Chapter 9: Nine courts, crime and correctional policy

Judicial policymaking

Courts make public policy by resolving conflicts and interpreting laws and constitutions.

State courts

Courts that handle about 98 percent of all cases in the United States, including robberies, divorces, traffic violations, and family disputes.

Judicial style of decision making

A policymaking process in courts that differs from legislative and executive decision making through passivity, legal procedures, and objectivity.

Passive appearance

The characteristic of courts waiting for cases to be brought before them rather than initiating policy decisions themselves.

Case

A court matter involving two disputing parties.

Defendant

The accused party in court.

Plaintiff

The accusing party in court.

Prosecutor

The attorney acting on behalf of the government in a criminal case.

Legal procedures

Formal requirements such as motions, briefs, and oral arguments used in judicial proceedings.

Objectivity in courts

The expectation that judges base decisions on law rather than partisan politics or compromise.

Statutory law

Laws passed by legislatures.

Common law

Legal traditions developed through court cases dating back to England.

Civil cases

Disputes between individuals or organizations that do not involve criminal lawbreaking.

Liability

Legal responsibility for damages caused by civil wrongdoing.

Contingency fees

Attorney payment arrangement where the plaintiff pays nothing unless the attorney wins an award.

Deep pockets

Wealthy parties targeted in lawsuits because they can afford to pay damages.

Pain and suffering awards

Compensation beyond medical costs and lost wages for emotional or physical suffering.

Punitive damage awards

Additional damages intended to punish wrongdoing and deter future misconduct.

Joint and several liability

Legal rule allowing a plaintiff to recover full damages from any defendant involved in causing harm.

Alternative dispute resolution

The use of mediation or arbitration to settle disputes without a formal trial.

Tort

A civil wrong or injury involving private parties.

Loser pays law

Requirement that the losing party in a civil suit pay the winner’s legal fees.

Judicial federalism

State courts interpreting state constitutions to expand rights beyond the U.S. Constitution.

Court shopping

The strategy of seeking a court most favorable to one’s legal argument.

Supremacy Clause

Constitutional principle establishing that federal law and the U.S. Constitution override state law.

Incorporation

The process of applying most Bill of Rights protections to the states through the Fourteenth Amendment.

Due Process Clause

Part of the Fourteenth Amendment used to apply constitutional protections against state governments.

Gitlow v. New York (1925)

Supreme Court case incorporating freedom of speech and press against the states.

Amicus curiae

“Friends of the court” who submit written arguments in a case though not directly involved.

Unified court system

A state court system organized as one administrative unit.

Trial courts

Courts that first hear cases and determine verdicts.

Appellate courts

Courts reviewing lower court decisions for legal errors.

Trial courts of limited jurisdiction

Courts handling traffic cases, misdemeanors, family disputes, and small claims.

Felony

Serious crime punishable by at least one year in prison.

Misdemeanor

Minor crime punishable by less than one year in jail or a fine.

Bench trial

Trial decided by a judge without a jury.

Jury trial

Trial in which a jury determines guilt or innocence.

Small claims court

Informal court where parties present disputes directly to a judge without lawyers.

Problem solving courts

The use of mediation or arbitration to settle disputes without a formal trial.

Trial courts of general jurisdiction

Courts handling major criminal and civil cases.

Criminal cases

Cases brought by the government against persons accused of violating the law.

Petit jury

Jury deciding guilt or innocence in a trial.

Grand jury

Jury investigating crimes and issuing indictments.

Peremptory challenge

Lawyer’s right to reject a potential juror without stating a reason.

Public defender

Attorney provided by the state for defendants who cannot afford legal counsel.

State supreme court

Highest appellate court in a state judicial system.

Panel

Small group of appellate judges assigned to hear a case.

En banc

Hearing where all judges of an appellate court participate.

Discretionary jurisdiction

Authority allowing appellate courts to choose which appeals to hear.

Mandatory jurisdiction

Requirement that appellate courts hear certain appeals defined by law.

Appointment retention judicial election plan (Missouri Plan)

The process of applying most Bill of Rights protections to the states through the Fourteenth Amendment.

Retention election

Election in which voters decide whether to keep or remove a judge from office.

Interim appointment

Appointment made to fill a judicial vacancy before the next election.

Judicial activism

Judicial philosophy favoring the creation of new policy through court interpretation.

Judicial restraint

Judicial philosophy favoring deference to legislatures and prior court decisions.

Sentencing

Judge’s determination of punishment for a convicted offender.

Plea bargain

Agreement where a defendant pleads guilty to lesser charges to avoid trial or harsher punishment.

Crime rate

Number of serious crimes reported per 100,000 people.

Violent crime

Crimes against persons such as murder, rape, robbery, and assault.

Property crime

Crimes against property such as burglary, theft, and arson.

Get tough movement

Courts that first hear cases and determine verdicts.

Juvenile crime

Crimes committed by individuals under 18 years old, often handled in juvenile courts.

Miller v. Alabama (2012)

Supreme Court case ruling mandatory life without parole for juveniles unconstitutional.

Hate crimes

Crimes motivated by bias against race, religion, ethnicity, gender, disability, or sexual orientation.

Victimization rate

Measure based on surveys asking people whether they were victims of crime.

County sheriff

Elected county law enforcement official responsible for policing, courts, and jails.

State police

Centralized statewide law enforcement agency responsible for highway patrol and broader policing duties.

City police

Local law enforcement agencies responsible for public safety and enforcing laws within cities.

Federalist Society

Conservative legal organization promoting judicial restraint and original interpretation of the Constitution.

Republican Party of Minnesota v. White (2002)

Supreme Court case protecting judicial candidates’ free speech rights during campaigns.

Caperton v. Massey Coal Company (2009)

Supreme Court case requiring judges to recuse themselves when campaign contributions create serious risk of bias.

Judicial conduct commissions

State bodies that investigate and recommend discipline for judges.

Legislative address

Legislative procedure allowing removal of judges with legislative approval.

Recall procedure

Process allowing voters to remove judges through petition and election.