P.O.L.
CHAPTER 8
NOTES
Functions of the Courts
The court’s legitimacy in taking such actions must be unquestioned
Legitimacy is based on impartiality
Legitimacy is based on independence
Due Process and Crime Control in the Courts
The primary concern of early American courts was to protect the right of the individual
against the power of the state
The crime control model of the courts emphasizes punishment and retribution
The rehabilitation function is based on the medical model and perceives criminals as
patients who require “treatment”
The bureaucratic function of the courts is concerned with speed and efficiency
Functions of the Courts:
The Due Process Function
The Crime Control Function
The Rehabilitation Function
The Bureaucratic Function
Jurisdiction
Juris means “law,” and diction means to “speak;” thus jurisdiction literally refers to the
power “to speak the law”
State versus State Jurisdiction
When concurrent jurisdiction occurs, states must negotiate
Extradition is the formal legal process where one legal authority transfers a fugitive to
another legal authority with a claim on the same suspect
Trial and appellate courts
Courts having original jurisdiction are courts of the first instance, or trial courts
Almost every case begins in a trial court
Where a trial takes place, and the judge imposes a sentence if the defendant is found
guilty
Primarily concerned with questions of fact
Courts of appellate jurisdiction act as reviewing courts
Cases can be brought before appellate courts only on appeal by one of the parties in the
trial court
Makes decisions on whether the case should be reversed and remanded
Judges present written explanations for their decisions, and these opinions of the court are
the basis for a great deal of precedent
Do not determine the guilt or innocence of the defendant
Primarily concerned with questions of law
The dual court system
Federal and state courts both have limited jurisdiction
Federal courts deal with acts that violate federal law
State courts deal with acts that violate state law
A number of crimes are deemed illegal by both federal and state statutes and persons
accused of such crimes can be tried in either court system
State Court Systems
Majority of all minor criminal cases are decided in lower courts
Can be responsible for preliminary stages of felony cases
Also includes the justice of the peace and magistrate
Many states have created specialty courts with jurisdiction over narrowly defined areas of
law, such as drug courts, gun courts, juvenile courts, domestic courts, and elder courts
State courts of appeals
Every state has at least one court of appeals which may be an intermediate appellate court
or the state’s highest court
Decisions of each state’s highest court on all questions of state law are final
Only when issues of federal law or constitutional procedure are involved can the United
States Supreme Court overrule a decision made by a state’s highest court
The Federal Court System
Which cases reach the Supreme Court?
Thousands of cases are filed with the Supreme Court each year; on average the
Court hears fewer than one hundred
With a writ of certiorari, the Supreme Court orders a lower court to send it the
record of a case for review
The Federal Court System
Three-tiered model:
U.S. District Court
U.S. Court of Appeals
United States Supreme Court
Supreme Court decisions
Justices discuss the case in conference
When a decision has been reached, the chief justice assigns the task of writing the Court’s
opinion to one of the justices
Opinion outlines the reasons for the Court’s decision, the rules of law that apply, and the
decision
One or more of justices who agree with the opinion may do so for different reasons and
they may write a concurring opinion and one or more of the justices who disagrees with
the opinion may write a dissenting opinion
During the trial
When the trial starts, the judge takes on the role of referee
Responsible for seeing trial unfolds according to dictates of the law
Expected to be neutral
Also acts as a teacher
Explains points of law to the jury
Judge must decide on the length and type of sentence
Selection of judges
In federal court system, all judges are appointed by the president and confirmed by the
Senate
Once confirmed, Federal judges receive a life time appointment
Procedure for judges in the states varies widely
Partisan election used to choose judges through elections in which a judicial candidate is
openly supported by a political party (patronage)
Judges are selected based on two key concepts, independence and accountability
The removal of judges
Nearly every state has a judicial misconduct commission which recommends removal of
judges
On average 10 state judges are removed each year
Federal judges can be impeached only if found guilty of “treason, bribery, or other high
crimes and misdemeanors”
The Courtroom Work Group
Other participants also included
Bailiff – Maintains order in court
Clerk of the court-keeps up w/ paperwork
Court reporters-records all proceedings
The courtroom work group differs from a traditional work group in that each member
answers to a different authority
The judge in the courtroom work group
Dominant figure in the courtroom who exerts the most influence over the values and
norms of the work group
Some judges run a “tight-ship” while others are more “laissez-faire”
Assembly-line justice
One criticism of the courtroom workgroup is that while the cooperate well and strive for
efficiency, justice itself is often lacking
Excessive caseloads often result in assembly-line justice
Lack of resources to deal with excessive caseloads is a principle concern for federal and
state agencies