Structure and Function of State Courts

Representative Decisions

Judges' ability to reflect community values in rulings.

Peremptory Challenges

Exclusions of jurors without stated reasons.

Law of Succession

Rules for property transfer after death.

Interrogatories

Written questions answered under oath.

Trial Courts of Limited Jurisdiction

Handle minor cases; impose small fines and sentences.

Not Courts of Record

Proceedings not recorded; appeals lead to new trials.

Cultural Influence

Trials differ based on local norms and community.

Policymaking Issues

Includes school spending, voting, and civil liberties.

Workload

Millions of cases tried at state court level.

Gubernatorial Appointment

Judges appointed by the governor, often politically influenced.

Campaign Financing

Increased spending in judicial elections post-1980.

Special Interest Groups

Organizations influencing judicial elections through funding.

DeVesa v Dorsey

Case challenging constitutionality of senatorial courtesy.

Senate Judiciary Committee

Reviews judicial nominations before Senate vote.

Booking Process

Recording arrest facts, photographing, and fingerprinting.

Grand Jury

16-23 citizens deciding on indictments.

Preliminary Hearing

Alternative to grand jury for probable cause.

Prosecution's Case

Presentation of evidence against the defendant.

Role of Jury

Decides case based solely on evidence.

Jury Instructions

Guidance provided by the judge to jurors.

State Courts

Different organization and jurisdiction across states.

Statutory Law

Extensive at state level; handles more cases.

State Constitutions

Interpreted by state courts; broader citizen protections.

General Jurisdiction Trial Courts

Handle serious criminal and civil cases.

Appellate Function

Some general jurisdiction courts review lower court decisions.

Courts of Record

Proceedings recorded; varies in naming by state.

Intermediate Appellate Courts

Relieve workload of highest state courts.

Statewide Jurisdiction

Intermediate appellate courts often have this scope.

Court of Last Resort

Final arbitrators in state law matters.

State Supreme Courts

Some states refer to their highest court this way.

En Banc

Judges sit together for majority vote decisions.

Juvenile Courts

Specialized courts for family and juvenile matters.

Norm Enforcement

Courts maintain social norms and administer regulations.

Courtroom Work Group

Prosecutors, judges, and defense attorneys collaborate.

Judicial Districts

General jurisdiction courts divided into these areas.

Criminal Cases

Handled by state courts, reflecting local norms.

Judges' Majority Vote

Required for decisions in court of last resort.

Judicial Roles

Influence of judges' interpretations and political pressures.

Alternative Dispute Resolution (ADR)

Court-connected methods for resolving disputes outside court.

Support Staff

Includes magistrates, court clerks, and administrators.

Gavel Gap

Disparity in racial, ethnic, and gender diversity.

Selection Processes

Methods used to choose state judges.

Partisan Election

Judges elected based on political party affiliation.

Nonpartisan Election

Judges elected without party affiliation influence.

Merit Selection

Combination of elections and appointments for judges.

Retention Elections

Judges evaluated after a brief term for re-election.

Legislative Confirmation

Judges confirmed by the state legislature.

Judicial Independence

Judges' ability to make decisions free from external pressures.

Diversity Goals

Aim for varied backgrounds in judicial appointments.

Voter Recall

Process allowing voters to remove judges from office.

Mandatory Retirement

Requirement for judges to retire at a certain age.

Impeachment

Legislative process to remove judges for misconduct.

Malfeasance

Improper conduct by judges leading to potential recall.

Pro-Democracy Sentiment

Historical support for public involvement in judicial elections.

Elective Judiciary

Judges elected to maintain public accountability.

Reelection Pressure

Judges may impose harsher sentences near elections.

PAC Contributions

Political Action Committees fund judicial campaigns.

Senatorial Courtesy

County senators can veto judicial nominations.

Judicial Shortage

Insufficient judges causing case delays and backlogs.

Mandatory Retirement

Judges in NJ retire at age 70.

Gubernatorial Appointments

Governor nominates judges with Senate approval.

Judicial Vacancies

Over 50 judge seats vacant in NJ during COVID.

Backlogged Cases

93,000 cases pending in NJ courts in 2021.

Chancery Cases

Non-monetary civil suits bypassing traditional courts.

Judicial Elections

Campaigning influences judicial impartiality and decisions.

Harsher Sentencing

Judges sentence more punitively under election pressure.

Divorce Case Delays

Children affected by prolonged divorce proceedings.

Political Influence

Businesses fund judges for favorable litigation outcomes.

Judicial Impartiality

Desire for unbiased judges in political appointments.

Judicial Tenure

Judges serve 7 years before potential renominations.

Election Ads Impact

TV ads reduce likelihood of favorable defendant rulings.

Senate Confirmation

Senate must confirm judicial nominees post-nomination.

Judicial Campaign Funding

Funding from parties for specific political issues.

Trial Delays

Certain trials halted due to judge shortages.

Judicial Term Length

Judges initially serve 7 years, then tenure.

NJ State Bar Membership

Requires minimum of 10 years experience.

Judicial Review Process

NJ State Bar rates lawyers and judges.

Criminal Trial Priority

Criminal trials prioritized during shortages.

Definition of a Crime

Action violating statute, punishable by law.

Felonies

Serious crimes punishable by imprisonment or death.

Misdemeanors

Minor crimes, less than one year confinement.

Conventional Crimes

Includes property crimes and violent offenses.

Syndicate Crimes

Organized crimes by groups, like drug trafficking.

Economic Crimes

Fraud and theft costing billions annually.

Political Crimes

Offenses against government, like treason.

Consensual Crimes

Victimless crimes like gambling and drug use.

Actus Reus

Physical act constituting a crime.

Mens Rea

Mental state or intention behind a crime.

Injury in Crime

Specific harm caused by criminal act.

Causal Relationship

Proof that act caused the injury.

Arrest with Warrant

Requires magistrate's probable cause approval.

Arrest without Warrant

Occurs when crime witnessed by officer.

Miranda Rights

Rights read to suspects upon arrest.

Bail Determination

Magistrate sets bail amount based on discretion.

Release on Recognizance

Pledge to appear in court without bail.

Grand Jury Hearing

5th Amendment guarantees trial by grand jury.

Supreme Court

Highest court determining constitutional rights.

Fundamental Liberty

Essential rights perceived for citizens' freedom.

Indictment

Formal charge by the grand jury.

No-bill

Decision not to proceed with prosecution.