CJ Chapter Ch. 8

Crime Control Model

primary emphasis on the right of society to be protected from crime and violent criminals

Due Process Model

emphasizes the right if the individual to be protected from the power of the government

Four functions of the courts

1. Due process function: protect the indvidual from the power of the state

2. Crime control function: punishment and retribution to protect society

3. Rehabilitation function: criminal is sick, and treatment is morally justified

4. Bureaucratic function: efficiently hear cases and settle disputes

Jurisdiction

authority of a court to hear cases within an area of the law or a geographic territory

Geographic jurisdiction

Federal vs. State

• fed crimes go to fed court and state crimes go to state court

Concurrent Jurisdiction

since many acts are illegal under the state law and also the federal law, fed and state courts can both have jurisdiction over that crime

• fed and state prosecutors use discretion to determine if one or both courts will prosecute

State vs. State

• crimes that occur in different states and have concurrent jurisdiction

  • car stolen in PA and found in MD

  • Shot in PA killed in OH

International jurisdiction

each country has their own laws

laws in one country may be legal or illegal in another

Extradition

The formal process by which one legal authority (such as a state or a nation) transfers a fugitive or suspect to another legal authority that has a valid claim on that person

• ie arrest warrant

Subject-matter jursidiction

general (unlimited) jurisdiction

• courts have no restriction on the subject matter that may be heard

• deal with the most serious felonies and civil cases

  • mercer county court of common police

limited jurisdictions

• also known as lower courts

• usually handle minor cases such as misdemeanors and civil matters under a certain $ amount

Trial Courts

Original jurisdiction- they hear the case for the first time and determine the questions of fact

Appellate Courts

• No trials

• Appellate jurisdiction- they address questions of law in cases that have already been tried and determine if anyone’s rights were violated

• the idea of it the judge did something incorrectly, if they didn’t, they can overturn the trial court and then the defendant is tried again in the trial court

Dual Court System (federalism)

United States system, both a federal and state court system

What are the two criminal justice system models

crime control model and due process model

What is jurisdiction

Authority of a court to hear cases within an area of the law or a geographic territory

Extradition

The transfer of an offender to another legal authority

Levels of the state courts

1. Lower courts (limited jurisdiction)

2. Trial courts (general jurisdiction)

3. Appellate courts (pa superior court)

4. State’s highest courts (supreme courts)

Lower courts (limited jurisdiction)

magistrate courts: limited jurisdiction, geographical area, hear misdemeanors

problem-solving courts: hear specific types of crimes

• drug court

• veterans court

• juvenile court

• Domestic violence court

• mental health court

Trial Courts

• general jurisdiction, hears all types of cases

• may be called to county courts, district courts, superior courts, or circuit courts

• where most trial and legal proceedings occur

• state court of appeals

  • every state has at least one

  • review lower court decisions and issue opinions

Three-tiered model

• us district courts: hear federal cases

• us courts of appeals: review lower court decisions

• us supreme court: interpret the law

The U.S. Supreme Court

the court of final resort

• juduicial review: court review of the actions of the executive and legislative branches to ensure that they act within the U.S. constitution

• Statuatory interpretation: clarify the meaning and application of laws

• Jurisdiction: examine cases reviewed by the U.S. courts of appeals (and some lower courts)

• how to get a case to the U.S. supreme court

  • rule of four: four justices have to agree to hear the case

  • writ of certiorari: high court requests records from lower courts

U.S. Supreme Court Decisions

• oral arguments: verbal agreement presented to appellate court

• majorities: most senior justice of the majority will assign the task of writing the court’s opinion

• plurality: justices agree on the decisions, but for different reasons

• concurrent opinions: justice opinion with different reasoning as majority opinion

• Dissenting opinions: justice opinion outlining reasons of the majority, in their opinion, was wrong

Roles and responsibilities of trial judges (Before trial)

• before the trial

  • sufficient probable cause to issue search and arrest warrants

  • defendants held in custody until trial

  • set bail amounts

  • pretrial motions from prosecutors and defense attorneys

  • accept plea bargains

Roles and responsibilities of trial judges (During Trial)

During the trial

• make sure legal rules are followed and individual rights are observed

• explain to jury points of law affecting the case

• if bench trial, determine guilty or innocence of the defendant

• sentencing- incarceration, probation, or community based corrections

• administrative role: docket: courtroom calendar of cases

Appointment of Judges

Federal: presenident nominates and senate must approve (confirm)

• once seated they serve a life term

State: most are elected

Patronage issues: appointed or elected judges typically obtain their positions due to political affiliation

French judicial systems: judges must pass two exams to include written tests and oral questioning, the process can last for up to four days, sometimes only 5% of applicants succeed

Election of judges

• partisan elections: judicial candidate declares allegiance to a political party

• nonpartisan election: candidates do not affiliate with a political party

• Missouri plan: candidate nominated by a nonpartisan party committee

• three most qualified sent to the governor, and they select a judge

• one year after being seated, hold a retention election for the general public

Judicial Accountability

• recalled: signature and voting process

• Judicial Conduct Commission: in most states, investigates charges of judicial misconduct

• Impeached: applicable to federal judges, congress can impeach

Diversity on the bench

state courts: people of color and women are still underrepresented in judicial seats

Federal Courts: people of color and women are underrepresented but not to the same extent as state courts

Benefits of diversity: people tend to trust judges that resemble themselves, diversity includes a variety of voices and perceptions

Courtroom Work Group

• judge, prosector, defense attorney, and other court workers

• members

  • bailiff of the court: maintains security, leads defendant in and out of court, tends to jury needs, usually a sheriff deputy

  • clerk of the court: all documents and evidence go through the clerk for logging

  • court reporters: record every word said to create the official court record

Adversary system

• prosecutor and defense attorney represent different sides of the legal issue

• three basic features of the adversary system:

  • neutral and passive decision maker- a judge or jury

  • evidence presented by both parties

  • Highly structured set of procedures that must be followed in the presentation of evidence

  • goal of the adversary system is to win, and the truth is likely to emerge as a byproduct of that victory