disbarment
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Hears cases from U.S. and State Courts of
Appeals
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Writ of certiorari orders the case records for
review
Hears approximately 200 cases a year out of
some 5,00 requests!
Pretrial Release
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Pretrial Release
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Pretrial Detention continues for…
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Release of an accused person from custody for all or part
of the time before/during prosecution, upon his or her
promise to appear in court
Serious crimes, escape risks, public safety
Early Intervention programs
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Gather and present information on defendants and
available release options
Supervise defendants released from custody
Pretrial-Release Factors
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Initial pretrial release/detention decisions
based upon:
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Seriousness of the current charge
Defendant’s prior criminal record
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Information about the defendant
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Public-safety risk?
Escape risk?
Community/family ties?
Available supervisory options while released
Bail
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Bail is the most common release/detention
decision-making mechanism
Two purposes
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Ensures reappearance of the accused
Prevents unconvicted persons from suffering
imprisonment unnecessarily
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“Innocent until proven guilty”
Bail Bonds
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Cash deposits, property, valuables as collateral
Usually 10% to 15%
Alternatives to Bail
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Release on Recognizance (ROR)
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Property Bonds
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Property/valuables instead of cash
Deposit Bail
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Defendant’s written promise to appear
Court becomes bondsman
Conditional Release
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Imposes set of specific requirements
Pretrial Release and Public Safety
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Pretrial release is common practice
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57% of all state-level felony defendants
66% of federal felony defendants
Danger Law
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Intended to prevent the pretrial release of criminal
defendants judged to represent a danger to others in the
community
The Grand Jury
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Private citizens who hear evidence presented by
the prosecution
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Held in “secret”
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Intended to filter out cases with insufficient evidence
Defendant generally does not appear
No cross-examination of prosecution witnesses
Indictment issued if sufficient evidence
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Formal list of proposed charges
Arraignment
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With an indictment or information in hand,
the accused will be formally arraigned:
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Defendant’s first appearance before the court of
jurisdiction
Handled during Arraignment
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Charges
Bail
Attorney
Plea
The Plea
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Plea
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Defendant’s formal answer in court to the charges
Three types of pleas:
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Guilty
Not guilty
Nolo contendere (“no contest”)
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Defendant does not contest conviction
Does not admit guilt
Plea Bargaining
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Process of negotiating an agreement among
the defendant/prosecutor/court as to an
appropriate plea and sentence
Judges are required to
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Inform the defendant of the rights surrendered with a
guilty plea
Determine that the plea is voluntary
Require disclosure of any plea agreements
Make sufficient inquiry to ensure there is a factual
basis for the plea
The Preliminary Hearing
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Probable Cause hearing to hold the defendant for
trial
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Prosecution presents evidence/witnesses in support of
criminal complaint
Defendant has opportunity to challenge legal basis for
detention
Competency to stand trial
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Defendant may claim mental incompetence
Court determines if defendant has present ability to consult
with attorney/understand proceedings