Criminal Justice in Action Chapter 8 PDF

Chapter 8: Courts and the Quest for Justice CRIMINAL JUSTICE IN ACTION, 11e Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May no...

Chapter 8: Courts and the Quest for Justice CRIMINAL JUSTICE IN ACTION, 11e Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 1  Icebreaker QUICK ! Name a film or TV series that has scenes in a courtroom or has an attorney or a judge as a lead character. https://www.esquire.com/entertainment/movies/news/ a48135/best-courtroom-movie-tv-scenes/ Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2  10 Famous Movie Courtroom Scenes, Ranked From Least To Most Believable 1.The Untouchables (1987) 9. Kramer vs Kramer (1979) 2.The Social Network (2010) 10. To Kill A Mockingbird (1962) 3.Good Will Hunting (1997) 4.Primal Fear (1996) 5.A Few Good Men (1992) 6. 12 Angry Men (1957) 7 Legally Blonde (2001) 8. My Cousin Vinny (1992) Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 3  Learning Objectives 8.1 Define and contrast the four functions of the courts. 8.2 Define jurisdiction and contrast geographic and subject-matter jurisdiction. 8.3 Explain the difference between trial and appellate courts. 8.4 Outline the levels of a typical state court system. 8.5 Outline the federal court system. 8.6 Explain briefly how a case is brought to the United States Supreme Court. 8.7 Explain the difference between the selection of judges at the state level and at the federal level. 8.8 Describe one alternative, practiced in other countries, to the American method of choosing judges. 8.9 List and describe the members of the courtroom work group. 8.10 List the three basic features of an adversary system of justice. Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 4  Functions of the Courts (1 of 2) Crime control model: primary emphasis Due process model: emphasizes the on the right of society to be protected right of the individual to be protected from crime and violent criminals from the power of the government Crime Control Model Due Process Model Goal Goal Deter crime by arresting and incarcerating criminals as quickly Protect individuals charge with crimes against the immense and and efficiently as possible. potentially unjust power of the state. Methods Methods Allow the police to “do their jobs” by limiting the amount of judicial Assure the constitutional rights of those accused of crimes when oversight of law enforcement tactics. they are arrested by law enforcement officer and prosecuted in Limit the number of rights and protections enjoyed by defendants criminal court. in court. Whenever possible, allow nonviolent convicts to serve their Incarcerate criminals for lengthy periods of time by imposing sentences in the community rather than behind bars. harsh sentences, including the death penalty. Protect the civil rights of all inmates, and focus on rehabilitation rather than punishment in prisons and jails. Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5  Functions of the Courts (2 of 2) Four functions of the courts 1. Due process function: protect the individual from the power of the state 2. Crime control function: punishment and retribution to protect society 3. Rehabilitation function: criminal is “sick” and treatment is morally justified 4. Bureaucratic function: efficiently hear cases and settle disputes Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 6 The Basic Principles of the American Judicial System (1 of 3) Jurisdiction: authority of a court to hear cases within an area of the law or a geographic territory Geographic jurisdiction − Federal vs. state: federal crimes go to federal court and state crimes to state court  Concurrent jurisdiction: two or more courts have jurisdiction over the same criminal case − State vs. state: crimes that occur in different states can have court in those states  Extradition: transfer an offender to another legal authority Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 7 The Basic Principles of the American Judicial System (2 of 3) International jurisdiction: Each country has their own laws: Laws in one country may not be illegal or legal in another country. Subject-matter jurisdiction − General (unlimited) jurisdiction: Courts have no restriction on subject matter. − Limited jurisdiction: Court addresses specific crimes (like felonies) or specific offenders (military courts). Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 8 The Basic Principles of the American Judicial System (3 of 3) Trial and appellate courts − Trial courts: original jurisdiction, or they hear the case for the first time − Appellate courts: appellate jurisdiction, or they only review a case that has already been tried − Opinions: appellate judges present written explanation of their decision Dual court system − United States system, both a federal and state court system Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 9  Knowledge Check 1. What are the two American criminal justice system models? 2. What is jurisdiction? 3. What is extradition? Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 10  Knowledge Check: Answers 1. (1) Crime control model and (2) due process model 2. Authority of a court to hear cases within an area of the law or a geographic territory 3. Transfer an offender to another legal authority Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 11  State Court Systems (1 of 3) Levels of state courts 1. Lower courts (limited jurisdiction) 2. Trial courts (general jurisdiction) 3. Appellate courts 4. State’s highest court (supreme courts) Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 12  State Court Systems (2 of 3) Lower courts (limited jurisdiction) − Magistrate courts: limited jurisdiction, jurisdiction in a geographical area, hear misdemeanors cases − Problem-solving courts: hear specific types of crimes  Drug court  Veterans court  Juvenile court  Domestic violence court  Mental health court Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 13  State Court Systems (3 of 3) Trial courts − General jurisdiction, hear all types of cases − Sometimes called a superior court − Where most trial and legal preceding occur State courts of appeals − Every state has at least one − Review lower court decisions and issue opinions Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14  The Federal Court System (1 of 3) Three-tiered model − U.S. district courts: hear federal cases − U.S. courts of appeals: review lower court decisions − U.S. Supreme Court: interpret the law Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 15  The Federal Court System (2 of 3) U.S. Supreme Court − Judicial review: court review of the actions of the executive and legislative branches to ensure they act within the U.S. Constitution − Statutory interpretation: clarify the meaning and application of laws − Jurisdiction: review cases reviewed by U.S. Courts of Appeals (and some lower courts) − How to get a case to the U.S. Supreme Court  Rule of four: Four justices have to agree to hear the case  Writ of certiorari: higher court requests records from a lower court Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 16  The Federal Court System (3 of 3) U.S. Supreme Court decisions − Oral arguments: verbal argument presented to an appellate court − Majorities: the most senior justice of the majority will assign the task of writing the courts opinion − Plurality: justices agree on the decision, but for different reasons − Concurrent opinions: justice opinion with different reasoning as majority opinion − Dissenting opinions: justice opinion outlining reasons the majority, in their opinion, was wrong Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 17  Quick Question! How many justices make up the U.S. Supreme Court ? Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 18 LIST THE CURRENT MEMBERS OF THE US SUMPREME COURT Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 19 LIST THE CURRENT MEMBERS OF THE US SUMPREME COURT Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 20  Ketanji Brown Jackson Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 21  Discussion Activity The U.S. Constitution does not specify the exact number of justices required for the U.S. Supreme Court. Since the establishment of the Court, the number of justices has increased and decreased slightly, but since 1869 there have been nine justices. 1. Should the U.S. Supreme Court increase the number of justices? 2. Should the U.S. Supreme Court decrease the number of justices? 3. Should justices hold office for life? Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 22  Discussion Activity Debrief Pros − Court has become more political and is ideologically imbalanced − Adding justices would ensure no one party’s agenda was reflected in the court − No precedent to have just nine justices and no laws forbidding more justices Cons − Increasing the court would increase political influence; with each new president and administration, justices could be added − Historically, there have been nine justices Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23  QUICK QUESTION: What comes to mind when you hear the word Judge Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 24  Judges in the Court System (1 of 6) Roles and responsibilities of trial judges − Before the trial  Sufficient probable cause to issue search and arrest warrants  Defendants held in custody until trial  Set bail amounts  Pretrial motions from prosecutors and defense attorneys  Accept plea bargains Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 25  Judges in the Court System (2 of 6) Roles and responsibilities of trial judges (continued) − During the trial  Make sure legal rules are followed and individual rights are preserved  If bench trial, determine guilty or innocence of the defendant − Sentencing  Incarceration, probation, or community-based corrections − Administrative role  Docket: courtroom calendar of cases Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 26  Judges in the Court System (3 of 6) Appointment of judges − Federal: president submits a name and Senate has to approve − State: most are elected Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 27  Judges in the Court System (6 of 6) Diversity on the bench − State courts: people of color and women are still underrepresented in judicial seats − Federal courts: people of color and women are underrepresented, but not to the same extent as the state courts − Benefits of diversity  Studies have shown that people tend to trust judges that resemble themselves.  Diversity on the bench introduces a variety of voices and perceptions. Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 28  The Courtroom Work Group (1 of 2) Courtroom work group: judge, prosecutor, defense attorney, and other court workers Members − Bailiff of the court: maintains security, leads defendant in and out of court, tends to jury needs, usually a sheriff’s deputy − Clerk of the court: all documents and evidence go through the clerk for logging − Court reporters: record every word said to create the official court record Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 29 The Courtroom Work Group Adversary system − Prosecutor and defense attorney represent different sides of a legal issue − Three basic features of an adversary system: 1. Neutral and passive decision maker, a judge or a jury 2. Evidence presented by both parties 3. Highly structured set of procedures that must be followed in the presentation of evidence − Goal of the adversary system is to win, and the truth is most likely to emerge as a by-product of that victory Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 30  Think-Pair-Share Get into groups of two. Both students are a defense attorney team for a defendant accused of committing an armed robbery. A handgun used in the armed robbery was never recovered by police. There are no fingerprints or DNA linking the defendant to the crime. The only evidence is video surveillance from the store. The defendant denied involvement to the police, but admitted to their defense team that they committed the crime. What is your defense strategy? What do you do about the unrecovered gun? Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 31 Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 32 Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 33  Self-Assessment Do you understand the state and federal court structures? Can you explain the U.S. Supreme Court’s responsibilities and how a case comes before the U.S. Supreme Court? What are the selection methods for state judges and which selection method do you think is best? Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 34  Summary (1 of 2) Now that the lesson has ended, you should have learned how to: Define and contrast the four functions of the courts. Define jurisdiction and contrast geographic and subject-matter jurisdiction. Explain the difference between trial and appellate courts. Outline the levels of a typical state court system. Outline the federal court system. Explain briefly how a case is brought to the United States Supreme Court. Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 35  Summary (2 of 2) Now that the lesson has ended, you should have learned how to: Explain the difference between the selection of judges at the state level and at the federal level. Describe one alternative, practiced in other countries, to the American method of choosing judges. List and describe the members of the courtroom work group. List the three basic features of an adversary system of justice. Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 11th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 36