Courts and Adjudication

Chapter 7

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Recognize the structure of the American court system

Analyze the qualities that we desire in a judge

Identify the ways that American judges are selected

Understand the roles of the prosecuting attorney

Analyze the process by which criminal charges are filed and what role the prosecutor’s discretion plays in that process

Identify those with whom the prosecutor interacts in decision making

Understand the day-to-day reality of criminal defense work in the United States

Know how counsel is provided for defendants who cannot afford a private attorney

Chapter objectives

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The United States has a dual court system

Separate federal and state court systems handle matters throughout the nation

Other countries have a single national court system

American rules and traditions permit states to create their own court systems to handle most legal matters, including most crimes

Functions and Structure of American Courts

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Court process employed in the United States in which lawyers for each side represent their clients’ best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants

In the United States, both state and federal courts use the adversarial process

Adversarial Process

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Court process employed in most countries of the world in which the judge takes an active role in investigating the case and examining evidence by, for example, questioning witnesses

Inquisitorial Process

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The geographic territory or legal boundaries within which control may be exercised; the range of a court’s authority.

Jurisdiction

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Enforcing the norms of society

Processing disputes within society

Making policy

Functions of Court

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Trial courts of limited jurisdiction - Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases

Trial courts of general jurisdiction - Criminal courts with jurisdiction over all offenses, including felonies. In some states these courts also hear appeals

Appellate courts - Courts that do not try criminal cases but hear appeals of decisions of lower courts

Courts of last resort - All states have courts of last resort , usually called state supreme courts

Structure of Courts

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Two types of state courts:

Trial Courts

Appellate Courts

California Courts - Structure

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Trial courts are also called “Superior Courts.”

There 58 Trial Courts – one in each county.

Superior Courts handle:◦ all criminal cases (felonies, misdemeanors, and

traffic tickets).

Trial Courts

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There are two types of Appellate Courts in California

◦ Courts of Appeal◦ California Supreme Court

There are 6 Courts of Appeal and one California Supreme Court

Appellate Courts

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The Courts of Appeal are California’s intermediate courts of review.

If you are not satisfied with a trial court decision, you can appeal a case in an Appellate Court.

Courts of Appeal

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The Supreme Court is the state’s highest court. It can review cases decided by the Courts of Appeal.

There are 7 Justices on the California Supreme Court.

Also, certain kinds of cases go directly to the Supreme Court.

◦ Death penalty appeals◦ Disciplinary cases involving judges or lawyers

California Supreme Court

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http://www.cbsnews.com/video/watch/?id=7387475n

Conrad Murray Verdict

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U.S. district courts are the federal trial courts of general jurisdiction

U.S. circuit courts of appeals are the intermediate appellate courts

U.S. Supreme Court is the court of last resort

Federal Courts

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Defendants see a judge whenever decisions about their future are being made:

when bail is set, pretrial motions are made, guilty pleas are accepted, a trial is conducted, a sentence is pronounced, and appeals are filed

Judges also perform administrative tasks outside of the courtroom

Functions of the Judge

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• Adjudicator

• Negotiator

• Administrator

Judges: Three major roles

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Judges must assume a neutral stance in overseeing the contest between the prosecution and the defense

They must apply the law in ways that uphold the rights of the accused in decisions about detention, plea, trial, and sentence

Judges receive a certain amount of discretion in performing these tasks—for example, in setting bail—but they must do so according to the law

They must avoid any conduct that could appear biased

Adjudicator

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Many decisions that determine the fates of defendants take place outside of public view, in the judge’s private chambers

These decisions come about through negotiations between prosecutors and defense attorneys about plea bargains, sentencing, and bail conditions

The judge may act as a referee, keeping both sides on track in accordance with the law

Sometimes the judge takes a more active part in the negotiations, suggesting terms for an agreement or even pressuring one side to accept an agreement.

Negotiator

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A seldom-recognized function of most judges is managing the courthouse

Judges are in charge of their own courtroom and staff

In rural areas the judges’ administrative tasks may expand to include managing labor relations, budgeting, and maintenance of the courthouse building

Judges deal with political actors such as county commissioners, legislators, and members of the state executive bureaucracy

Administrator

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Gubernatorial appointment

Legislative selection

Merit selection

Nonpartisan election

Partisan election

A mixture of methods

Selecting Judges

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Nonpartisan election - An election in which candidates’ party affiliations are not listed on the ballot.

Partisan election - An election in which candidates openly endorsed by political parties are presented to voters for selection

Election of Judges

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Should voters have a direct voice in the selection and removal of judges?

Question

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Can citizens vote for judges intelligently without having a party label on the ballot tell them about the candidate’s partisan affiliations?

Question

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A reform plan by which judges are nominated by a commission and appointed by the governor for a given period

When the term expires, the voters approve or disapprove the judge for a succeeding term

If the judge is disapproved, the committee nominates a successor for the governor’s appointment

Merit Selection of Judges

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A reform plan by which judges are nominated by a commission and appointed by the governor for a given period

◦ [In California, judges are appointed by the Governor and confirmed by the Commission.] (Hybrid – gubernatorial appt./merit selection)

When the term expires, the voters approve or disapprove the judge for a succeeding term

If the judge is disapproved, the committee nominates a successor for the governor’s appointment

Merit Selection of Judges

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California Constitution, Art. VI - governor to appoint judges to the Supreme Court or Courts of Appeal subject to confirmation by the Commission on Judicial Appointments.◦ Must stand for retention every 12 years.

It also provides for the governor to make interim appointments of judges to the Superior Courts when vacancies occur.

Superior Court judges are elected in nonpartisan elections◦ Must stand for retention every six (6) years

California Judicial Selection

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Does merit selection eliminate politics?

Question

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The commission has three members: ◦ the Chief Justice, ◦ the Attorney General, and ◦ the senior presiding justice of the Court of Appeal of the affected

appellate district.

If a Supreme Court appointee is being considered, the third member of the commission is the state's senior presiding justice of the Courts of Appeal.

Commission on Judicial Appointments

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The commission convenes after the Governor nominates or appoints a person to fill a vacancy on either the Supreme Court or a Court of Appeal. Holds public hearings. No appellate appointment is final until the commission has filed its approval with the Secretary of State.

The approved nominee’s name is placed on the ballot at the next general election.

Commission on Judicial Appointments, con’t.

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Agency of the State Bar: Members

◦ are volunteer attorneys and public members (non-lawyers).

◦ investigate the governor's candidates for judicial appointment while maintaining a code of strict confidentiality. (The JNE Commission cannot nominate or appoint judges.)

◦ serve terms of approximately one year (beginning February 1) and may serve up to three consecutive terms.

Judicial Nominees Evaluation (JNE)

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Three Supreme Court justices

35 Court of Appeal justices

399 Superior Court Judges

November 2nd (2010) Ballot

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Do retention elections make judges more independent?

Question

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Do retention elections make them more sensitive to public opinion?

Question

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What are the pros and cons of lifetime appointments for U.S. Supreme Court Justices?

3 minute paper

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Alexander Hamilton discussed the reasons for appointing judges for life in the Federalist Papers, No. 78

Champions of a limited constitution against legislative encroachments,

Protecting the minority against the majority

To do this, the judiciary needed to be independent.

Federalist No. 78

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Chief Justice Rose Bird

http://www.youtube.com/watch?v=Kd162US36to

California Experience

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Public opinion on integration in 1954

◦ Nationwide white approval of racial integration

Schools 1942 (30%) 1956 (48%)

◦ Source: Black Radicals and the Civil Rights Mainstream, 1954 – 1970, by Herbert H. Haines

Brown v. Board of Education

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Prosecuting  attorneys make discretionary decisions about whether to pursue criminal charges, which charges to make, and what sentence to recommend

They represent the government in pursuing criminal charges against the accused

Federal cases are prosecuted by United States attorneys

Each state has an elected state attorney general, who usually has the power to bring prosecutions in certain cases

Prosecutorial System

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Prosecuting attorney - A legal representative of the state with sole responsibility for bringing criminal charges. In some states this person is referred to as the district attorney, state’s attorney, or county attorney

United States attorneys - Officials responsible for the prosecution of crimes that violate the laws of the United States. Appointed by the president and assigned to a U.S. district court jurisdiction

State attorney general - Chief legal officer of a state, responsible for both civil and criminal matters

Prosecutorial System

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Prosecutors have great influence because they are concerned with all aspects of the criminal justice process

From arrest to final disposition of a case, prosecutors can make decisions that largely determine the defendant’s fate

Prosecutors’ links with the other actors in the system shape the prosecutors’ decisions

Prosecutors gain additional power from the fact that their decisions and actions take place away from public view

Prosecutorial System

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Trial counsel for the police

House counsel for the police

Representative of the court

Elected official

Prosecutor’s Roles

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Trial Counsel – reflect the views of law enforcement and project a crime fighter stance in public.

House Counsel – give legal advice to police so arrests can stand up in court.

Trial Counsel/House Counsel

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"In the criminal justice system, the people are represented by two separate yet equally important groups: the police who investigate crime and the district attorneys who prosecute the offenders. These are their stories."

          —Opening narration “Law and Order.”

Trial Counsel/House Counsel

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Means that prosecutor, a lawyer, is an officer of the court with special ethical responsibilities to ensure that the rights of all the people are respected, even defendants.

Representative of the Court

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The prosecutor, as an elected official, is accountable to the voters for his actions.

Elected official

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Trial counsel for the police

House counsel for the police

Representative of the court

Elected official

Do you see any potential conflicts in these roles?

Prosecutor’s Roles

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Because they have such broad discretion, prosecutors can shape their decisions to fit different interests

The prosecutor can use discretion in deciding what cases to prosecute as well as the the number of charges to file.

By filing as many charges as possible, the prosecutor strengthens his or her position in plea negotiations

Discretion of the Prosecutor

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Grammy winning Rapper T.I., recently released from federal prison on weapons charges, and his new wife, “Tiny” Tameka Cottles, were arrested last month on drug possession charges. T.I. and Tiny had in their possession, marijuana and ecstasy pills.

T.I., was on supervised release and probation after serving 10

months was ordered back to prison for 11 months for violating his probation (drug possession, failing drug tests, and being in the company of a convicted felon).

You are the prosecutor and have to decide whether to prosecute T.I. and Tiny on the drug possession charges.

What say you?

What say you?

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Police

Victims & Witnesses

Judges & Courts

Community

Key Relationships - Prosecutor

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The lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice

The defense attorney advises the defendant and protects his or her constitutional rights at each stage of the criminal justice process.

The defense attorney advises the defendant during questioning by the police, represents him or her at each arraignment and hearing, and serves as advocate for the defendant during the appeal process

Defense Attorney

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Indigent defendants are those who are too poor to afford their own lawyers

The Supreme Court has interpreted the “right to counsel” in the Sixth Amendment to the Constitution as requiring that the government provide attorneys for indigent defendants

The portion of defendants who are provided with counsel because they are indigent has increased greatly in the past three decades

Counsel for Indigents

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Assigned counsel An attorney in private practice assigned by a court to represent an indigent. The attorney’s fee is paid by the government with jurisdiction over the case.

Contract counsel An attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount.

Public defender An attorney employed on a full-time, salaried basis by a public or private non-profit organization to represent indigents.

Methods of providing counsel

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Government-salaried attorneys who handle criminal cases for defendants who are too poor to hire their own attorneys

These attorneys focus exclusively on criminal cases and usually develop significant expertise

They cannot always devote as much time as they want to each case, because they often have heavy caseloads.

Public Defenders

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Workgroup defined:

A collection of individuals who interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles that differentiates the group from others and that facilitates cooperation.

Adversaries/Partners?

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Recognize the structure of the American court system Analyze the qualities that we desire in a judge Identify the ways that American judges are selected Understand the roles of the prosecuting attorney Analyze the process by which criminal charges are filed and

what role the prosecutor’s discretion plays in that process Identify those with whom the prosecutor interacts in

decision making Understand the day-to-day reality of criminal defense work

in the United States Know how counsel is provided for defendants who cannot

afford a private attorney Understand the courtroom workgroup and how if functions

Chapter Summary

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