Lower Courts

1. Lower Courts Chapter Eighteen

2. Scope of Lower Courts • Trial courts of Limited Jurisdiction. • Also referred to as inferior courts or lower courts. • Constitute 60% of the judicial body. • Jurisdiction includes: • Preliminary stages of felony cases. • Non-felony criminal cases. • Small claims.

3. Non-Felony Criminal Cases • Misdemeanor: a crime punishable by a fine and/or imprisonment for a period of less than one year. • Ordinance violation: a violation of a law passed by a local governing body such as a city council. • Traffic offenses: a group of offenses involving self-propelled motor vehicles.

4. Concerns about Lower Courts • Few defendants are represented • Trials are rare • Informality the rule • Sentences imposed quickly • Inadequate financing • Inadequate facilities • Lax Court Procedures • Unbalanced caseloads

5. Justice of the Peace: Rural. Low caseloads Lack of resources Greater familiarity Municipal Courts: Urban Heavy Caseloads Assembly line justice Justice of the Peace Courts v. Municipal Courts

6. Lower Court Jurisprudence • North v. Russell: non-lawyer judges do not violate the due process clause, nor do they deny equal protection. • Baldwin v. New York: A defendant has a right to a jury trial only if the offense can be punished by imprisonment for more than six months. • Tate v. Short: Defendants may not be jailed because they are unable to pay a fine. • Argersinger v. Hamlin: No person may be imprisoned for any offense unless he was represented by counsel, unless waived.

7. Community Collaboration • Community Justice efforts • Alternative Dispute Resolution centers • Restorative Justice • Community Dispute Settlement centers • Community Courts • Mediation centers • Neighborhood Justice Centers