CJ 207 4-2 Project One Template PDF

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CJ 207 Project One Template The Court System Relationship Among the Three Courts

The court system in the United States has three main levels: district courts (the trial courts), circuit courts, which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system. There are 94 district courts, 13 circuit courts, and one Supreme Court throughout the country. District courts handle trials within the federal court system – both civil and criminal. Once the district court has made a final decision, any case may be appealed to the circuit court. Either party may decide to appeal to the Supreme Court, after the circuit court or state supreme court has ruled on a case. However, at times, the Supreme Court is not required to hear the appeal, unlike circuit court appeals. To ask for an appeal to be heard by the Supreme Court, parties may file a “writ of certiorari.” If the writ is granted, the Supreme Court will take briefs and conduct oral argument. If the writ is not granted, the lower court’s opinion stands.

Checks and Balances

The checks and balances system provides each branch of the government (Legislative, Executive, and Judicial) with individual powers to check the other branches and prevent any one branch from holding too much power or too much authority over any other branch, creating a separation of powers. This system also provides the branches with power to appoint or remove members from the other branches.

Relationship of the Supremacy Clause and Federal Superiority Rule to the Courts The Supremacy Clause establishes that the federal constitution, and federal law generally, take precedence over state laws and even state constitutions. It prohibits states from interfering with the federal government’s exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government. It does not however, allow the federal government to review or veto state laws before they take effect.

Functions and Responsibilities of Various Members

Members Judge

Prosecutor

Defense Counsel

Allied Professionals

Functions Direct and control the trial according to recognized rules and procedures and ensure that justice is not only done but is manifestly seen to be done. Judges must act scrupulously as impartial adjudicators. They must keep open minds and they must refrain from doing anything that could create the impression that they are biased or partisan in their approach. Oversee the adjudication of criminal matters. Represent the government’s interest in court.

Administrators of justice. They defend individuals who have been accused of committing a crime. Advocating for clients making sure that their constitutional rights get legally administered. In order to help clients better understand their options, defense counsel interprets the legal laws. A lot of their time is spent negotiating plea deals type of punishment and settlements. Any other courtroom actor not used as an example is an allied professional. Such as the bailiff, court clerk, interpreters, and court reporter.

Responsibilities Preside over the proceedings to make sure order is being maintained. Review and issue search/arrest warrants. Make pretrial release determination. Conduct arraignment and appoint counsel. Impose sentence. Schedule hearings and trial, hold pretrial hearings, accept plea agreement. Judges must decide all criminal cases on a fair, objective, and impartial basis. Found in both state and federal courts. Prosecutors decide who will get charged and what the charge will be. Also, who will get offered a plea bargain and what kind of bargain will be offered. Prosecutors also present to the judge and jury evidence proving the defendant’s guilt beyond reasonable doubt and argues for conviction. Prosecutors may also make recommendations on bail as well as the type of sentence an offender should receive. Prosecutors appear before appellate courts arguing for convictions to not be overturned when defendants appeal their convictions. Investigate cases. Interview witnesses. Negotiate with prosecution. Build defense strategies for clients. They also draft, file, plus argue motions to either have them dismissed or suppressed.

To keep the courtroom efficiently flowing and justice maintained, all court actors work together. The bailiff keeps order in the courtroom, searches all who enter the court as well as check them in. Interpreters take care of any

Members

Functions

Responsibilities language barriers. Court reporters, record the court proceedings, word for word.

Roles of Various Courts Local Appeals Courts

State Appeals Courts

Federal Appeals Courts

A court of general appellate jurisdiction. All decisions made in trial court get reviewed by these judges. This court is overseen by only one court system due to being based off local discrepancies.

This court mainly deals with legal businesses. Overseeing traffic violations, divorce, estate disbursements, wills, and buying/selling property. State appeals court divides into three separate levels: the trial court, intermediate appellate court, and one supreme court.

These courts are based off jurisdiction. There are 13 federal appeal courts, each one of these courts hears a case from various courts out of 94 districts. Because of jurisdiction, the federal courts never hear or try cases from state courts. There are three main districts that fall under federal courts: Pennsylvania, Delaware, and New Jersey.

Special Courts or Problem-Solving Courts Both these courts are similar and focus on the same things: find solutions for problems in the system dealing with drugs, domestic violence, reentry into the states, and treatment courts for veterans. Special Courts are often seen as a second chance, because of the alternative route.

Jurisdictions Military Courts

Native American Courts

Resources: 

Hemmens, C. T., Brody, D. C., & Spohn, C. (2019). Criminal Courts: A Contemporary Perspective (4th ed.). SAGE Publications, Inc.

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History.com Editors. (2020, December 4). Checks and Balances. HISTORY. https://www.history.com/topics/us-government/checks-and-balances

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Introduction To The Federal Court System. (2021, March 12). USAO | Department of Justice. https://www.justice.gov/usao/justice-101/federal-courts#:%7E:text=The %20federal%20court%20system%20has,appeal%20in%20the%20federal %20system.&text=The%20plaintiff%20has%20the%20initial,in%20state%20or %20federal%20court.

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Jurkowski, S. (2017, June). Supremacy Clause. LII / Legal Information Institute. https://www.law.cornell.edu/wex/supremacy_clause

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Standards for the Defense Function. (n.d.). ABA. Retrieved June 7, 2021, from https://www.americanbar.org/groups/criminal_justice/standards/DefenseFunctionFourthE dition/...