Criminal Justice 200 Chapter 9 PDF

Criminal Justice 200 Chapter 9: Court Structure and Personnel Learning Objectives Describe the structure and functions of state courts Describe the structure and functions of federal courts Describe the duties of judges & the various methods by which they are selected Identify is...

Criminal Justice 200 Chapter 9: Court Structure and Personnel Learning Objectives Describe the structure and functions of state courts Describe the structure and functions of federal courts Describe the duties of judges & the various methods by which they are selected Identify issues related to “congestion” of the courts Explain alternatives to the judicial processing of legal matters Characterize the role of the prosecutor and identify factors related to the use of prosecutorial discretion Characterize the role of the defense attorney and understand the 6th Amendment guarantee of right to counsel Structure and Function of State Courts The structure and function of state courts is difficult to describe due to the influence of federalism There are several consequences of federalism on the U.S. judicial system: Disparate structure and organization Disparate criminal codes and procedures State courts are generally of several types (see this explanation of MS courts): Limited jurisdiction General jurisdiction Appellate jurisdiction Structure and Function of State Courts The term “limited jurisdiction has two meanings: Constrained to state matters Constrained to minor offenses Because they can only hear minor offenses, these courts jail time and fines are the typical form of punishment imposed by courts of this type There is usually no recording of the proceeding – not “courts of record’ Proceedings are often informal in nature Judges may only have minimal training and educational qualifications Structure and Function of State Courts Courts of general jurisdiction hear more serious and varied types of cases Because of this, they can impose a broader range of sanctions Proceedings are documented for the “record” Most cases are “formal” in nature and involve attorneys Judges tend to be more experienced Structure and Function of State Courts Appellate courts are of two types: Initial Final / Last Resort These courts do not typically “retry” the case but, rather, provide an opportunity for redress on matters of law Cases are heard by a single judge or panel of judges Decisions are based upon precedent / case law Appellate courts grant stays, habeas relief, injunctions, etc. Courts of last resort are the final arbiter of the state’s law and constitution Structure and Function of Federal Courts Federal courts are of two types: Constitutional: Created by Article III, Section 1, which authorizes Congress to “ordain and establish” courts inferior to the Supreme Court Judges are appointed for life upon “good behavior” Judicial salaries may not be reduced Legislative: Also created by Congress, but through one of its other legislative powers Judges are not appointed for life Judicial salaries are not protected Structure and Function of Federal Courts Constitutional courts are of two types: General jurisdiction Specific jurisdiction Courts of the general type are organized into three “tiers” – general (district), appellate, supreme District courts were created by the Judicial Act of 1789 Appellate courts are divided into 13 Circuits The Supreme Court is the only court created by the Constitution and cannot be abolished Other Constitutional courts include: Court of International Trade, Removal Court, FISA Structure and Function of Federal Courts Legislative courts are created by Congress under Article I or powers to implement legislative authority Examples include: Federal Claims Court US Tax Court Bankruptcy Courts Court of Appeals for Veterans Claims Court of Appeals for Armed Forces The Duties of Judges The power of judges is broad and near-absolute Oversee all matters related to courtroom conduct Determine the admissibility of evidence Guide the selection of jurors Direct proceedings Rule on questions of procedure Instruct the jury Determine sentence Judges may also influence social policy, agency operations, uphold public expectations Selection of Judges Given the broad power that judges exercise, their selection is of utmost importance to both the public and government The Constitution provides little specific guidance on judicial selection and the process can be highly politicized Under the principles of federalism, states select judges as they see fit Election Appointment Merit The removal of judges may be prompted by illegality, abuse of authority, or incompetence The Problem of Court “Congestion” & Alternatives to Judicial Intervention Despite their vital role in society, many court systems are overburdened and under- resourced Several factors are arguably related to the “backlog” of cases in most courts An abundance of criminal activity A public emphasis on crime control The priority given to ensuring due process and the protection of individual rights The practical realities of an overburdened and under-resourced judicial system have led to the creation of several alternative methods for obtaining justice or resolving disputes In the criminal context, low-level offenses are often eligible for deferred adjudication or some other programmatic approach (e.g. drug programs) In the civil context, private disputes may be best resolved through mediation or arbitration Other Courtroom Actors The courtroom “workgroup” is comprised of other professionals who regularly interact with one another Prosecutors – represent the state or government on behalf of the “people” to enforce the criminal law Defense attorneys – represent the interests of the accused charged with a crime Court clerks – manage the court docket and related business matters The Prosecutor The prosecutor is the lead party who brings charges against individuals (or other parties / entities) for violations of the law where the case is supported by evidence tending to demonstrate guilt Despite their role to seek conviction of the guilty, prosecutors serve the higher ethical goal of seeking justice wherever that path may lead Prosecutors exercise broad discretion in shaping criminal justice policy, priorities, and standards within their area of jurisdiction Decision-making is often driven by legal, social, political, and financial considerations Prosecutors who abuse their power or the public trust may be sanctioned The Defense Counsel The defense counsel is responsible for protecting the liberty interests of the accused and must provide a full and vigorous defense within legal and ethical boundaries The work associated with legal defense is highly varied and time consuming beyond the obvious task of courtroom advocacy The assistance of counsel, be it appointed or retained, is guaranteed by the 6th Amendment Conclusion