Courts and the Quest for
Justice
Chapter 8
Introduction to Criminal Justice 2003:
A Microsoft® PowerPoint® Tool
Slides prepared by:
Larry Bassi
SUNY Brockport
© 2002 Wadsworth Publishing Co.
Abstract Goals of the Courts
• Provide for an open and impartial forum
for seeking the truth
• Provide for a fair and equitable hearing
using regulated rules
• Insure that the process takes place in an
atmosphere of legal competence and
objectivity
• Provide a clear legal outcome
Models of the Courts
Due Process
Crime Control
• Setting for an adversarial
process
• Defendant against the state
• Fair & formalized process
• Criminal procedure and
rules of evidence
• Encourages
settlement in the
quickest and
simplest way
• Emphasizes
punishment and
retribution
Models of the Courts
Rehabilitative Function Bureaucratic Function
• Setting for an adversarial
process
• Defendant against the state
• Fair & formalized process
• Criminal procedure and
rules of evidence
• Encourages
settlement in the
quickest and
simplest way
• Emphasizes
punishment and
retribution
Realities of the Criminal Court
System
• The courts are often a scene where an
atmosphere exists to “work things out”
among the participants.
• The use of plea negotiations and other
nonjudicial alternatives to “work things
out” is more common than a formal trial
process.
Jurisdiction and the Courts
• Geography
• Something other than
geography determines
jurisdiction
• Subject Matter
• A change of “venue”
moves a case into
another geographic
region.
– Civil v Criminal
– Trial v Appellate
– Adult v Juvenile
Something other than
geography determines
jurisdiction
Appellate Courts
• Rights of appeal
determined by law
• Appeal is not a new
trial
• Review of previous
trial for procedural
errors
• May be 2 levels of
appeals courts
Appellate Court
Decisions
• Order a new trial
• Allow defendant
to go free
• Uphold (sustain)
original verdict
The Dual Court System
State Court Systems
Federal Court System
State courts try cases
that are against the laws
of that particular state.
Considerable variation exists
in state system, but much
similarity can also be found.
Federal courts try cases
that are against the laws
of the United States.
The Dual Court System
A
Typical
State
Court
System
The Lower State Courts
• Most organized at town, municipal or
county level
• Referred to as the lower courts or
misdemeanor courts
• Dispose of minor cases; may do
preliminary activities for some felonies
• Sentencing options restricted
Felony Courts
(Courts of General Jurisdiction)
• Controlled by state law
• Conducts preliminary activities and
trials for felonies
• Conducts appeals from lower court
(trial de novo)
State Court of Last Resort
• Highest state court
• Usually called the “State Supreme
Court”
• Reviews issues of law and fact appealed
from the trial courts.
Federal Court Structure
U.S.
Supreme
Court
U.S.
Court of
Appeals
U.S.
District
Courts
Federal Court Structure
• Each state has at least one Federal
District
• 94 Districts throughout the U.S.
• Primary trial court of the U.S. system
U.S.
District
Courts
Federal Court Structure
• Also called the Circuit Courts because
the jurisdiction covers a large geographical
area
• Usually located in major cities
U.S.
Court of
Appeals
• Reviews cases from lower court
• Cases involve constitutional issues
Geographical Boundaries of the
Federal Circuit Courts of Appeals
Federal Court Structure
U.S.
Supreme
Court
• Highest court in the land; court of last
resort
• Decisions become precedents (landmark
decisions)
• May choose to hear/not hear most cases
• Uses writ of certiorari to get case records
Federal Court Structure
U.S.
Supreme
Court
• 9 Justices (1 Chief Justice, 8 Associate
Justices)
• Full Court hears about 100 cases per year
• 4 Justices must vote to hear a case
• Majority, minorities & dissenting opinions
The Decline in Number of Cases
Heard by the Supreme Court
200
Cases
Heard
150
100
501976
1979
1982
1985
1988
Term
1991
1996
1997
1999
Duties of the Judiciary
• Oversees conduct in the court
• Settles questions of evidence and
procedure
• Guides questioning of witnesses
• Instructs the jury about law
• Decides case when a jury is not used
(bench trial)
• Decides on sentence
The Role
of the
Judge in
the Criminal
Trial Process
Judicial Qualifications
• Qualifications vary by state
• Typical qualifications include:
–
–
–
–
–
resident of the state
licensed to practice law
member of the state bar association
25 years old or older
less than 70 years old
Judicial Selection Systems
Systems vary
by state
•
•
•
•
Appointment
Partisan election
Nonpartisan election
Missouri Plan
(a.k.a. The Merit Plan)
A combination of:
– Appointment and
– Election
Methods
of
Judicial
Selection
In the
Fifty
States
Judicial Misconduct
Judicial misconduct is a
general term describing
behavior that diminishes
public confidence in the
judiciary. This behavior
includes obviously illegal
acts, such as briber, and
conduct that gives the
appearance of impropriety,
such as consorting with
known felons.
The Courtroom Work Group and
Incentives to Cooperate
Criminal Caseloads in U.S.
District Court
60,000
50,000
40,000
Cases
30,000
20,000
10,000
0
1993
1994
Total Cases
1995
1996
1997
Drug Cases
1998
1999
Other Cases
Criticisms of the Courts
•
•
•
•
•
Overcrowded dockets
Assembly-line justice
Too many inducements to plead guilty
Too few jury trials
Speedy trials are unattainable
Court Caseloads
80
70
60
50
40
30
20
10
0
CRIMINAL
CASES ARE
INCREASING
AT LEAST FOUR
TIMES FASTER
THAN THE
NATIONAL
POPULATION
Congestion
Causes
• Excessive number of
continuances
• Pretrial motions
• Mandatory
sentencing
• Increases in civil
litigation
Solutions
• Better court
management
• Mandate speedy
trials
• Unify state court
structures
Solutions for Congestion
• Better court
management
• Mandate speedy trials
• Unify state court
structures