Larry J. Siegel
www.cengage.com/cj/siegel
Chapter 7
Courts, Prosecution, and the Defense
Joe Morris • Northwestern State University
Cherly Gary • North Central Texas College
Lisa Ann Zilney • Montclair State
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.
• 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
Types of State Courts
Courts of limited
jurisdiction
Specialized Courts
Courts Of General
Jurisdiction
Appellate Courts
Model of a State Judicial System
State Supreme Court
Intermediate
Appellate Courts
Probate Court
Superior Courts
Municipal Court
Lower Court
Domestic
Relations Court
Justice of the Peace
and Police Magistrate
Specialty Courts
Courts of Limited Jurisdiction
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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
Supreme Court
of the United States
Federal Circuit Courts
Claims Court
Court of
international
Trade
District Court in
Patent Matters
U.S. Court of Appeals
(11 circuits plus D.C. circuit and Court
of Appeals for the Federal Circuit)
U.S. distract
courts with
federal and local
jurisdiction
(Virgin islands,
Guam)
District appeals from state
courts in 50 states
Administrative
quasi-judicial
agencies (Tax
Court, Federal
Trade
Commission,
National Labor
Relations
Board, etc.)
U.S. district
courts with
federal
jurisdiction only
(94 districts in
50 states, the
District of
Columbia, and
Puerto Rico)
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
Criminal Cases Filed in U.S. District Courts
Criminal Cases Filed in U.S. District Courts
2003
2004
2005
2006
2007
Firearms and
explosives
Immigration
Drug law
Other criminal
0
5,000
10,000
15,000
Cases filed
20,000
25,000
30,000
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
How a Case Gets to the Supreme Court
Full Judicial decision by the U.S. Supreme Court
Decision-making conference by the justices
Prescreening
Discretionary decisions
Mandatory decisions
Decision making
Federal courts
State Supreme Court
Federal or state trial court cases
Federal or state trial court cases
Key Players in the Courtroom
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
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•
•
•
Appointment
Popular election
Nonpartisan election
Missouri Plan
Selection Methods by State for General
Jurisdiction Trial Court Judges
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
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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
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•
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Communications
Videoconferencing
Evidence presentation
Case management
Internet utilization
Information sharing
Cameras in court