Courts and the Judiciary

Chapter 9

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

Abstract Goals of the Courts

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

Realities of the Criminal Court System

Setting for an adversarial process

Defendant against the state

Fair and formalized process

Criminal procedure and rules of evidence

Encourages settlement in the quickest and simplest way

Prosecution, defense and judge form a work group

Two Models of the 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

Criminal Court Structure: The Lower State Courts

Overcrowded dockets

Assembly-line justice

Too many inducements to plead guilty

Too few jury trials

Speedy trials are unattainable

Criticisms of the Courts

Creation of specialty courts that focus on one type of criminal act is

growing in America.

Rationale for specialty courts includes:

To create expertise among the court staff regarding a recurring

issue

To create an environment where prompt resolution of an issue

will be achieved

Two types of specialty courts are:

Drug Courts

Mental Health Courts

Specialized Courts

Controlled by state law

Conducts preliminary activities and trials for felonies

Conducts appeals from lower court (trial de novo)

Felony Courts (Courts of General Jurisdiction)

Rights of appeal determined by law

Appeal is not a new trial

Review of previous trial for procedural errors

May be two levels of appeals courts

Order a new trial

Allow defendant to go free

Uphold (sustain) original verdict

Appellate Courts

Highest state court

Usually called the “State Supreme Court”

Reviews issues of law and fact appealed from the trial courts

State Court of Last Resort

Laws of the United States

Treaties

Admiralty and maritime law

Controversies between two states

Controversies between citizens of different states

Legal Jurisdiction of the U.S. Courts

There are 94 District Courts

Each state has at least one District Court

Known as the federal trial court

Jurisdiction is broadly defined

Federal District Courts

There are 12 Courts of Appeal

Usually located in major cities

Appellate jurisdiction only

Federal Appellate Courts (formerly U.S. Circuit Courts)

The court of last resort

Nine members with lifetime appointments

Has discretion to hear appeals (Rule of Four)

Generally hear about 300 of 5,000 requested appeals annually

Writ of Certiorari used to hear cases

Rulings become precedents for lower courts

U.S. Supreme Court

Excessive number of continuances

Pretrial motions

Mandatory sentencing

Increases in civil litigation

Court Caseloads: Causes of Congestion

Better court management

Mandate speedy trials

Unify state court structures

Solutions for Congestion

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

Duties of the Judiciary

Individualism

Judicial independence

Conflicting goals

Court Management Problems

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 Qualifications

Nominated by the President

Confirmed by the U.S. Senate

Lifetime appointments (“a period of good behavior”)

Judicial Selection (Federal Courts)

The need for efficient management is growing in order to:

Improve organizing and scheduling cases

Develop methods for allocating court resources efficiently

Better administer the system of fines and monies due the court

Prepare fiscally sound budgets

Oversee court personnel

Court Administration

Communication

Video conferencing

Evidence presentation

Case management

Developing Areas of Court Technology