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The Courts. The United States has courts on both the federal and state levels. This dual system reflects the state’s need to retain judicial autonomy separate from the federal government. Most criminal cases originate within state courts. America’s Dual Court System.
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The United States has courts on both the federal and state levels. This dual systemreflects the state’s need to retain judicial autonomy separate from the federal government. Most criminal cases originate within state courts. America’s Dual Court System
Jurisdiction • The jurisdictionof a court refers to those cases in which it may exercise lawful authority. • Determined by statute or constitution
Original vs. Appellate Jurisdiction • Original Jurisdiction • … the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts (i.e Superior Courts). California has 58 counties. • Appellate Jurisdiction …the lawful authority of a court to review a decision made by a lower court. (i.e. District Court of Appeal)
State Court Systems Today Calif. has a three-tiered structure. - Superior Court, trial court of general jurisdiction - Court of Appeal - State Supreme Court Court Consolidation Act (Eliminated municipal and justice courts.)
State Trial Courts • Where criminal cases “begin.” • Arraignments • Bail hearings • Enters pleas • Conducts trials • Sentences
State Trial Courts: Courts of General Jurisdiction • Also called: high courts, circuit courts, or superior courts. New York they are called Supreme Courts. (I don’t know why.) • Formal courts that make full use of juries, witnesses, prosecutors, defense attorneys, and other actors • Authorized to hear: • Any criminal case • Lower court / administrative hearing appeals • Trial de novo
Adversarial Process • Trial courts of general jurisdiction operate under the adversarial process. • Pits the interests of the state, represented by prosecutors, against the accused, represented by defense counsel, in a process constrained by procedural rules specified in law and by tradition.
State Appellate Courts Most state appellate systems consist of intermediate and high level appellate courts. • All states have supreme courts. • 39 states have intermediate level appellate courts, (includes Calif.).
Appeals • Appeals are requests by a defendant to a higher court asking it to review the actions of a lower court. • Some cases involving death penalty are automatically appealed. Calif.: Automatic appeal to the Supreme Court.
Appeals: The Process • Appellate court reviews transcripts from lower trial courts and may allow for lawyers from both sides to make oral arguments.
Appeals: The Results • Most convictions are confirmed. • Some decisions are reversed and cases remanded. • Recourse may be to appeal up to the state supreme court. • Generally, the state supreme court is the court of last resort.
Cases can be appealed to the U.S. Supreme Court if they are based on a claimed violation of the defendant’s rights as guaranteed under federal law or the U. S. Constitution. Appeals: Moving to the Federal System
“A respondent is entitled to a federal evidentiary hearing [only] if he can show cause for his failure to develop the facts in the state court proceedings and actual prejudice from that failure...” “It is hardly a good use of scarce judicial resources to duplicate fact-finding in federal court merely because petitioner has negligently failed to take advantage of opportunities in state court proceedings.” Keeney v. Tamayo-Reyes (1993)
Evidence of innocence is no reason for a federal court to order a new trial if constitutional grounds are lacking. “Where a defendant has been afforded a fair trial and convicted of the offense for which he was charged, the constitutional presumption of innocence disappears.” Herrera v. Collins (1993)
State Court Administration State court administrators manage the operational functions of the court. Typically, they are not lawyers. They are not judges.
State Court Administrator’s Duties • Prepare, present, oversee court system’s budget • Analyze case flow and determine allocation of personnel and how to streamline cases • Gather and present statistics • Serve as liaison between legislators and court • Develop and coordinate funding requests • Manage court personnel (promotions, benefits) • Coordinate plans to train judges and other personnel • Assign judges to judicial districts • Review payments to counsel for indigent defendants
The Federal Court System
Article III, Section 1 “One Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.” The Federal Court System Established by the U.S. Constitution
Article III, Section 2 Federal courts are to have jurisdiction over cases arising under the Constitution, federal law, and treaties. Federal courts are to settle disputes between states and to have jurisdiction in cases where one of the parties is a state. Jurisdiction of Federal Courts
Structure of Federal Court System • Three Levels of Courts • U.S. Supreme Court • U.S. Courts of Appeals • U.S. District Courts
U.S. District Courts • There are 94 judicial districts. • At least one district court per state • District courts in Puerto Rico, the District of Columbia, and other U.S. Territories
U.S. District Courts …the trial courts of the federal system …original jurisdiction over all cases involving alleged violations of federal statutes Includes “speeding tickets” in federal parks.
District Court Judges • There are 650 district court judges. • Appointed by the President and confirmed by the Senate • Serve for life • Assisted by magistrate judges, who: • Conduct arraignments • Set bail • Issue warrants • Try minor offenders
U.S. Courts of Appeal: Circuit Courts There are 12 U.S. Courts of Appeals, also called “Circuit Courts.” • Review cases from lower-level federal courts • Each court has at least six judges, one of whom is the chief justice. • These courts have mandatory jurisdiction over district court decisions.
The Constitution guarantees a right to appeal. A defendant’s right to appeal, however, has been interpreted to mean the right to one appeal. Therefore, the U.S. Supreme Court does not hear every appeal by defendants dissatisfied with the decision of a federal appeals court. Right to Appeal
U.S. Supreme Court • The U.S. Supreme Court consists of nine justices: • Eight Associate Justices • One Chief Justice • Justices are nominated by the President, confirmed by the Senate, and serve for life.
Judicial Review … the power of a court to review actions and decisions made by other agencies of government. It is probably the U.S. Supreme Court’s greatest power.
U.S. Supreme Court: Appeals • Of 5,000 annual requests for review, only about 200 are heard. (On a good year.) • Four justices must vote in favor of a hearing for a case to be heard. • Usually the Court only reviews cases that involve a substantial federal question. • The Court issues a writ of certiorari to a lower court.
Writ of Certiorari … a writ issued from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case.
Supreme Court decisions are rarely unanimous. Types of opinions: Majority—Justices agree in outcome and reasoning. This is the opinion of the court. Concurring—Agree with outcome, but for different reasons. Dissenting—Disagree with outcome. Opinions of the Court
Pretrial Activities Several activities take place before a trial can begin: • First appearance • Pretrial release and bail • The grand jury • The preliminary hearing • Arraignment and plea
First Appearance Defendants are brought before a judge and: • Formally notified of the charges • Advised of their rights • Given the opportunity to retain a lawyer or have one appointed to represent them • May be afforded the opportunity for bail
First Appearance …must be held “without unnecessary delay.” Based on McNabb v. U.S.(1943), the standard is 48 hours. …may include a probable cause hearing, if arrests were made without a warrant.
Most defendants are given the opportunity for pretrial release. Pretrial release decisions consider risk of flight or nonappearance in court and risk to public safety. Decisions focus on: Seriousness of pending charges Prior record Information about the defendant Available supervisory options if released Pretrial Release
The most common pretrial release mechanism is bail, the posting of a bond as a pledge that the accused will return for court proceedings. Bail serves two purposes: Helps ensure reappearance of the accused in court Prevents un-convicted persons from suffering imprisonment unnecessarily. Pretrial Release
Used by the federal government and about half of the states, grand juries: Are made of private citizens (usually 23). Hear evidence only from prosecutors. Are held in secret, and generally the defendant is not there. Serve as filters to eliminate cases without sufficient evidence. Move a case forward if the majority of grand jurors vote on an indictment. Grand Juries
Arraignment is the first appearance before the court with authority to try the case. Two purposes: Inform suspect of specific charges Allow defendant to enter a plea Types of pleas: Guilty Not guilty Nolo contendere Not guilty by reason of insanity Arraignment
States that do not use grand juries rely on preliminary hearings: They give the defendant an opportunity to challenge the legal basis of his/her detention. A judge or magistrate summarizes the charges and reviews the rights of criminal defendants. Competency to stand trial may be determined. They have many of the same characteristics as a trial but lesser standard of proof. (Probable Cause) Preliminary Hearing
Plea Bargaining …the process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case. Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case. “Evil Necessity.”
Plea Bargaining • Negotiated pleas are guilty pleas and result in conviction. • Some surveys have found that 90% of all criminal cases prepared for trial are eventually resolved through a negotiated plea. • After a guilty plea has been entered, it may be withdrawn only with the consent of the court.
