Courts and the Judicial System
Chapter 8 In Your Textbook
John Massey
Criminal Justice
Jurisdiction
You must understand jurisdiction
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The authority of a court to hear and decide cases
within an area of law or geographical territory.
All jurisdiction is limited
Examples:
Local courts: jurisdiction over localities
(counties/towns, ex: Roanoke County)
State trial courts: jurisdiction over certain crimes in
certain areas of the state (regional, ex: Southwest
VA)
State Supreme Court: jurisdiction over entire state
(ex: Virginia)
US Supreme Court: - jurisdiction over the entire
country
Local Courts
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Two main types
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(1) Trial Courts and (2) Appellate Courts
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Trial Courts
• Where most cases usually begin
• Questions of fact
• What happened? Guilt v. Innocence
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Appellate Courts
• Reviewing courts
• Trial court appeals advance to appellate court
Dual Court System &
VA Court System
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Dual Court System
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- separate but related system used in the United States
- establishes courts on national and state levels
- each have limited jurisdiction
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Virginia State Court System
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- Lower Courts – limited jurisdiction (domestic issues,
limited civil, criminal cases)
- Trial Courts of General Jurisdiction – (General District
Court)
- Appellate Courts – (Circuit Court of Appeals
- High Courts – Virginia State Supreme Court
U.S. Federal Court System
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District Court
Court of Appeals
Supreme Court
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Federal Judges:
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• Appointed by President, Approved by Senate
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Federal Courts:
• Operate in same order as state courts
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Supreme Court:
• 120-140 cases each year
• Impact on policy (ex: Miranda, Bush v. Gore)
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Two ways to impact policy:
Judicial Review: determine a law or action’s (by other branches of
government) Constitutionality
Interpret the law: cases on appeal, Justices interpret the law and
decide Constitutionality
More on the Supreme Court
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“Final Interpreter of the Constitution”
Nine Supreme Court Justices
• One Chief, Eight Associate Justices
• Writ of Certiorari
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Judges in the Court System
• Federal: Judges are appointed by President, Approved by Senate
• States: Partisan & Non-partisan elections
Courtroom Workgroup
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TV & The Media versus The Reality
The Courtroom Subculture
Defined:
• A cooperative unit whose members establish shared values and methods that
help the group efficiently reach its goals.
• The Actors Involved: Judge, Prosecutor, Defense Attorney, and other Court
Employees
• Baliff:
• Clerk of Court:
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Judge:
Dominant figurehead, most influence
Prosecution:
• Employed by state, local or federal government
• Discretion
• Often elected
Defense:
• Balances power between the state and the defendant
• Misconceptions
• Representing the Defendant
• 2 Types of Defense Attorneys (Private, Public)
• 6th Amendment – right to counsel
Attorney/Client Relationship
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Rule of law
Confidentiality
Client CAN consent
The relationship problem
when the attorney is a public
defender.