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Chapter 8 Courts and the Quest for Justice. 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. - PowerPoint PPT Presentation
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CJ
© 2011 Cengage Learning
Chapter 8Chapter 8
Courts and the Courts and the Quest for JusticeQuest for Justice
© 2011 Cengage Learning
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.
1LO
© 2011 Cengage Learning
Define and contrast the four functions of the
courts.
© 2011 Cengage Learning
Learning Outcome 1• Courts have extensive powers in our
criminal justice system. • The courts’ legitimacy is based on
two factors:– Impartiality– Independence
© 2011 Cengage Learning
Learning Outcome 1Functions of the Courts:• The Due Process Function • The Crime Control Function• The Rehabilitation Function • The Bureaucratic Function
2LO
© 2011 Cengage Learning
Define jurisdiction and contrast geographic and
subject-matter jurisdiction.
© 2011 Cengage Learning
Learning Outcome 2
Jurisdiction – “the power to speak the law.”
© 2011 Cengage Learning
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.
© 2011 Cengage Learning
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.
3LO
© 2011 Cengage Learning
Explain the difference between trial and appellate courts.
© 2011 Cengage Learning
Learning Outcome 3Trial Courts:• Have original jurisdiction• Almost every case begins in a
trial court• Are concerned with questions of
fact
© 2011 Cengage Learning
Learning Outcome 3Appellate Courts:• Cases are brought only by appeal• Judges make a decide whether a
cause should be reversed or remanded
• Concerned with questions of law
© 2011 Cengage Learning
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.
© 2011 Cengage Learning
© 2011 Cengage Learning
Learning Outcome 3• State courts consist of:
– Lower courts (limited jurisdiction)– Trial courts (general jurisdiction)– Appellate courts– State’s highest court
© 2011 Cengage Learning
Learning Outcome 3• Specialty courts include:
– Drug courts– Gun courts– Juvenile courts– Domestic courts– Elder courts
© 2011 Cengage Learning
© 2011 Cengage Learning
Learning Outcome 3Federal Courts – A Three-tiered
model:• U.S. District Court• U.S. Court of Appeals• United States Supreme Court
© 2011 Cengage Learning
© 2011 Cengage Learning
Learning Outcome 3The United States Supreme Court:• The final interpreter of the Constitution• Judicial review• Meaning of statutory provisions• Has trial jurisdiction in rare instances.
4LO
© 2011 Cengage Learning
Explain briefly how a case is brought to the
Supreme Court.
© 2011 Cengage Learning
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)
© 2011 Cengage Learning
Learning Outcome 4Supreme Court Decisions• Does not hear any evidence• Decisions are based on written record of
the case and written arguments (briefs)• Court’s decision delivered as written
opinion. – Concurring opinion– Dissenting opinion
© 2011 Cengage Learning
CAREERPREPBailiff
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?$30,000–$38,000
For additional information, visit: www.criminaljusticeusa.com/bailiff.html.
© 2011 Cengage Learning
Learning Outcome 4Before 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
© 2011 Cengage Learning
Learning Outcome 4Before 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
© 2011 Cengage Learning
Learning Outcome 4The Administrative Role• Keeping the docket current. • Paperwork• Courtroom budgets
© 2011 Cengage Learning
Learning Outcome 4Selection 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.
© 2011 Cengage Learning
CAREERPREPLaw 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?$54,000–$105,000
For additional information, visit: www.judicialclerkships.com/law-clerks.htm.
5LO
© 2011 Cengage Learning
List and describe the members of the
courtroom workgroup.
© 2011 Cengage Learning
Learning Outcome 5Most prominent members:• Judges • Prosecutors• Defense attorneys
© 2011 Cengage Learning
Learning Outcome 5Other members:• Bailiff of the court• Clerk of the court• Court reporters
© 2011 Cengage Learning
Learning Outcome 5• The judge has most influence over
the work group. – Laissez-faire judges.– “Tough-on-crime” judges.
• A judge’s personal philosophy affects the court proceedings.