The Courts
American Court History
Pretrial Activities
Significant Quotes
There is no such thing
as justice – in or out of
court.
Clarence Darrow (1857
– 1938)
Significant Quotes
No person shall be held to answer
for a capital or otherwise infamous
crime, unless on a presentment or
indictment of a grand jury …nor
shall any person be subject for the
same offense to be twice put in
jeopardy of life or limb; nor shall
be compelled in any criminal case
to be a witness against himself, nor
deprived of life, liberty or property
without due process of law.
THE FIFTH AMENDMENT
Significant Quotes
After years of twisting the
Constitution into a pretzel,
handcuffing cops and
drooling over the rights of
killers and rapists,
America’s judges have
suddenly discovered
violent crime, and they’re
fretting that it might come
to their neighborhood
soon.
Washington Times Editorial
Key Concepts
Federal court system
Appellate jurisdiction
Original jurisdiction
Circuit courts
Writ of Certiorari
Bail bond
Release on recognizance
Key Concepts
State court systems
Judicial review
Appeal
Impeachment
Trial court
Plea
Property bond
Key Concepts
Initial appearance
Jurisdiction
Trial de novo
Nolo contendere
Pretrial release
Plea bargaining
Key Cases
US v. MontalvoMurillo
Herrera v. Collins
Minnick v. Mississippi
County of Riverside
(CA) v. McLaughlin
Keeney v. TamayoReyes
US v. AlvarezMachain.
The Courts
Between the police
quest for suspects and
potential prison time
THE COURTS
American Court History
Two courts work and
coexist
State courts
Federal courts
American Court History
Federal Court System:
3 – tiered structure of
courts involving US
District Court, US
Courts of Appeal and
US Supreme Court
State Court Systems:
States have three court
levels, trial courts,
appellate courts, and
state supreme court.
Colonial Courts
1629 Massachusetts
Bay Colony created a
“General Court.”
Made laws, held trials,
and sentenced.
Colonial Court History
Pennsylvania had the
idea that every man
could serve as his own
lawyer.
Peace Keepers listened
to arguments and made
binding decisions.
Today the idea of
Justices of the Peace in
some states.
Problems in Colonial Courts
States lacked trained
lawyers.
Virginia prohibited
practicing law for a
fee.
Barriers to becoming a
lawyer.
Govenor Cosby v. John
Zenger in 1775.
AFTER the Revolution
States were hardly
uniform in their laws.
Often had no means
for appeal from the
ORIGINAL
JURISDICTION to
the APPELLATE
JURISDICTION.
VOCABULARY
Jurisdiction: The territory, subject matter,
or persons over which lawful authority may
be exercised by a court or other justice
agency as determined by statute or
constitution.
American Court History
The Civil War (1861 –
1865) was somewhat
fought to establish the
right of the federal
government to govern
state courts.
The Right of Federal Appeal
Marbury v. Madison in
1804
The 14th Amendment –
states can’t pass laws
that abridge the US
Constitution and the
Bill of Rights.
State Courts Today
Reform efforts to have
more consistency
between states
More appellate
jurisdiction – lawful
authority of a court to
review a decision
made by a lower court.
State Courts Today
Decisional Model – is
informal, personal and
decisive. Quick
resolution of
uncomplicated issues
of law and fact.
State Courts Today
Courts of General
jurisdiction – follow
procedural model with
prosecutors, defense
attorneys, juries, etc.
Trial de Novo – Cases
that get retried on
appeal vs. those simply
reviewed by the record.
Appeals
Generally the request
that a court with
appellate jurisdiction
review the judgment,
decision or order of a
lower court and set it
aside or modify it.
Trial de Novo – Cases
that get retried on
appeal vs. those simply
reviewed by the record.
SPECIAL NOTES
Most convictions are
affirmed upon review.
You can appeal from
the state to the federal
courts ONLY if your
rights guaranteed by
the Constitution are
violated.
Court Cases About Appeals
Keeney v. Tamayo – Reyes: If the state
court screwed up because of actual
prejudice, then the federal court can order
fact-finding.
Herrera v. Collins: New evidence of
innocence is no reason for a federal court to
order a new state trial IF Constitutional
rights were NOT violated.
Dispute Resolution Centers
Informal hearing
infrastructure designed
to mediate without the
need to go to criminal
trial court.
The Rise of Federal Courts
Federal District Court:
Judges appointed by
the president,
confirmed by Senate
and serve for life.
Trial courts for all
cases of violations of
federal laws.
District Court Judges
Chief Judge Richard G. Kopf
(Lincoln)
Judge Thomas M. Shanahan
(Omaha)
Judge Joseph F. Bataillon
(Omaha)
Senior Judge Warren K.
Urbom (Lincoln)
Senior Judge Lyle E. Strom
(Omaha)
Before you think it is a “cushy”
job
650 District Court
Judges in the US.
45,473 criminal cases
and 236,391 civil
cases filed last year in
the country.
US Court of Appeals
Intermediate appellate
courts in the federal
system. Twelve of the
courts have
jurisdiction
based on geographic
area.
Often called circuit
courts.
US Court of Appeals
Has jurisdiction over
US District Courts in
their circuits.
Judicial Review: The
power of a court to
review actions and
decisions by other
agencies of
government.
Types of Appeals in US Circuit
Court
Frivolous appeals.
Ritualistic appeals –
primarily brought because
the litigants demanded it –
chances of reversal
virtually nil.
Nonconsensual appeals –
entail questions of law and
policy. Professional
disagreement.
The Supreme Court of the United
States
Has judicial review of
lower court decisions
and state and federal
statute.
Make law comply to
the Constitution or
reinterpret the
Constitution.
The Supreme Court
Does not conduct
trials.
ONLY when a lawyer
is being disbarred by a
state.
Trials like
impeachment, one
serves as judge.
The Supreme Court Today
Rather, the Court
reviews the decisions
of lower courts and
may accept cases from
both the US courts of
appeals and state
supreme courts.
Four judges have to
agree to a hearing.
The Supreme Court Today
If they want to review
a case the justices
issue a writ of
certiorari ordering it
to send the record of
the case for review.
Justices can then
revoke the decision of
the lower courts.
The Supreme Court Today
In reviews the full
court selects cases to
“hear” where an
attorney for each side
speaks about the case
and answer judges’
questions.
Judges’ then write
opinions and majority
rules.
Pretrial Activities
First Appearance: An appearance before a
magistrate which starts the trial process,
where the defendant’s arrest is assessed, and
he or she is informed of the charges, and
bail set.
Bail
An agreement
guaranteeing the
required appearance of
a defendant in court,
which records a
pledge of money or
property to be paid to
the court if he or she
does not appear.
Bail
The Eighth
Amendment to the US
Constitution requires
the opportunity for
bail. “Excessive bail
shall not be required
…”
Statistics of Bail
16% of defendants released before trial are
rearrested.
30% were arrested more than once.
41% of those out on bail are out after doing
serious crimes like rape and robbery.
Bail
1990 US v. MontalvoMurillo – a defendant
doesn’t have a “right”
to freedom because of
minor crimes.
The Preliminary Hearing
Kind of a shortened
trial. Judge
summarizes charges
and reviews
defendant’s rights.
Prosecution offers
witnesses and proof.
The Preliminary Hearing
Defendant has the
opportunity to
challenge his/her
detention.
Establishes for the
judge if there is
probable cause.
The Grand Jury
25 states use as part of
pre-trial process.
A MUST in cases
where judicial and
prosecutor discretion
might be questioned.
Arraignment and Plea
Charges are formally
read to the defendant
and they enter a plea.
In criminal
proceedings, the
defendant’s formal
answer in court to the
charge contained in the
indictment that he/she
is guilty or not guilty.
Third Option to Plead
Nolo Contendere:
plea of no contest. No
contest does not admit
guilt, however it
cannot provide the
basis for later civil
suits.
Plea Bargaining
The negotiated agreement between defendant,
prosecutor and the court as to what an appropriate
plea and associated sentence should be.
Circumvents the trial process and reduces time in court.
After a plea has been entered, it can be withdrawn as
long as the defendant proves to the judge he/she had
been badly advised by their lawyer .
Conditions for Plea Bargaining
Judge of their rights they
are surrendering by
pleading guilty.
Determine if the plea is
voluntary.
Publicly declare what the
agreement was.
Make some guarantees of
punishment / safety of the
community.
Chemical castration case.