Criminal Justice Quiz 3

Article III of US Constitution 

• Established judicial branch of the US government 

• Created the Supreme Court 

• Mandated the Creation of lower courts (the authority of creating lower courts was given to Congress) 

Judiciary Act of 1789

• completed the development of the federal court system

• Established 3 levels of courts: Supreme, Circuit Courts (appeals), District Courts

Judicial Review

The courts have the power to declare a law as unconstitutional

• established in the Judiciary Act and confirmed in Madison v Marbury 

How Federal Judges are Appointed 

They are nominated by the president and approved by the Seante (a majority of 51 votes is needed but now we have batch voting)

Dual Court System

There are federal courts and state courts, however, federal court decisions override those made by states 

The Supreme Court (# of judges, term limits, what they do)

• 9 judges 

• No term limit - removed by death, retirement, or impeachment 

• They review cases from lower federal courts or state supreme courts

  • hear appeals that allege a person’s constitutional rights have been violated

  • Only 1-2% of cases are accepted

  • A writ of certiorari is issued for cases that at least 4 justices agree to hear 

  • The majority of cases are decided without oral arguments (vote on whether to reverse a ruling after reviewing written arguments) 

Strict Interpretation Ruling Style

Literal interpretation of the constitution based on the original meaning of the text

Judicial Activism

Perceived deviation from the original meaning of the text, taking into account cultural, social or scientific implications

Upheld

When the Supreme Court affirms lower court ruling

Overturned/Reversed

Overrules lower court

Injunction

Court order to stop or compel an action

Struck Down

declares law/action unconstitutional or invalid

Remanded

Sent back to lower court for further review or action

Granted Standing (Per Curiam)

Court allows case to proceed without full opinion

Federal Courts of Appeals (what they do, how many)

• Hear appeals of decisions made by federal district courts 

• There are 13 federal appellate courts (12 of them represent regional circuits and 1 of them represents the federal circuit)

• They consist of a three judge panel and cases are decided by a majority vote

• about 50,000 appeals/year

How Cases Reach the Courts of Appeals

1. Trial in district court 

2. notice of appeal (filed within 30 days for civil or 14 days for criminal)

3. record and briefs: appellate court gets information

4. Oral Argument between 3 judges

5. Decision between 3 judges (80% affirmed)

6. Further Appeal to Supreme Court (granted 1% of the time)

7. Criminal Focus: appeals often challenge sentencing, evidence admissibility, or constitutional violations 

US v. Otero

Edwin Otero led a violent drug trafficking ring on Cape Cod, distributing heroin/cocaine; involved assaults, etc. He was convicted to life + 20 years, and he appealed, arguing evidentiary errors (improper gang affiliation). The appeal decision was an affirmed conviction and sentence and reinforced a tough stance on opioid trafficking in New England. 

Federal District Courts (what they do, how many, # of cases processed in 21-22)

• Trial court cases in which federal law has been violated (drug trafficking, mail fraud, racketeering, money laundering, hate crime)

• 94 around the country

• 330,000 cases processed in 2021-2022

Judicial process in a federal criminal case

• A federal prosecutor presents the evidence in a case to a grand jury 

• If the jury believes there is probable cause that they committed the crime, and indictment is filed against them 

• At an arraignment, the defendant is asked to enter a plea 

• If the defendant pleads “not guilty“ a trial will take place

3 Types of State Courts and What They Do

Trial Courts

• Hear cases related to violations of state law that occur in their jurisdiction (misdemeanor of felony cases) 

Intermediate Appellate Courts 

• Hear appeals of decisions made by trial courts and determine if law was interpreted wrong

• about 1,500 appeals/year

Supreme Court 

• Hears appeals of decisions made by intermediate appellate courts 

• Similar to US Supreme court and can decide which cases to hear 

Why do cases go to the federal appellate courts vs the state supreme/appellate courts?

• Federal courts deal with appeals from federal district courts that involve federal law

• Stay in state courts when it has to do with state laws, state constitutional claims, local maters, and final authority

  • Commonwealth v Carter (MA manslaughter conviction for encouraging suicide)

Problems with court congestion and trial delay

• defendants and victims have to wait a long time for case to be resolved 

• If the defendant is not released on bail resources have to be devoted towards them 

• An innocent person may be confined in jail for a long time 

• Defendants who are released on bail may commit other crimes 

Problem Solving Courts

• Designed to process particular types of offenders and are intended to divert individuals from incarceration 

• Does not deal with chronic offenders 

• Focus on the root cause 

• It is collaborative between the judge, prosecutor, attorney, etc

Drug Courts

A problem-solving court that processes offenders whose crimes were influenced by the consumption of drugs. About 3,500 of these courts across the US. Results in drug rehabilitation 

Sexual Violence Courts

Problem-solving courts that ensure that the victim is safe, and the offender is held accountable and receives the treatment needed to stop engaging in violence. CAn petition for protective order/injunctions. About 300 courts across the country. 

Mental Health Courts

Problem-solving court that processes people who are exhibiting signs of mental illness. Results in a treatment plan. 450+ of these courts.

Veterans Courts

Address specific issues that compel military veterans to engage in criminal behavior. 600+ of these courts.

How judges are selected

Federally: appointed by the president and confirmed by the governor

States: In some, they are appointed by the governor, and in others, they are elected by the public

• In Massachusetts, the judges are appointed by the governor

• Little difference in competence/perception of legitimacy between appionting and electing judges

Duties of Judges

• determine which evidence can be used against the defendant

• Enforce standards of conduct inside the courtroom 

• Oversee court proceedings 

• Determine the sentence for defendants who are convicted 

• Impose conditions of supervision after conviction when appropriate 

• They determine guilt or innocence when there is no jury

Women in the Court Room

only 30% of federal district court judges and only 26% of federal appeals court judges are women. Only 6 women ever on the Supreme Court 

African Americans in the Court Room

The first federal judge was appointed by Harry Truman in 1945 (Irvin Mollison)

About 10% of federal judges are African American

Hispanics in the Court Room

First federal judge appointed in 1961 and only one ever in the US Supreme Court.

About 7% of federal court judges are Hispanic