Courts and the Quest for Justice

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• Chapter 8
• Courts and the Quest for Justice

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Learning Outcomes

• LO1 Define and contrast the four functions of
  courts.
• LO2 Define jurisdiction and contrast geographic
  and subject-matter jurisdiction.
• LO3 Explain the difference between trial and
  appellate courts.
• LO4 Explain briefly how a case is brought to the
  Supreme Court.
• LO5 List and describe the members of the
  courtroom work group.

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Define and contrast the four functions of the
courts.
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Learning Outcome 1

• Courts have extensive powers in our criminal
  justice system.
• The courts legitimacy is based on two factors
• Impartiality
• Independence

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Learning Outcome 1

• Functions of the Courts
• The Due Process Function
• The Crime Control Function
• The Rehabilitation Function
• The Bureaucratic Function

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Define jurisdiction and contrast geographic and
subject-matter jurisdiction.
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Learning Outcome 2

• Jurisdiction the power to speak the law.

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Learning Outcome 2

• Geographic jurisdiction
• A court exercises authority over a certain area.
• Federal versus State
• Concurrent jurisdiction many acts that are
  illegal under federal law are also illegal under
  state law.
• State versus State
• Multiple trials federal and state courts can
  host the same defendant on charges of same crime.

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Learning Outcome 2

• Subject-matter jurisdiction
• Courts of general jurisdiction
• No restrictions on subjects they can address.
• Courts of limited jurisdiction
• Handle misdemeanors and certain civil matters.

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Explain the difference between trial and
appellate courts.
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Learning Outcome 3

• Trial Courts
• Have original jurisdiction
• Almost every case begins in a trial court
• Are concerned with questions of fact

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Learning Outcome 3

• Appellate Courts
• Cases are brought only by appeal
• Judges make a decide whether a cause should be
  reversed or remanded
• Concerned with questions of law

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Learning Outcome 3

• The dual court system is comprised of both
  federal and state courts.
• Both federal and state courts have limited
  jurisdiction.
• Federal courts enforce federal statutes.
• State courts enforce state statutes.
• The distinction between the courts is not always
  clear.

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Learning Outcome 3

• State courts consist of
• Lower courts (limited jurisdiction)
• Trial courts (general jurisdiction)
• Appellate courts
• States highest court

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Learning Outcome 3

• Specialty courts include
• Drug courts
• Gun courts
• Juvenile courts
• Domestic courts
• Elder courts

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Learning Outcome 3

• Federal Courts A Three-tiered model
• U.S. District Court
• U.S. Court of Appeals
• United States Supreme Court

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Learning Outcome 3

• The United States Supreme Court
• The final interpreter of the Constitution
• Judicial review
• Meaning of statutory provisions
• Has trial jurisdiction in rare instances.

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Explain briefly how a case is brought to the
Supreme Court.
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Learning Outcome 4

• There is no absolute right to appeal to the
  Supreme Court.
• Writ of certioari
• A Supreme Court order for a lower court to send
  the record of a case for review.
• Four justices must approve a writ of certioari
  (rule of four)

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Learning Outcome 4

• Supreme Court Decisions
• Does not hear any evidence
• Decisions are based on written record of the case
  and written arguments (briefs)
• Courts decision delivered as written opinion.
• Concurring opinion
• Dissenting opinion

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CAREERPREP

• Bailiff
• Job Description
• Maintain order and provide security in the
  courtroom during trials, escort and guard jurors
  and prevent them from having improper contact
  with the public.
• Open and close court, call cases, call witnesses,
  and generally direct the traffic of the trial.
• What Kind of Training Is Required?
• At minimum, a high school diploma or GED.
• Supplemental training at a vocational school or a
  police academy, or a two- or four-year college
  degree with an emphasis on criminal justice.
• Annual Salary Range?
• 30,00038,000
• For additional information, visit
  www.criminaljusticeusa.com/bailiff.html.

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Learning Outcome 4

• Before the Trial, the judge must determine
• Whether there is sufficient probable cause to
  issue a warrant.
• Whether there is sufficient probable cause to
  authorize electronic surveillance
• 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 bail
• Whether to accept pretrial motions by prosecutors
  and defense attorneys
• Whether to accept a plea bargain

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Learning Outcome 4

• Before the trial, the judge must determine
• Whether there is sufficient probable cause to
  issue a warrant.
• Whether there is sufficient probable cause to
  authorize electronic surveillance
• 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 bail
• Whether to accept pretrial motions by prosecutors
  and defense attorneys
• Whether to accept a plea bargain

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Learning Outcome 4

• The Administrative Role
• Keeping the docket current.
• Paperwork
• Courtroom budgets

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Learning Outcome 4

• Selection of Judges
• Federal judges are appointed by the president and
  confirmed by the Senate.
• State judges procedure varies by state.
• Partisan election judicial candidate picks a
  political party.
• Nonpartisan elections candidates do not pick a
  party.
• Missouri Plan merit selection
• When there is a vacancy, candidates are named by
  a nonpartisan committee.
• The names of the three most qualified candidates
  are sent to the governor or executive of the
  state judicial system, who makes the final
  decision.
• One year later, a retention election is held,
  so that vogers can decide whether to keep the
  judge.

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CAREERPREP

• Law Clerk
• Job Description
• Assist judges in courtroom matters such as
  managing evidence, interacting with court
  personnel, and communicating with attorneys and
  the public.
• Analyze complex legal issues regarding
  information submitted by the two parties before
  the court, help the judge research and write
  opinions, prepare reports for the judge on the
  legal issues of a case, and make recommendations
  directly to the judge concerning the outcome of
  the trial or appeal.
• What Kind of Training Is Required?
• Despite the job title, law clerks are almost
  always recent law school graduates who have
  either passed or are expected to pass the state
  bar examination, a prerequisite to becoming a
  lawyer.
• Superior writing and research skills and a solid
  knowledge of the law, court procedures,
  jurisdictional rules, and the court system.
• Annual Salary Range?
• 54,000105,000
• For additional information, visit
  www.judicialclerkships.com/law-clerks.htm.

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List and describe the members of the courtroom
workgroup.
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Learning Outcome 5

• Most prominent members
• Judges
• Prosecutors
• Defense attorneys

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Learning Outcome 5

• Other members
• Bailiff of the court
• Clerk of the court
• Court reporters

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Learning Outcome 5

• The judge has most influence over the work group.
  
• Laissez-faire judges.
• Tough-on-crime judges.
• A judges personal philosophy affects the court
  proceedings.