The Court System
When a crime has been recorded and a suspect
apprehended and booked  it creates a
criminal case
– Next part of the CJ process = judicial
disposition of the case
 The case transfers from the Police to the Court
system for prosecution and adjudication
– Shift responsibility from Police to Courts
(mostly)
 The police may continue investigation
 Initial charges may change or be dropped
The Court System in the U.S.
Important features to note at the outset:
– Note: duality of legal systems in the U.S.
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Federal & State Court Systems = separate
– Note: multiplicity of state court systems in the
U.S. (50 independent state systems)
– Note: division of trial vs. appellate courts
– Note: general vs. limited jurisdiction courts
– Note: multiple levels of courts
– Note: U.S. Courts = adversarial system
Note: Adversarial Framework of U.S.
Courts
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U.S. legal system is formally set up as an
adversarial process
What does that mean?
a) Truth results from contest between opposing
arguments based on logic and evidence
b) Competition must follow specific rules of fair
competition (procedural correctness = primary)
c) Emphasize due process over efficiency
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Where did this come from?
– Common Law
– Constitutional guarantees
The Adversarial Framework (cont).
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What are the alternatives to this approach?
– Inquisitorial framework (collaborative factseeking)
– Pragmatic framework (efficient decisionmaking)
– Negotiational framework (mediation, conflict
resolution, and compromise-seeking)
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When are the alternative frameworks used?
– Adversarial reserved for serious felony cases
– Other approaches may be used in lower, less
serious cases or other types of violations
The Court System in the U.S.
– Note: duality of legal systems in the U.S.
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Federal & State Court Systems = 2 separate
court systems
Doctrine of “Dual sovereignty”
Federal system has jurisdiction only over:
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Federal law violations & disputes
International laws and agreements
Interstate commerce & activities
Constitutional matters
• They are primarily connected only “at the top”
• Note recent trend toward greater “federalization”
Structure of State Court Systems
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Every State has its own Court System
General division into:
– Trial Courts (courts of original jurisdiction)
– Appellate Courts (courts of appeal)
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At a state level this is a recent development
– Early state courts had little provision for appeal
– Some states allowed only legislative appeal
•
Appellate courts provide correction for
procedural errors (not concerned about
correctness of judgments or verdicts)
Structure of State Court Systems
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Appellate courts focus on procedural errors
(not substantive judgments or outcomes)
Appellate courts do not retry the case but
review the original procedure
– Appellate decision based on record of trial
(minimal argumentation)
– Outcomes = (1) let stand; (2) remand; (3) set
aside
•
Note difference at appellate level between:
a) Mandatory reviews (of some types of cases)
b) Discretionary reviews (of most cases)
Structure of State Court Systems
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State Courts are further divided into Upper &
Lower levels
Trial Courts divided into levels by jurisdiction:
– General jurisdiction (hear all types of cases)
– Limited jurisdiction (hear only some types)
• Misdemeanors or crimes of lesser punishment
• Certain types of offenses or cases
– Also called: “superior” vs. “inferior” courts
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Appellate Courts divide into levels:
– Final appeals (“Courts of Last Resort”)
– Intermediate appeals (in most states)(not in 12)
“Typical”(?) State Court Structure
Court of Last Resort
(State Supreme Court)
Appellate
Courts
Intermediate Appellate Court
Superior courts;
Circuit Courts;
District Courts
Courts of Common
Pleas
Misdemeanor Courts;
Municipal Courts;
Metropolitan Courts
Police Courts;
Mayor’s Courts;
J of P Courts;
Township Courts
Trial Courts of General Jurisdiction
Trial
Courts
Trial Courts of Limited Jurisdiction
(& Special-focus Courts)
Family Courts; Traffic Courts;
Drug courts; Gun Courts
Magistrates
Structure of State Court Systems
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Specific structures vary widely from state to state
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Some = unified systems; others = fragmented
Some systems = streamlined; some = redundant
Many have anachronistic features (JPs)
Some have multiple special-purpose courts
Some have community courts that mediate or arbitrate
rather than formally adjudicate (“arbitration panels”)
The specific names of courts seem to vary widely:
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trial courts in New York are called “Supreme Courts”
District, county, or common pleas courts refer to general
jurisdiction courts in some states and limited jurisdiction
in others
Illinois Court System
Supreme Court
Final
Appellate
Appellate Court
(5 Districts)
Intermediate
Appellate
Circuit Courts
(22 Circuits in 102 Counties)
Trial
Courts
[Note: No lower trial courts (but some specialized courts)]
Recent Developments in State Courts?
a) Increasing caseloads  overload & backup
b) Changes in Technology
– Computerization
– Information sharing and linking
c) Unification and rationalization of courts
– Reorganization of court systems = inconsistent
– Streamline structures – eliminate redundancy
– Streamline procedures – info mangement &
scheduling
– Use of nonjudicial court administrators
– Proliferation of specialized courts
Federal Court Systems
•
Similar in structure to state systems
– Originally set up as two-layers: Trial + Appeal
– Supreme Court established in U.S. Constitution
– District Courts (Trial) set up in 1789 legislation
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Added additional appellate layer in 1891
– Circuit Courts – 13 circuits (12+1)
– Provide mandatory review of all federal appeals
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Added lower level trial layer in 1968
– Created U.S. Magistrates (conversion from U.S.
Commissioners)
– Renamed to Magistrate Judges in 1990
Federal Court Structure
U.S. Supreme Court
Appellate
Courts
U.S. Circuit Courts
(13 circuits)
District Courts
(94 general jurisdiction courts)
U.S. Magistrate Judges
(limited jurisdiction)
Trial
Courts
Major Players in Court Systems:
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Prosecutors
Judges
Defense Attorneys
Court Personnel – supporting roles
(courtroom workgroups)
• Important outsiders:
– Victims
– Juries
– Witnesses
Prosecutors: (district attorney; state’s
attorney; prosecuting attorney; county attorney;
commonwealth’s attorney; solicitor)
• The “quarterback” of the court system
(i.e., has a hand in every play)
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Charging
Recommending bail
Plea bargaining
Prosecuting
Recommending sentences
• Charging = the critical function
Prosecutors:
• Mostly selected by election for 4-yr
terms (except 3-4 states)
• Mostly in smaller offices (5 or less
full time attorneys)
• Salaries = fairly low
• Stepping-stone to private practice,
judgeship or political office  not
usually a full career
Prosecutors:
• What is the prosecutor’s main task?
1) To prosecute cases from police
a) effectively: offenders convicted +
innocent persons cleared + law upheld
b) efficiently: resolving cases in timely
fashion & doesn’t waste resources
c) Considerable discretion in deciding which
cases to prosecute & what charges
1. Crime has occurred
2. Offender has been apprehended
3. Strong likelihood of conviction
Prosecutors:
• The prosecutor’s 2nd task (sometimes)?
2) To investigate & prosecute other
crimes beyond police records
a) Grand juries (investigative function)
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Power of subpoena
Compulsion to testify
b) Special investigations
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Prosecutor = in principle the highest law
enforcement officer of the jurisdiction
Make collaborate with police or establish
special investigators
Prosecutors:
• How are prosecutors evaluated?
– Conviction rates
– High profile show trials
– Avoiding embarrassing outcomes
 Appellate court reversals & reprimands
 Bad publicity:
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Losses in high profile cases
Subsequent crimes by “lost” defendants
Political conflicts
Defense Attorneys:
• 6th Amendment guarantees right to legal
representation
– Originally this applied only to federal cases
– Applied to states in 1960s “due process”
era (Gideon v. Wainwright, 1963)
– Originally applied only felony cases
– Extended to misdemeanors & multiple
events in addition to the trial in 1970s &
1980s
– Extended further to mean right to
“competent representation”
Defense Attorneys:
• 6th Amendment guarantees right to legal
representation
– But does it obligate the state to provide this
counsel for all defendants
• How to provide legal representation?
1) Privately retained attorney
• based on the defendant’s ability to pay
2) Publicly-provided attorney
• provided by the community for those
defendants who lack ability to pay for an
attorney
Defense Attorneys:
• Methods of publicly providing legal
representation:
1) Court-Appointed attorney
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Lawyers serving “pro bono”
Lawyers for small fixed compensation
2) Public Defender
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Employed by community-funded office
Lawyers work on salary (modest)
3) Contract attorney
Defense Attorneys:
• Tasks of Defense counsel:
1) Representation at Trial
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Provide counsel to defendant
Advocate in trial
2) Pretrial & Posttrial events
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Investigation (pretrial & posttrial)
Counseling
Representation (motions, filings,
appearances, communications)
Defense Attorneys:
• Comparison of Private vs. Public
attorneys?
– Do you “get what you pay for”?
– Amount of time spent with client
– Percentage of guilty pleas
• Note: private criminal practice= Low
pay & low status
• Most cases decided without legal
representation (in lower courts)
Judges:
• Judges’ task:
1) See that trials are properly carried
out (“due process” is carried out)
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Obvious and familiar
2) Hold pretrial and posttrial hearings
3) Administer court organization & office
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Less obvious but equally important
Bulk of judges work is mostly outside of
courtroom
Judges:
• Courtroom tasks
1) Administrator of trials and court events
2) Referee of adversarial proceedings
3) Decision-maker in court actions
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Evidence
Trial procedures
Guilt (sometimes)
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Sentencing (usually)
4) Disciplinarian of court conduct
Judges:
• Selection of judges?
– State/Local Trial Judges  usually
merit + elective
– State Appellate judges  usually
merit
– Federal judges  appointive
• Terms of service?
– Appellate  indefinite (life)
– Trial  specific term (usually 6 yrs)
Judges:
• Qualifications of judges
– Higher levels  law degree & member
of bar (no trial experience necessary)
– Lower levels  not required to be
lawyers or have any legal training
• Selection of judges is partly a
professional and partly a political
process
– Variations on that trade-off?
Juries:
• Jury = group of citizens who make
decisions about criminal cases
– Citizens” = ordinary community members
– Different from “judicial panel” or “lay judges”
• 2 different kinds of juries
1) Grand Jury
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Decide probable cause to prosecute
2) Trial Jury (petit jury)
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Decide guilt and punishments (rarely)
Juries:
• Jury’s task = render decisions at key
points in case’s prosecution
• Jury’s role = provide community voice in
process of achieving justice
1) Jury’s role is limited but important
• “jury nullification” as common law
principle
• Requirement of jury in capital cases
2) Most cases don’t involve juries (2%)
Juries (cont.):
• How many members in a jury
– Grand jury: between 12-23 persons
– Trial jury: between 6-12 persons
• What kinds of decisions
1) Charging/indictment (Grand jury)
2) Guilt/innocence (Trial - some cases)
3) Sentencing (Trial - capital cases)
• What are the decision rules?
─ Unanimous
─ Less-than-unanimous (in some situations)
Juries (cont.):
• How are jury members selected?
– Juror pool (venire) drawn from public lists
(tax rolls; registered voters; directories;
license lists)
– Jury panel drawn from current juror pool
– Jury members (+ alternatives) are drawn
from the jury panel  voir dire
– Exceptions from jury duty
– Challenges: 1) peremptory; 2) for cause
• Why are juries controversial?