criminal justice ch 9-10 Flashcards
Definition of State Courts
Each state maintains its own state court organization and structure.
What are some common state courts include
Courts of limited jurisdiction, courts of general jurisdiction, and appellate courts
What is under the court of limited jurisdiction
Misdemeanor criminal infractions, Violations of municipal ordinances, Traffic violations, Civil suits where the damages involve less than a specific amount of money
Court of General Jurisdiction
State or federal court that has jurisdiction over felony offenses and Serious crimes that carry a penalty of incarceration in a state or federal prison for one year or more
What is a state supreme court and what is required to reach it
Each state has at least one court of last resort, usually called a state supreme court
State criminal appeals are heard in the appellate courts and these courts review decisions by trial courts and administrative agencies before they reach the supreme court stage
What are Specialized Courts and how are they different
They focus on one type of criminal act,
Outcomes are elevated above the process, Judicial monitoring is critical, Informed decision-making is necessary, Collaboration, Non-traditional roles, Systemic change
What are three levels of courts in the federal system:
U.S. District Courts, U.S. Courts of Appeal, and U.S. Supreme Court
What are the duties of the U.S. District Court
Trial courts of the federal system
Civil rights
Interstate transportation of stolen vehicles
Kidnappings
Citizenship
Rights of aliens
What are the duties of the Federal Appeals Courts/circuit courts
Review federal and state appellate court cases on substantive and procedural issues involving rights guaranteed by the Constitution
What are the duties of the Supreme Court
Nation’s highest appellate body
Appointed by the President
Approved by Congress
Only court established by the Constitution
Decides important political and social issues
Shapes the future meaning of the Constitution
What is the process of the supreme court seeing a case
Most cases that come before the Supreme Court involve significant federal questions, usually of a constitutional nature
When the Supreme Court decides to hear a case, it grants a writ of certiorari requesting a transcript of the proceedings of the case for review
For a writ to be granted, ordinarily 4 justices must agree to hear the case – this is known as the rule of 4
Written and oral arguments are then heard
In reaching a decision, the Supreme Court reevaluates and reinterprets state statutes, the U.S. Constitution, and previous case decisions
The Court either affirms or reverses the decision of the lower court
What is the appellate court
A court to which appeals are made on points of law resulting from the judgment of a lower court; the appellate court may be asked to evaluate the impact of new evidence but more typically decides whether the state or federal constitution was improperly interpreted during a case.
Pennsylvania Court System
Municipal Court – Bench Trials only
Court of Common Pleas – Bench and Jury Trials
Superior Court – no trials, no witnesses
PA Supreme Court - no trials, no witnesses; 7 Justices
What is an adversarial court system
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties’ case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly.
Definition of a judge
The senior officer in a court of law, is authorized to hear and decide cases
Duties of a judge
Rule on the appropriateness of conduct
Settle questions of evidence and procedure
Guide the questioning of witnesses
Instruct jurors
Decide cases
Sentencing
Qualifications need to become a judge
A resident of the state
Licensed to practice law
Member of the state bar association
At least 25 and less than 70 years of age
Some municipal or town court judges do not need law degrees
Duties of the Defense Attorney
Preparing the case for trial
Filing and arguing legal motions with the court
Representing the defendant at trial
Providing assistance at sentencing
Determining the appropriate basis for appeal
Investigating the incident
Interviewing the client, police, and witnesses
Discussing the matter with the prosecutor
Representing the defendant
Entering into plea negotiations
What is a public defender
An attorney employed by the government to represent criminal defendants who cannot afford to pay for a lawyer
What is a Prosecutor
An appointed or elected member of the practicing bar who is responsible for bringing the state’s case against the accused
