exam 3 Chapter 7 Flashcards
What Role Do Courts Play in Society
they can bring the authority of the state
to seize property
and to restrict individual liberty
The legitimacy of courts is based on two factors
Impartiality
Independence
The due process function of the courts is
that individuals be treated fairly.
The crime control function of the courts
emphasizes punishment and retribution—criminals must suffer for the harm done to society, and it is the courts’ responsibility to see that they do so.
The Rehabilitation Function
in this model criminals are analogous to patients and the courts perform the role of physicians who dispense “treatment”
definition of Jurisdiction
The authority of a court to hear and decide cases within an area of the law or a geographic territory
Before any court can hear a case
it must have jurisdiction over the persons involved in the case or its subject matter.
the jurisdiction of every court
is limited in some way
A state trial court normally has
jurisdictional authority over crimes committed in a particular area of the state, such as a county or a district.
a states highest court (often is called state supreme court)
has jurisdictional authority over the entire state,
the united stats supreme court has jurisdiction over the entire country
Most criminal laws
are state laws, so the majority of all criminal trials are heard in state courts.
Many acts that are illegal under state law
are also illegal under federal law.
concurrent jurisdiction is quite common
The concept of jurisdiction
encourages states to cooperate with each other regarding fugitives from the law.
Extradition
the formal process by which one jurisdiction surrenders a person accused or convicted of violating jurisdictions criminal law to the second jurisdiction
Under international law
each country has the right to create and enact criminal law for its territory.
A nation has jurisdiction over
any crimes committed within its borders.
Jurisdiction over subject matter also acts
as a limitation on the types of cases a court can hear.
State court systems include
courts of general (unlimited) jurisdiction and courts of limited jurisdiction.
Courts of general jurisdiction have
no restrictions on the subject matter they may address, and therefore deal with the most serious felonies and civil cases.
courts of limited jurisdiction
also known as lower courts they do handle misdemeanors and civil matters usually less than 1000 bucks
Almost every case begins in a
trail court
Appellate Courts
Courts that review decisions made by lower courts, such as trial courts
Cases can be brought before appellate courts only on
appeal by one of the parties in the trial court.
an appellate court does not
no jury or witnesses judges make the decisions
Dual Court System:
the separate but interrelated court system of the united states made up of the courts on the national and the courts on the state level
How Do States Organize Their Courts
Typically, a state court system includes several levels, or tiers, of courts.
- Lower courts, or courts of limited jurisdiction.
- Trial court of general jurisdiction.
- appellates court
- the state’s highest court
most states have local trial courts that are limited to trying cases involving…
- minor criminal matters
- such as traffic violations, prostitution, and drunk and disorderly conduct
courts of limited jurisdiction can also be responsible for..
preliminary stages of felony cases
arraignments, bail hearings, and preliminary hearings often take place in…
lower court cases
magistrate
a public offer or official with limited judicial authority within a particular geographic area
in most jurisdictions, magistrates are responsible for…
providing law enforcement agents with search and seizure warrants
problem solving courts
lower courts that have jurisdiction over one specific area of criminal activity
problem solving courts include courts such as:
- drug courts
- gun courts
- juvenile courts
- domestic violence courts
- mental health courts
- veteran treatment courts
- re-entry courts
trial courts of jurisdiction
courts of jurisdiction have the authority to hear and decide cases involving many types of subject matter and they are the setting for criminal trials
state trial courts that have general jurisdiction may be called…
county courts, district courts, superior courts, or circuit courts
How Does the Federal Government Organize Its Courts?
The federal court system is basically a three-tiered model consisting of
1U.S. district courts (trial courts of general jurisdiction) and various courts of limited jurisdiction,
2U.S. courts of appeals (intermediate courts of appeals), and
3 the united states supreme court
U.S. District Courts
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On the lowest tier of the federal court system are the U.S. district courts, or federal trial courts.
these are the courts in which cases involving federal laws begin and a judge decided the case
Gideon v. Wainwright (1963)
established every American’s right to be represented by counsel in a criminal trial.
Miranda v. Arizona (1966)
transformed pretrial interrogations.
Furman v. Georgia (1972)
ruled that the death penalty was unconstitutional.
Gregg v georgia (1976)
spelled out the conditions under which the death penalty could be allowed
Writ of Certiorari
A request from a higher court asking a lower court for the record of a case. In essence, the request signals the higher court’s willingness to review the case.
Rule of Four:
A rule of the United States Supreme Court that the Court will not issue a writ of certiorari unless at least four justices approve of the decision to hear the case.
Majority Opinions:
A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court’s decision.
Concurring Opinions: ///
Separate opinions prepared by judges who support the decision of the majority of the court but who want to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made.
Dissenting Opinions:
separate opinions in which judges disagree with the conclusion reached by the majority of the court and expand on their own views about the case
Before trial, judges determine the following:
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- Whether there is sufficient probable cause to issue a search or arrest warrant.
- Whether there is sufficient probable cause to authorize electronic surveillance of a suspect.
- Whether enough evidence exists to justify the temporary incarceration of a suspect.
- Whether a defendant should be released on bail, and if so, the amount of the bail.
- Whether to accept pretrial motions by prosecutors and defense attorneys.
- Whether to accept a plea bargain.
during these pretrials activities the judge takes on the role of negotiator
When the trial starts
the judge takes on the role of referee.
Partisan Elections:
Elections in which candidates are affiliated with and receive support from political parties.
Nonpartisan Elections:
Elections in which candidates are presented on the ballot without any party affiliation.
Missouri Plan:
a method of selecting judges that combines appointments and elections
The Missouri Plan consists of three basic steps:
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When a vacancy on the bench arises, candidates are nominated by a nonpartisan committee of citizens.
The names of the three most qualified candidates are sent to the governor or executive of the state judicial system, and that person chooses who will be the judge.
A year after the new judge has been installed, a “retention election” is held so that voters can decide whether the judge deserves to keep the post.
the goal of the missouri plan is to
eliminate partisan politics from the selection procedures while giving the same time giving the citizens a voice in the process
Courtroom Workgroup:
The social organization consisting of the judge, prosecutor, defense attorney, and other court workers.
Courtroom professionals appear
to a great extent—to be cooperating with each other.
The courtroom workgroup is made up of
those individuals who are involved with the defendant from the time she or he is arrested until sentencing.
The most prominent members are the judge, the prosecutor, and the defense attorney.
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The bailiff of the court is responsible for maintaining security and order in the judge’s chambers and the courtroom.
The clerk of the court has an exhausting list of responsibilities. Any plea, motion, or other matter to be acted on by the judge must go through the clerk.
court reporters record every word that is said during the course of the trial
Public Prosecutors:
inviduals, acting as trial lawyers who iniat and conduct cases in the govermen name and on behalf of the people
in some jurisdictions, the district attorney is
the chief law enforcement officer.
Prosecutors have the power to
bring the resources of the state to bear against the individual and hold the legal keys to meting out or withholding punishment.
The Brady Rule
This rule holds that prosecutors are not permitted to keep evidence from the defendant and her or his attorneys that may be useful in showing innocence.
Exculpatory Evidence:
evidence such as a statement trending to excuse justify or absolve the alleged fault or guilt of a defendant
During the pretrial process, prosecutors hold a great deal of discretion in deciding:
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Whether an individual who has been arrested by the police will be charged with a crime.
The level of the charges to be brought against the suspect.
if and when to stop the prosecution
Public Defenders:
Court-appointed attorneys who are paid by the state to represent defendants who cannot afford private counsel.
Generally speaking, there are two different types of defense attorneys:
Private attorneys:who are hired by individuals
Public defenders: who work for the goverment
Gideon v. Wainwright (1963).
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The Court ruled that no defendant can be “assured a fair trial unless counsel is provided for him,” and therefore the state must provide a public defender to those who cannot afford to hire one for themselves.
Three basic types of programs are used to allocate defense counsel:
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assigned counsel programs: Local private attorneys are assigned clients on a case-by-case basis by the county.
Contracting attorney programs: A particular law firm or group of attorneys is hired to regularly assume the representative and administrative tasks of indigent defense.
Public defender programs: The county assembles a salaried staff of full-time or part-time attorneys and creates a public (taxpayer-funded) agency to provide services
Attorney-Client Privilege:
A rule of evidence requiring that communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure.
United States v. Zolin (1989),
the Supreme Court ruled that lawyers may disclose the contents of a conversation with a client if the client has provided information concerning a crime that has yet to be committed.
concurrent jurisdiction
occurs when two different court systems have simultaneous jurisdiction over the same case
