Understanding the
Criminal Justice System
CJUS 101
The American Courts and the
Right to Counsel
Courts
1.
The American court
- early legislators set-up our court system
- by attorneys / for attorneys
- prosecute / defend / judge / over-rule
a. House that justice built
- both criminal / civil
- 1/3rd civil settlement
(1) Miranda vs. Arizona
- attorney required
Courts
(2) Prosecutors
- plea bargain with defense attorneys
b. Terms / concepts
- limited jurisdiction
- general jurisdiction
- appellate jurisdiction
c. Federal level
(1) Limited jurisdiction
Courts
- magistrate’s court
(2) General jurisdiction
- district court
(3) Appellate jurisdiction
- court of appeals
- supreme court (court of last resort)
d. State court systems
- state’s vary in court types
Courts
(1) Limited jurisdiction: misdemeanors
- municipal court (city)
- district court (county)
(2) General jurisdiction: felonies
- superior court (county)
(3) Appellate jurisdiction
- court of appeals
(4) Courts of last resort: supreme court
Courts
e. Process
- state court structure
(1) Limited jurisdiction
- defendant found guilty
- appeal to superior court
(2) General jurisdiction court
- appeal to court of appeals
- can be lower court appeal
- can be guilty verdict in superior court
Courts
(3) Appellate jurisdiction
(a) Court of appeals
-hear appeals from superior court
- within court jurisdiction
(b) Supreme court
- appeals throughout state
f. Federal
Courts
- court structure
(1) Limited jurisdiction
- US Magistrate’s Court
- minor crimes / arrest-search warrants
(2) General jurisdiction
- US District Court
- felony crimes
- state court appeals
- civil trials
Courts
(3) Appellate jurisdiction
- US Courts of Appeal
- 13 circuits
- 9th circuit (Washington state)
- appeals from US District Court
(4) Court of last resort
- US Supreme Court
- appellate jurisdiction
- appeals from Courts of Appeal
- Rule of Four / Writ of Certiorari
Courts
2.
Washington court system
a. Limited jurisdiction courts
- considered lower or inferior courts
- limited authority
(1) First level
- municipal court / city
- old justice of the peace court
- presides over crimes / infractions
- city ordinances
Courts
(2) Second level
- county district court
- unincorporated area
- presides over crimes / infractions / civil
matters up to $75,000
(3) Problems generated
- overburdened
- follow-up on releases
- jail overcrowding
Courts
b. General jurisdiction courts
- considered to be a state court
- felony crimes / lower court appeals
- civil over $75,000
(1) Presides over:
- arraignments
- bail hearings
- 3.5 hearings (pre-trial motions)
(2) Problems generated
Courts
- overburdened
- plea bargains
- part-time judges
c. Appellate jurisdiction courts
- state supreme court / courts of appeal
- restricted solely to appeals of lower courts
(1) Court of Appeals
- buffer for supreme court
- handle criminal / civil on appeal
Courts
- strictly a paper court
3.
Federal court
a. Administrative law courts
- hear non-criminal cases
- business / professional sector
- appeals to US District Court
b. US Magistrates Court
- minor federal crimes
Court
(1) Assist US District Court
- set bail / search and arrest warrants
- review petitions / pretrial conferences
(2) Appeals
- go to US District Court
c. US District Court
- general trial court
- violations of federal law
- search / arrest warrants
Court
(1) Both civil / criminal cases
- appeals from state courts
(2) Reviews petitions from federal prisoners
c. Courts of Appeal
- appeals from US District Court
- both civil / criminal
(1) 13 regions in US and territories
- 94 districts
Court
d. US Supreme Court
- “Guardian of the Constitution”
- Rule of Four
- Writ of Certiorari
(1) Nine justices
- one chief justice / eight associate
(2) Life terms
- nominated by president
- confirmed by senate