Chapter 9 Criminal Justice

Problems with a weak centralized government forced the creation of what during the Constitutional Convention

a federal judiciary and seperate judicial from legislative branch of government

Today we have a dual court system that consists of what

one state court system and one created by Congress and extrusted to the federal court system

Courts don’t make policy their

decisions impact policy

Judical Branch must do what with laws

interpret laws and deal with social issues

Jurisdiction

a court’s legal authority to hear and decide a particular type of case

Lowest level with limited jurisdiction is what courts

state trial courts

The highest level of jurisdiction is the

U.S Supreme Court

Most Cases begin where

Lower Courts

what courts are 85% of all judicial bodies in the U.S

lower courts

The lower courts decide what

restricted range of cases

Lower courts are mainted and created by what

the city or county governments

Most cases heard by lower courts are

nonfelony and civil cases

What are Major Trial Courts

state trial courts of general jurisdiction and judges ride the circuit

What do Major Trial courts hear

serious criminal violations and drug-related offenses

What are speciality courts

used to divert criminal defendants into treatment programs rather than going to jail or prision

what are the types of speciality courts

juvenile, drug, family, mental health, veterans, domestic violence courts

Appeals Courts only have what jurisdiction

appellate

Most Appeals courts hear what types of cases

both civil and criminal appeals

Appeals courts have what for judges

use rotating three judge panels

In Appeals courts the judges choose

which cases they want to hear

at the city, county, and state level the judges are normally what

elected and in a neutral fashion to a four-six year term

How do federal judges get to sit on the supreme court bench

the persident nominates district judges who serve for life and must be confirmed by the senate

U.S District Courts

workhorses of federal judicary and there is at least one per state

What jurisdiction do U.S district courts have

original jurisdiction for all major violations of federal criminal law and appeals froms state supreme courts

There is how many U.S attorneys in each district

one federal prosecutor

The U.S Court of Appeals is known as what

Circuit courts

What is a circuit court

intermediate courts of appeals, hears cases from U.S district courts and federal administrative agencies

The U.S Circuit Court is often the last

word on legal issues and their decions have a great impact in setting legal precedent

The U.S Supreme Court is the

highest court in the nation with ultimate jurisdiction

The Supreme Court is the what intrepreter of the consititutional law

the last and final interpreter

Who many justices are in the U.S Supreme Court

There are nine justices, one chief justice and eight assoicate justices

The U.S Supreme Court divides its time into how many activities

4 seperate but realted

U.S Supreme Court Judges get how much time off

A nine month term

What is the first seperate acitivty of the Supreme Court

Reading through petitions for review of cases, usually during the summer when judges are not sitting to hear cases

What is the second seperate activity of the Supreme Court

time for hearing oral arguments where the bench asks questions to the attorneys and both sides present their clients positions

What is the third seperate activity of the Supreme Court

Priveate discussions of how each justice will vote, each justice will try to convince the others to vote their way

what is the fourth seperate activity of the supreme court

block of time for writing their opinions that are 40 pages long and cite past laws

Writ (order) of certiorari

an order from a higher court directing a lower court to send the record of a case for review

How does the court consider requests for write of certiorari

the rule of four

what is the rule of four

if four justices decidced to review a case the court will hear the case

Clerk of the Court

serves as chief administrative officer

Marshal of the Court

supervises building operations

Reporter of decisions

oversees printing and publication

Booking

taking the suspect to get fingerprinted, photographed, record tatoos and piercings, read their rights, questioned, incarcerated or relaesed,

Initial Apperance

judge gives defendant notice of charges, advises suspect of rights, attorney is assigned, and sets bail

What can bail be

a promise that you will return, or money that you will pay the court that they give you back if you come to court

Preliminary Hearing

judge decides if there is probable cause to go to trial, both sides offer evidence and witnesses

Some states can avoid pretrial hearings but federal requires

pretrial hearings and grand jury

Grand Juries

up to 30 people sit on the grand jury, the prosecutor comes and gives evidence to the grand jury, if there is enough then there is an indictment

True Bill

there is enough evidence for an indictment

No Bill

not enough evidence for an indictment

Arraignment

formal charges, accused enters formal plea; not guilty, guilty, or no contest

Not Guilty

defendant claims innocence

Guilty

defendant convicted without trial

No contest

“nolo plea” avoids trial, but plea cannot be used against them in civil cases

Plea Negotiation

defense and prosecutor get together to come up with a deal, defendant waives several constitutional protections

Jury Trials

sixth amendment guarentees defendant a trial by impartial jury of peers (felonies), 12 jurors and 2 alternates selected

A jury must be unanimous or else

the judge can make them go back inside and convince the others or the jury is hung and there is a mistrial

Pretrial Motions

defendant or prosecutor may file pretrial motions/processes to be better positioned

What are some defense motions

supress evidence, to reduce bail, to change venue, delay trial (continuance)

Discovery

exchange of prosecution and defense, prosectuion has to sahre all evidence, even evidence that proves not guilty

Right to a speedy trial

purpose is to make sure no one is purposely delaying the trial

Trial Process

opening statements, prosecution’s case, motion to dismiss, defense’s case, prosecution rebuttal, closing arguments, jury instruction, jury deliberations and verdict, posttrial motions, sentencing, and appeal