CJ
Chapter 8
Courts and the
Quest for Justice
© 2011 Cengage Learning
Learning Outcomes
LO1: Define and contrast the four functions of
courts.
LO2: Define jurisdiction and contrast geographic
and subject-matter jurisdiction.
LO3: Explain the difference between trial and
appellate courts.
LO4: Explain briefly how a case is brought to
the Supreme Court.
LO5: List and describe the members of the
courtroom work group.
© 2011 Cengage Learning
LO 1
Define and contrast the four
functions of the courts.
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Learning Outcome 1
• Courts have extensive powers in our
criminal justice system.
• The courts’ legitimacy is based on
two factors:
– Impartiality
– Independence
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Learning Outcome 1
Functions of the Courts:
• The Due Process Function
• The Crime Control Function
• The Rehabilitation Function
• The Bureaucratic Function
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LO 2
Define jurisdiction and
contrast geographic and
subject-matter jurisdiction.
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Learning Outcome 2
Jurisdiction – “the power to speak the
law.”
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Learning Outcome 2
• Geographic jurisdiction
– A court exercises authority over a certain
area.
– Federal versus State
• Concurrent jurisdiction – many acts that are illegal
under federal law are also illegal under state law.
– State versus State
– Multiple trials – federal and state courts can
host the same defendant on charges of
same crime.
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Learning Outcome 2
• Subject-matter jurisdiction
– Courts of general jurisdiction
• No restrictions on subjects they can address.
– Courts of limited jurisdiction
• Handle misdemeanors and certain civil
matters.
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LO 3
Explain the difference
between trial and appellate
courts.
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Learning Outcome 3
Trial Courts:
• Have original jurisdiction
• Almost every case begins in a trial
court
• Are concerned with questions of
fact
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Learning Outcome 3
Appellate Courts:
• Cases are brought only by appeal
• Judges make a decide whether a
cause should be reversed or
remanded
• Concerned with questions of law
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Learning Outcome 3
• The dual court system is comprised of both
federal and state courts.
• Both federal and state courts have limited
jurisdiction.
– Federal courts enforce federal statutes.
– State courts enforce state statutes.
The distinction between the courts is not always
clear.
© 2011 Cengage Learning
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Learning Outcome 3
• State courts consist of:
– Lower courts (limited jurisdiction)
– Trial courts (general jurisdiction)
– Appellate courts
– State’s highest court
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Learning Outcome 3
• Specialty courts include:
– Drug courts
– Gun courts
– Juvenile courts
– Domestic courts
– Elder courts
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© 2011 Cengage Learning
Learning Outcome 3
Federal Courts – A Three-tiered
model:
• U.S. District Court
• U.S. Court of Appeals
• United States Supreme Court
© 2011 Cengage Learning
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Learning Outcome 3
The United States Supreme Court:
• The final interpreter of the Constitution
• Judicial review
• Meaning of statutory provisions
• Has trial jurisdiction in rare instances.
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LO 4
Explain briefly how a case is
brought to the Supreme
Court.
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Learning Outcome 4
• There is no absolute right to appeal to
the Supreme Court.
• Writ of certioari
– A Supreme Court order for a lower court to
send the record of a case for review.
– Four justices must approve a writ of
certioari (rule of four)
© 2011 Cengage Learning
Learning Outcome 4
Supreme Court Decisions
• Does not hear any evidence
• Decisions are based on written record of
the case and written arguments (briefs)
• Court’s decision delivered as written
opinion.
– Concurring opinion
– Dissenting opinion
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CAREERPREP
Bailiff
Job Description:
• Maintain order and provide security in the courtroom
during trials, escort and guard jurors and prevent them
from having improper contact with the public.
• Open and close court, call cases, call witnesses, and
generally “direct the traffic” of the trial.
What Kind of Training Is Required?
• At minimum, a high school diploma or GED.
• Supplemental training at a vocational school or a police
academy, or a two- or four-year college degree with an
emphasis on criminal justice.
Annual Salary Range?
$30,000–$38,000
For additional information, visit:
www.criminaljusticeusa.com/bailiff.html.
© 2011 Cengage Learning
Learning Outcome 4
Before the Trial, the judge must determine…
• Whether there is sufficient probable cause to
issue a warrant.
• Whether there is sufficient probable cause to
authorize electronic surveillance
• Whether enough evidence exists to justify the
temporary incarceration of a suspect
• Whether a defendant should be released on bail,
and if so, the amount of bail
• Whether to accept pretrial motions by
prosecutors and defense attorneys
• Whether to accept a plea bargain
© 2011 Cengage Learning
Learning Outcome 4
Before the trial, the judge must determine…
• Whether there is sufficient probable cause to issue a
warrant.
• Whether there is sufficient probable cause to authorize
electronic surveillance
• Whether enough evidence exists to justify the temporary
incarceration of a suspect
• Whether a defendant should be released on bail, and if so,
the amount of bail
• Whether to accept pretrial motions by prosecutors and
defense attorneys
• Whether to accept a plea bargain
© 2011 Cengage Learning
Learning Outcome 4
The Administrative Role
• Keeping the docket current.
• Paperwork
• Courtroom budgets
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Learning Outcome 4
Selection of Judges:
• Federal judges are appointed by the president
and confirmed by the Senate.
• State judges – procedure varies by state.
– Partisan election – judicial candidate picks a political
party.
– Nonpartisan elections – candidates do not pick a
party.
• Missouri Plan – merit selection
– When there is a vacancy, candidates are named by a
nonpartisan committee.
– The names of the three most qualified candidates are
sent to the governor or executive of the state judicial
system, who makes the final decision.
– One year later, a “retention election” is held, so that
vogers can decide whether to keep the judge.
© 2011 Cengage Learning
CAREERPREP
Law Clerk
Job Description:
• Assist judges in courtroom matters such as managing evidence,
interacting with court personnel, and communicating with attorneys and
the public.
• Analyze complex legal issues regarding information submitted by the two
parties before the court, help the judge research and write opinions,
prepare reports for the judge on the legal issues of a case, and make
recommendations directly to the judge concerning the outcome of the
trial or appeal.
What Kind of Training Is Required?
• Despite the job title, law “clerks” are almost always recent law school
graduates who have either passed or are expected to pass the state bar
examination, a prerequisite to becoming a lawyer.
• Superior writing and research skills and a solid knowledge of the law,
court procedures, jurisdictional rules, and the court system.
Annual Salary Range?
$54,000–$105,000
For additional information, visit: www.judicialclerkships.com/law-clerks.htm.
© 2011 Cengage Learning
LO 5
List and describe the
members of the courtroom
workgroup.
© 2011 Cengage Learning
Learning Outcome 5
Most prominent members:
• Judges
• Prosecutors
• Defense attorneys
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Learning Outcome 5
Other members:
• Bailiff of the court
• Clerk of the court
• Court reporters
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Learning Outcome 5
• The judge has most influence over
the work group.
– Laissez-faire judges.
– “Tough-on-crime” judges.
• A judge’s personal philosophy
affects the court proceedings.
© 2011 Cengage Learning