chapter 9
Download
Skip this Video
Download Presentation
Chapter #9

Loading in 2 Seconds...

play fullscreen
1 / 49

Chapter #9 - PowerPoint PPT Presentation


  • 153 Views
  • Uploaded on

Chapter #9. The Courts: Structure & Participants. Dual court system. State & federal courts 10 th Amendment – most criminal cases start state court. jurisdiction. Lawful authority of a court Statute / constitution. State court systems. Massachusetts Bay Colony. 1629 – general court

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Chapter #9' - joey


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
chapter 9

Chapter #9

The Courts: Structure & Participants

dual court system

Dual court system

State & federal courts

10th Amendment – most criminal cases start state court

jurisdiction

jurisdiction

Lawful authority of a court

Statute / constitution

massachusetts bay colony
Massachusetts Bay Colony
  • 1629 – general court
  • 1. legislative
  • 2. judicial
  • 1639 – county courts
  • 1. outlying areas
  • 2. general court – court of appeal
pennsylvania early history

Pennsylvania – early history

Peacemakers – mediated disputes

Justices of the Peace – today’s district magistrates

early british influence 1776

Early British influence - 1776

Barristers – formally trained lawyers

“Counselor’s at Law” – learned by apprenticeship

jurisdiction1
Jurisdiction
  • Original
  • Appellate
federal judiciary act 1789
Federal Judiciary Act - 1789
  • Limited jurisdiction courts
  • General jurisdiction courts
  • Appellate courts
pa court system modern
PA court system - modern
  • PA Supreme Court
  • Superior Court / Commonwealth Court
  • Common Pleas (67)
  • Magistrate / Philadelphia Criminal / Philadelphia Traffic / Pittsburgh
pa structure
PA structure
  • Magisterial Courts
  • 1.
  • 2.
  • 3.
  • 4.
  • Common Pleas
  • 1.
  • 2.
  • 3.
  • 4.
  • 5.
lehigh county structure
Lehigh County structure
  • Criminal / juvenile
  • Civil / family
  • Orphans
  • Magistrates
adversarial process

Adversarial process

Prosecution v defense

pa appeals process
PA appeals process
  • PA Supreme Court
  • Death penalty
  • PA Superior Court
  • Criminal appeals
  • PA Commonwealth Court
  • Administrative appeals
appellate process
Appellate process
  • Empanelled judges
  • Transcripts
  • Briefs
  • Oral arguments
  • Affirmed
  • Remanded
  • Court of last resort
appeals to ussc

Appeals to USSC

Constitutional issues:

4th / 5th / 6th / 8th / 14th

keeney v tamayo reyes 1993

Keeney v Tamayo-Reyes: 1993

Federal evidentiary hearing only if:

Petitioner can show he / she didn’t have opportunity in state court

herrera v collins 1993

Herrera v Collins: 1993

Evidence of innocence:

Not a reason for hearing in federal court

court support personnel
Clerk of Courts

1. recording keeping:

2. public records except:

3. oaths & affirmations

4. seal of courts

Court Administrator

1. personnel / fiscal management

2. information systems

3. equipment

4. records control

5. public information

Jury management

Court support personnel
article iii section 1
Article III, Section 1
  • “One Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish”
article iii section 2
Article III , Section 2
  • Jurisdiction
  • 1. cases: constitution / federal law / treaties
  • 2. disputes b/w states // where one party is a state
federal court structure
Federal court structure
  • USSC
  • U.S. Courts of Appeal
  • U.S. District Courts
u s district courts 94
U.S. District Courts (94)
  • Trial courts: civil / criminal
  • Original jurisdiction
  • 94 districts:
  • 1 per state
  • Puerto Rico / D.C. / U.S. territories
u s district courts
Judges

650

Appointed by President / confirmed by Senate

Serve for life

$154,700

Magistrates

Arraignments

Bail

Issue warrants

Try minor offenses

Federal numbers

Criminal: 71,022

Civil: 281,338

U.S. District Courts
u s circuit courts of appeal1
13 circuits

12 circuits (regions)

1 U.S. Court of Appeals – federal circuit

167 judges

Same as district judges

History of the circuit judge

Appeals

Frivolous

Ritualistic

Non-consensual

U.S. Circuit Courts of Appeal
slide30
Background
  • 9 justices
  • 8 + 1 Chief Justice
  • Nominated by President
  • Confirmed by Senate
  • Serve for life
  • Salaries: $217,400 / $208,100
slide31
Original jurisdiction

Appellate jurisdiction

Writ ofCertiorari (cert)

Judicial review

Process

Marbury v Madison (1803)

“province of the judicial department to say what the law is”

Opinions: majority / concurring / dissenting

USSC
the judge
Primary duty  to ensure justice

Responsibilities include:

Ruling on most matters of the law

Weighing objections

Deciding the admissibility of evidence

Sentencing offenders

Disciplining disorderly courtroom attendees

Deciding guilt or innocence (for bench trials)

Formal arraignment

Pre-trial hearings

Post-trial appeals

President (Chief) Judge: hires staff / training / court operations

The Judge
judges
Judges
  • Popular election
  • Gubernatorial appointment
  • Missouri Plan – merit (endorsement & public records)
  • PA:
  • 1. popular election
  • 2. ten years
  • 3. retention
judges qualifications
Judges - qualifications
  • Member of state bar
  • Licensed attorney
  • Hold law degree
  • Attend professional training
prosecuting attorney
Titles: solicitor / district attorney / state’s attorney / county attorney / commonwealth attorney

Federal level: U.S. attorney

45 states elect D.A./s

5 states + federal government appoint

James Martin: Lehigh County

John Morganelli: Northampton County

4 year terms

Prosecuting Attorney
prosecutor s
Prosecutor’s
  • Duties:
  • 1. present case
  • 2. advisor to police
  • 3. files appeals
  • 4. parole violations
  • 5. beyond a reasonable doubt
  • Prosecutorial discretion: decision making power
prosecutorial discretion
Prosecutor decides:

Whether or not to charge someone with a crime

Which charges are to be filed against the defendant

Whether multiple charges should be filed together or separately

When to schedule cases for trial

Whether or not to accept a negotiated plea

What evidence to present, including witnesses

What sentencing recommendations to make

Prosecutorial Discretion
abuse of discretion
Abuse of Discretion
  • Not prosecuting friends
  • Accepting guilty pleas or reduced charges for

personal consideration

  • Overzealous prosecution to gain visibility for

possible reelection

  • Scheduling activities to make life difficult for

defendants, in an attempt to put pressure on

them to plead guilty

  • Discrimination against minorities
  • Prosecutors may abuse their discretion by…
disclosure of evidence
Disclosure of evidence
  • Brady v MD (’63)
  • Exculpatory evidence must be disclosed
  • U.S. v Bagley (’85)
  • Must disclose all evidence requested
imbler v patchman 76

Imbler v Patchman (’76)

Prosecutor’s have absolute immunity from liability for conduct during trial

types of defense attorneys
Types of defense attorneys
  • Court assigned attorney
  • Public defender
  • Contract attorney
defense counsel
Duties

1. represents accused

2. guilty pleas

3. prepares defense

4. calls witnesses

5. adversarial process

6. sentencing

appeals

Types

1. private attorney

2. court appointed attorney

3. public defender

Defense counsel
sixth amendment cases
TX v Cobb (’01): counsel is offense specific

Gideon v Wainwright (’63): counsel for indigent defendants in all felony cases

Faretta v CA (’75): indigent defendants can reject counsel & represent themselves

Argersinger v Hamlin (’72): counsel for indigent defendants in misdemeanor cases

Gault (’67): juveniles granted right to attorney

AL v Shelton (’02): counsel for indigent offenders in state court if prison likely

Sixth Amendment cases
ethics of defense

Ethics of defense

Canons of Professional Ethics

Model Code of Professional Responsibility

Model Rules for Professional Conduct

Standards for Criminal Justice

additional jobs
Bailiff / U.S. Marshall: controls courtroom, security & jury

Court Reporter: written record of all court proceedings

Expert Witness: paid professional / may express opinions

Lay Witnesses:

Eye witnesses / character witness / victim

Jurors: trier of facts / peers / verdicts

Victim: seeks justice

Spectators: trials must be fair / public

Additional jobs
jury reform
Jury reform
  • ABA – 19 principles:
  • 1. protect privacy of juror
  • 2. inform jurors of trial schedules
  • 3. explain law in plain English
  • 4. right to talk to anyone after trial
  • 5. right to refuse to talk after the trial
trial participants
Victim

1. witness

2. unsure of role

3. lack of knowledge of trial procedure

4. fear retaliation

5. trauma of testifying

Defendant’s choices:

1. select counsel

2. plan defense strategy

3. decide what to tell counsel

4. decide what to plea

5. decide whether or not to testify

6. determine appeal if found guilty

Trial participants
ad