The Courts

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Welcome to CJ 101!!
Kaplan University
Professor Chad Rosa
Unit 6
Kaplan University
 Once
again, a few reminders………
Your Professor – Me 
 Minnesota
 Over
– southern metro area
18 years of criminal justice
experience including: private
security, state patrol, municipal
patrol officer and school resource
officer
Online Learning at KU

KU stands for Kaplan University

Each class is 10 weeks long

Each week is called a Unit

Each unit has several graded items –
check the gradebook!!
Online Learning at KU


Each unit/week starts on Wednesday &
ends at 1159 pm EST on Tuesday
Start your work for each Unit early –
DON’T wait until the end of the week to
complete your work
Online Learning at KU
 Want
class?
 The
to be successful in my
following are the secrets…
Reading
Each unit has a reading link – which
tells you which chapter(s) to read
 Electronic book/chapters in
docsharing
 PowerPoints –
 Read both 
 Start your work for each Unit early –
DON’T wait until the end of the week
to complete your work

Discussion Questions
 Each
unit has a discussion board
question
 Always answer the question with
at least a 100 word response
 Always “reply” to one other
student for each question. Must
give good input and thought –
not “good post” etc
Quizzes
 Many
units will have a quiz
 You can always retake a quiz to
get a better grade – most recent
score is kept
 However, quizzes are only open
during the unit, never accepted
late
Seminars
 EASTERN
TIME
 No seminar during units 5 or 10
 Participation & quality input
 If
you miss a seminar – alternate
assignment to DocSharing, NOT
Dropbox 
Seminars
 If
you miss a seminar –
 Review the instructions in the
seminar link of each unit.




To receive credit for the seminar if you are unable to
attend, you are required to write a 1 page paper
summary on what we covered.
Review the seminar archive for additional information.
Submit your assignment using the Doc Sharing tab.
Select the option to send to your instructor only.
More Success




Go in to DocSharing and print out my
example paper and EXACTLY follow
that format
MUST write all papers in a Microsoft Word
document
MUST write in Times New Roman size 12
font and double space
Cover/title page, body of text and
reference page
Gradebook




Always check your grade book
Click on each individual grade so you can
read my comments
You can always redo and resubmit any
work for a better grade – BUT only within
ONE week
For example, you receive a low grade on
your Unit 2 paper – you have until the end
of Unit 3 to resubmit it if you want to
Late Work
 Late
work will only be
accepted one week late – for
up to full credit
 After one week – no credit will
be given
Unit 5 Recap!!
 Graded
items:
 Midterm
PowerPoint
 Complete the StrengthsQuest
Assessment
What do I have to do to
complete this unit?
 Read
Chapters 9
 Discussion Board – discuss SQ
results
 Attend the Seminar
 Complete the Quiz
StrengthsQuest (SQ) Results
 Lets
talk about your SQ results
 Everyone
strengths
please list some of your
StrengthsQuest (SQ) Results
 How
can you use those strengths
for your schooling and/or career?
StrengthsQuest (SQ) Results
 Everyone
please give some
examples of how a courtroom
participant could use 1 or more of
your strengths in their job……..
Unit 6
The Courts: Structure and
Participants
We examine the role of the judge in court proceedings and
the responsibilities and jurisdiction of state, federal and
appellate courts. The prosecutor and defense attorney
serve different, but equally important functions in the
administration of justice.
Unit 6

The development of the American court system

The differences between the state and federal court
systems

About indigent defense, and how it is applied in the
United States

The roles of expert and lay witnesses in a criminal trial,
and describe how their testimony might differ

How professional and nonprofessional courtroom
participants work together to bring most criminal trials to
a successful close
Unit 6

Court System

Explain the concept of the dual-court
system in America
America’s Dual Court System


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The United States has courts on both the
federal and state levels.
This dual system reflects the state’s need to
retain judicial autonomy separate from the
federal government.
Most criminal cases originate within state
courts.
America’s Dual Court System

Identify some of the differences between
the state and federal court systems

Everybody give it a shot!!
The State Court System
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Many differences among state courts
Most use the three-tiered structure
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Trial courts of limited jurisdiction
Trial courts of general jurisdiction
Appellate courts
Court reform movement seeks to simplify
and unify court structures
Most criminal cases originate within state
courts
Typical State Court System
The State Court System

Where criminal cases “begin.”
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Bail hearings
Arraignments
Enters pleas
Conducts trials
Sentences
Two types of trial courts:
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Courts of limited, or special, jurisdiction (lower courts)
Courts of general jurisdiction
The State Court System

State Trial Courts: Courts of Limited
Jurisdiction

Authorized to hear:
Misdemeanors
 Family disputes
 Traffic violations
 Small claims

The State Court System

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State Trial Courts: Courts of Limited
Jurisdiction
Lower courts:
Rarely hold jury trials
Do not maintain detailed records of proceedings
(just charge, plea, finding, and sentence)
Less formal than higher courts
The State Court System

State Trial Courts: Courts of General
Jurisdiction
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Formal courts that make full use of juries,
witnesses, prosecutors, defense attorneys, and
other actors.
Authorized to hear:

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Also called: high courts, circuit courts, or superior
courts.
Any criminal case
Lower court appeals
Trial de novo (New trial)
The State Court System
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State Appellate Courts
39 states have intermediate and high-level
appellate courts (courts of last resorts)
All states have supreme courts
The State Court System
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Appeals
Appeals are requests by a defendant to a
higher court asking it to review the actions
of a lower court
Some cases (involving death penalty or
life sentences) are automatically appealed
The State Court System
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Appeals – the Results
Most convictions are confirmed
Some decisions are reversed and cases
remanded
Recourse may be to a state supreme
court
Generally, state supreme court is the
court of last resort
The Federal Court System

Established by the U.S. Constitution

Article III, Section 1

“One Supreme Court, and such inferior
courts as the Congress may from time to
time ordain and establish.”
The Federal Court System



Article III, Section 2
Federal courts are to have jurisdiction over
cases arising under the Constitution,
federal law, and treaties.
Federal courts are to settle disputes
between states and to have jurisdiction in
cases where one of the parties is a state.
The Federal Court System

What at the three Levels of federal courts?
The Federal Court System
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What at the three Levels of federal courts?
U.S. Supreme Court
U.S. Courts of Appeals
U.S. District Courts
The Federal Court System
U.S. District Court

There are 94 judicial districts
 At least 1 district court per state
 District courts in Puerto Rico, the
District of Columbia, and other U.S.
Territories
U.S. District Court

The trial courts of the federal system

Original jurisdiction over all cases
involving alleged violations of federal
statutes
U.S. District Court

There are 650 district court judges.
Appointed by the President and confirmed by
the Senate
 Serve for life

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District court judges are assisted by
magistrate judges, who:
Conduct arraignments
 Set bail
 Issue warrants
 Try minor offenders

U.S. Supreme Court
 How
many justices serve on the
U.S. Supreme Court??
 How
does one become a U.S.
Supreme Court Justice?
U.S. Supreme Court

The U.S. Supreme Court consists of
nine justices:
 Eight
Associate Justices
 One Chief Justice

Justices are nominated by the President,
confirmed by the Senate, and serve for
life.
U.S. Supreme Court: Appeals

Of 5,000 annual requests for review, only
about 200 are heard

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Four justices must vote in favor of a hearing for a
case to be heard
Usually the Court only reviews cases that
involve a substantial federal question
The Court issues a writ of certiorari (order by a
higher court) to a lower court
The Court reviews transcripts and hears brief
oral arguments
U.S. Supreme Court: Appeals

Opinions of the Court
Supreme Court decisions are rarely
unanimous

Types of opinions:
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Majority—Justices agree in outcome and
reasoning. This is the opinion of the court.
Concurring—Agree with outcome, but for
different reasons
Dissenting—Disagree with outcome
Courtroom Work Group

Identify and explain the roles of the
professional members of the courtroom
work group?

Nonprofessional courtroom participants?
Courtroom Work Group
Professional
 Judge
 Prosecuting attorney
 Defense attorney
 Bailiff
 Court reporter
 Clerk of the court
 Expert witnesses
Non-Professional
 Lay witnesses
 Jurors
 Defendant
 Victim
 Spectators
 Press
Courtroom Work Group

The Judge

Primary duty  to ensure justice
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Responsibilities include:
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Ruling on most matters of the law
Weighing objections
Deciding the admissibility of evidence
Sentencing offenders
Disciplining disorderly courtroom attendees
Deciding guilt or innocence (for bench trials)
Courtroom Work Group

The Prosecutor
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Present the state’s case against the defendant
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State has the burden of proof
Supervise staff of assistant district attorneys
Serve as quasi-legal advisor to police
Files appeals on behalf of the state
Makes presentations to parole boards
Courtroom Work Group

Explain the roles of expert and lay
witnesses in a criminal trial, and describe
how their testimony might differ
Courtroom Work Group

Expert Witness


a person who has special knowledge and skills
in an established profession or technical area.
This person is usually a paid professional
unlike lay witnesses, they may express
opinions and draw conclusions in their
testimony
Courtroom Work Group

Lay Witness
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May be:
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Non-expert witness
Eye witness
Character witness
Victim
Are subpoenaed to appear
Testify to that which they have direct
knowledge of
Courtroom Work Group

How do professional and nonprofessional
courtroom participants work together to
bring most criminal trials to a successful
close?
Unit 6 Requirements

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Read Chapter 9
Attend the Weekly Seminar
Respond to the Discussion Board – 100
word answer and respond to at least one
other student
Take the Quiz
Complete everything by Tuesday at
1159pm EST
Good Night

That is all I have for tonight!! Have a
great upcoming week!! 
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