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Intro to Criminal Justice 11/09/2015 Chapter 7: Courts and the Quest for Justice In Theory: Courtroom Ideals (v. Reality) -

Justice is an elusive ideal – yet central to how society deals with law violators EVERYONE has right to day in court (level playing field for all) Courts have extensive powers in our criminal justice system o A court’s legitimacy must be unquestioned by society – each can present case without outside factors involved (i.e. impartiality) o Courts represent power to the state/resources o This legitimacy is based on two factors: Impartiality and Independence

In Practice: The American Judicial System -

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The United States does not have a single judicial system, but fifty-two different systems each with own jurisdiction and set of rules (50 States, Washington D.C., Federal Government) Jurisdiction: In Latin, juris means “law” and diction means “to speak.” Jurisdiction literally refers to the power “to speak the law.” o Legal Jurisdiction – Authority to hear case o Geographical Jurisdiction – Area in which exercises legal authority Dual Court System – State and Federal Courts o State Courts  Trial Court  Appellate Court  Supreme Court o Federal Court  Federal District Court  Appellate Court  U.S. Supreme Court

Jurisdiction: By Subject Mater -

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General Jurisdiction (Superior/District) – No restrictions o Can handle any level (misdemeanor/felony/civil) o Called a Court of Record – Transcripts Limited Jurisdiction (Municipal/Lower) o Misdemeanors, minor and civil matters o Sometimes no written record o Majority of cases decided here o Matters decided by judge, not jury o Specialized Courts (Traffic, Drug, DV, Small Claims)

Jurisdiction

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Authority o Legal: Authority to Hear Case o Geographical: Political/geographical boundary Types of Cases Heard o General: Any level of civil or criminal; District Court/Court of Record o Limited: Limited authority (Justice Court/Lower Courts)

Other Jurisdiction Types -

In addition to Legal and Geographical o Federal/State: Concurrent o State v. State: Commit crime in One; other claims jurisdiction due to legislation/type of crime (theft in One, possession in Another) o International: Individuals not U.S. citizens commit crime against U.S. citizen/America – Extradition

State Court Systems -

Court system includes several levels of courts. State courts may include but structures/names vary: o Lower Courts – Courts of Limited Jurisdiction o Trial Courts – General Jurisdiction o Appellate Courts o State’s Highest Court – Supreme Court

The Basics: Trial and Appellate Courts -

Trial Courts o Courts of Original Jurisdiction  Are of General and Limited Jurisdiction  Most cases usually begin here  Questions of fact are examined here  Jury or Bench trials  Pleas accepted  Sentencing o Trial Courts of General Jurisdiction  State trial courts with general jurisdiction may be called  County courts  District courts  Superior courts  Circuit courts

State Court of Appeals -

Every state has at least one o Utah – (1) with Seven judges serving six-year terms May be intermediate or the Supreme Court of the State

State Supreme Court -

Has final say so on all questions of State law May appeal to Supreme Court on questions of federal law/Constitution U.S. Supreme Court can overturn State Supreme Court

Appellate Courts -

Review (only) decisions made by lower courts o o o o o

Based on written record No juries Do not hear witnesses Multiple jurists Address only questions of Law

o o o o

Affirm or Reserve lower court Most often issues of evidence Jury instructions Issue written Opinions – basis for precedent

o o o

Read Appellate Court opinions Statistics Job Opportunities…and more!

www.utcourts.gov -

Questions and Answers o o o

Jury duty Help in preparing court documents Review court calendars

The Federal Court System -

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Basically a three-tiered model o U.S. District Courts – Trial courts of general jurisdiction and various courts of limited jurisdiction o U.S. Courts of Appeals – Intermediate courts of appeals o The United States Supreme Court Selection of Federal Judges o Appointed by the President of the United States, subject to the approval of the Senate o All federal judges receive lifetime appointments

U.S. District Courts -

U.S. District Courts – The lowest tier of the federal court system o These are the federal trial courts. o Cases involving federal law begin o Judge and jury o Every state has at least one plus D.C. o Number of districts varies per population and case load o Presently – 94 judicial districts

U.S. Court of Appeals

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In the federal court system, there are thirteen (13) U.S. Courts of Appeals – also referred to as U.S. Circuit Courts of Appeals

The U.S. Supreme Court -

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Final interpreter of the Constitution o What did the Framers mean? o What did the legislators mean? Determines the meaning of certain statutory provisions when applied to specific situations Justices – One Chief Justice and Eight (8) Associate Justices The Court has original, or trial, jurisdiction only in rare instances Nominated by President and confirmed by Senate o Far reaching impact o Partially on certain issues? o Why/How? o “Judicial legislation…”

Selected Cases to Know for Class -

Gideon v. Wainwright (1963) – Right to representation of counsel at all court proceedings Miranda v. Arizona (1965) – Clarified 5th Amendment right to counsel Furman v. Georgia (1972) – Overturned death penalty as applied Gregg v. Georgia (1976) – Reaffirmed death penalty with amended procedures and safeguards Coker v. Georgia (1977) – Excluded capital punishment for rape as disproportional

Which Cases Reach the Supreme Court? -

There is no absolute right to appeal to the United States Supreme Court WRIT OF CERTIORARI – Court orders lower to send it the record of a case for review o Party may petition for such writ and Supreme Court will react within discretion – +90% are denied o Four Justices must approve to issue Writ o Denial lets lower court decision stand – Rule of Four o Normally respond to issues that raise “substantial federal question”

Supreme Court Decisions -

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Normally does not hear any evidence The attorneys present oral arguments o Oral arguments: The verbal arguments presented in person by attorneys to an appellate court. o Each attorney presents reasons why the court should rule in his or her client’s favor o Justices then conference in private When the Court has reached a decision, the Chief Justice, if in the majority, assigns the task of writing the Court’s Opinion to one of the justices

Opinion

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The Opinion outlines o The reasons for the Court’s decision o The rules of law that apply o The decision Majority Opinion: The winning vote – 5+. When the Chief Justice is not in the majority, the most senior justice voting with the majority assigns the writing of the Concurring Opinion. Often one or more justices who agree with the Court’s decision may do so for different reasons than those outlined in the majority opinion. They write a Dissenting Opinion. Dissenting (Minority) Opinion o Frequently, one or more justices disagree with the Court’s conclusion o Write outlining the reasons that they feel the majority erred o Separate opinions in which judges disagree with the conclusion reached by the majority of the court and expand on their own views about the case

Local Courts: The Backbone of Justice -

Supreme Court justices are the most visible and best-known American jurists, but in many ways they are unrepresentative of the profession as a whole. Most judges, in fact, work at the lowest level of the system, in criminal trial courts, where they are burdened with overflowing caseloads and must deal daily with the detritus of society In common – expectation to be just

The Courtroom Work Group -

The social organization consisting of the o o o

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Judge Prosecutor Defense Attorney

o o o

Bailiff of the Court Clerk of the Court Court Reporters

The relationships among those persons have a far-reaching impact on the day-to-day operations of any court. The judge is the dominant figure in the courtroom and therefore exerts the most influence over the values and norms of the work group o Tight ship v. laissez-faire o Referee and ‘above it all’ – patriarch/matriarch o “Judicial Independence” o Attorney’s adjust tactics per reputation/knowledge

Roles and Responsibilities of the Judge -

Pre-Arrest Initial Appearance Arraignment Preliminary Hearing

The Administrative Role

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Plea Bargain Pre-trial motions TRIAL Sentencing

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Judges are also administrators – responsible for the day-to-day functions of their courts A primary administrative task of a judge is scheduling o Docket: The list of cases entered on a court’s calendar and this scheduled to be heard by the court

Selection of Judges -

Federal Court System: All judges are appointed by the President and confirmed by the Senate State Procedures Vary o Judges are appointed by the governor and confirmed by the upper chamber of the state legislature o Partisan elections o Non-partisan elections o Appointment and voter confirmation after _____ years

Judicial Ethics -

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The Code of Judicial Conduct is to prevent conduct that would “tend to reduce public confidence in the integrity and impartially of the judiciary” o http://jcc.utah.gov/code Judicial Misconduct o A general term describing behavior that diminishes public confidence in the judiciary o This behavior includes obviously illegal acts, such as bribery, and conduct that gives the appearance of impropriety (such as consorting with known felons)

How Are Judges Removed? -

By Voters Judicial Commissions

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State Supreme Court Federal: By U.S. Senate

The Courtroom Work Group -

The Prosecution o Criminal cases are tried by public prosecutors who are employed by the government o The public prosecutor in federal criminal cases is called a U.S. attorney or AUSA o In cases tried in state or local courts, the public prosecutor may be referred to as a

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Prosecuting Attorney State Prosecutor District Attorney

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County Attorney City Attorney

During the pretrial process, however, prosecutors hold a great deal of discretion in deciding the following: o Whether an individual who has been arrested by the police will be charged with a crime o The level of the charges to be brought against the suspect o If and when to stop the prosecution The Prosecutor as Elected Official: As an elected official, she or he must answer to the voters.

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The Prosecutor as Crime Fighter: Prosecutors are generally seen as law enforcement agents o Support v. non-support of law enforcement o Public Perception o Canons of Ethics  Duke Univerisity

The Courtroom Work Group -

The Defense Attorney o The lawyer representing the defendant o Responsibilities:  Primary Responsibility – represent the defendant at the various stages of the custodial process, such as arrest, interrogation, lineup, and arraignment o Must represent to best of ability notwithstanding person opinion of defendant o The Public Defender: Court-appointed attorney paid by the state to represent defendants who are unable to hire private counsel  Overworked and underpaid o The Attorney-Client Relationship: A rule of evidence requiring that communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure. o Private Attorneys as Defense Attorneys  Compensation  Pro bono o Defense Attorneys May…  Conduct own investigations using private investigators  Conduct independent forensic testing of evidence  Communicate and negotiate with prosecutors during pre, on-going, and posttrial proceedings  Make decision to appeal  Judicial error  Prosecutorial misconduct  Facts/law

The Bailif -

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Carry out orders of the Judge o Ensure safety of all o Responsible for Jury when deliberate  Call court session to order Maintain discipline of others o Care, custody and control of Jury

The Clerk -

Process paperwork

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Assign exhibit and evidence numbers

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Maintain court evidence log Maintain evidence

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The Court Reporter -

Take Daily Reporting Transcribe and file transcripts of testimony and court In timely and orderly manner

Maintain docket for Court...