www.cengage.com/cj/cole

George F. ColeChristopher E. Smith

Dennis Souther • Stanly Community College, Albemarle, NC

Chapter 7:Courts and Adjudication

THE COURT SYSTEM

INTRODUCTION TO CRIMINAL JUSTICE

What is the New York State Court System?

The New York State Unified Court System

The mission of theUnified Court Systemis to promote the rule of law and to serve the public by providing just and timely resolution of all matters before the courts.

NY State Criminal Court Structure

Massachusetts State Court System

• Massachusetts has a three-tiered court system: • the Supreme Judicial Court, • the Appeals Court, • and the Trial Court.

DUTIES OF THE SJC IN MA

• The Supreme Judicial Court is the highest court of the Commonwealth. It has general powers of superintendence over all other courts. It sits primarily as an appellate court, and hears all appeals in first degree murder cases and appeals which have been transferred to it from the Appeals Court.

MASSACHSUETTS SJC

• It is also a court of original jurisdiction in certain cases. It also oversees the Massachusetts bar, through the Board of Bar Examiners, the Board of Bar Overseers, the Office of Bar Counsel, and the Clients' Security Board.

MASSACHUSETTS APPEALS COURT

• The Appeals Court has jurisdiction over most cases which are appealed from the various Departments of the Trial Court. It also considers appeals from a few State agencies. It is headquartered in Boston and serves all of Massachusetts.

MASSACHUSETTS TRIAL COURTS

• The Trial Court includes seven Court Departments (Boston Municipal Court, District Court, Housing Court, Juvenile Court, Land Court, Probate & Family Court, and Superior Court),

• the Office of the Commissioner of Probation, and the Office of the Jury Commissioner. The Administrative Office of the Trial Court includes ten administrative departments which provide services to the entire Trial Court.

Learning Objectives

• 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

The Functions and Structure of American Courts

• 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

Adversary Process

• 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 adversary process

Inquisitorial Process

• 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

Jurisdiction

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

• Example: Native Americans have tribal courts, whose authority is endorsed by congressional statutes and Supreme Court decisions, with jurisdiction over their own people on tribal land

NY State’s Town and Village Courts

New York State’s Town and Village Courts (collectively known as the Justice Courts). Many New Yorkers will have their first and only court experience in one of the almost 1300 locally-funded Justice Courts located throughout New York State (except for New York City).

These courts have jurisdiction over a broad range of matters, including vehicle and traffic matters, small claims, evictions, civil matters and criminal offenses

Functions of Courts

• Enforcing the norms of society

• Processing disputes within society

• Making policy

Structure of Courts

• 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

Which Courts Handle Criminal Legal Problems?

TRAFFIC TICKETS

• Q. I got a traffic ticket. Where do I go?A. The name and address of the court is listed on the ticket with the date and time that the case will be heard in court.

• Q. What will happen if I do nothing about the ticket?A. A warrant can be issued for your arrest and your license can be suspended.

Traffic Tickets

• Q. What happens if I plead guilty?A. A fine and mandatory surcharge can happen. Also, if the charge is a moving violation like speeding, red light, or stop sign, points will attach to the driver's license that can make the driver's auto insurance rates higher. Certain traffic infractions can result in a jail sentence of up to 15 days.

• Q. What happens if I plead not guilty?A. Your case will be scheduled for trial. You can decide to change your plea later. You can try to work out an arranged sentence with the prosecutor, and find out if the court will agree to the arrangement.

Traffic Tickets

• Q. What is a supporting deposition?A. A supporting deposition is a document that has information about why the ticket was given, the time and location of the stop, and other information about what happened. If you want to see that document, you can check the box on the ticket for this.

• Q. Why can't the court accept my insurance card as proof of insurance of my vehicle?A. You can still have an insurance card after your insurance has been canceled. That is why an original letter from the insurance company or agent is required.

Traffic Tickets

• Q. Do I need a license to attend driver's improvement school?A. Yes.

• Q. My license was suspended. How do I get it back?A. After getting written permission from the judge who made the decision, an application can be made to the Department of Motor Vehicles (DMV). Final approval is with the DMV.

• Q. I was charged with DWI and my license was taken away. My case was then dismissed but the DMV won't give me back my license. What do I do?A. The final determination about giving back the license is with DMV.

Federal Courts

• The federal system has no trial courts of limited jurisdiction

• 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

• American trial courts are highly decentralized• Local political influences and community values

affect the courts• Only a few small states have a court system

organized on a statewide basis, with a central administration and state funding.

• In most of the country, the criminal courts operate under the state penal code but are staffed, managed, and financed by county or city governments

Criminal Courts

Functions of the Judge

• 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

Judges have three major roles:

• Adjudicator• Negotiator• Administrator

Adjudicator

• 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

Negotiator

• 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.

Administrator

• 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

• Chief judges in large courts may also use their administrative powers to push other judges to cooperate in advancing the court’s goals

Six methods are used to select state trial court judges:

• Gubernatorial appointment• Legislative selection• Merit selection• Nonpartisan election• Partisan election• A mixture of methods

How are NY State Judges Selected?

• District Court judges are elected to six-year terms.

• City Court judges are either elected or appointed, depending upon the particular city. Full-time City Court judges serve 10-year terms, while part-time City Court judges serve six-year terms.

NY State Judges

• Town and village justices are elected to four-year terms. The majority are not attorneys; in order to serve as a town or village justice a non-attorney must successfully complete a certification course and participate in ongoing judicial education.

NY Court Judges

• County Court judges are elected to 10-year terms. In smaller counties, the County Court judge may also function as the Family Court judge or Surrogate or both.

• Family Court judges outside New York City are elected to 10-year terms, while those serving in New York City are appointed to 10-year terms by the Mayor of New York City.

NY Judges of Appelas

• The Court of Appeals consists of the Chief Judge and six Associate Judges appointed by the Governor, with the advice and consent of the state Senate, to 14-year terms. Five members of the court constitute a quorum, and the agreement of four members is required for a decision.

• The Court of Appeals, New York’s highest court, hears both civil and criminal cases on appeal from the state’s intermediate appellate courts, and in some instances from the state’s trial courts

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

Merit Selection of Judges

• 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

The Prosecutorial System

• 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

• 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

The Prosecutorial System

• 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

The Prosecutorial System

The Prosecutor’s Roles

• Trial counsel for the police

• House counsel for the police

• Representative of the court

• Elected official

Discretion of the Prosecutor

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

• The prosecutor can use discretion in deciding the number of charges and thus increase the prosecution’s supply of “bargaining chips”

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

ABC Video: Duke Sex Scandal

ABC Video: Duke Ethics

• Count - Each separate offense of which a person is accused in an indictment or an information

• Discovery  - A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial

• nolle prosequi  - An entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed.

Discretion of the Prosecutor

Key Relationships of the Prosecutor

• Police

• Victims and witnesses

• Judges and courts

• The community

Accusatory Process

The series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information) with the court

Defense Attorney

• 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

Counsel for Indigents

• 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

Ways of Providing Indigents with Counsel  

• 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.

Public Defenders

• 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.

Workgroup

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.

Chapter Summary

• 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