CJ101: Ch.8

Identify the type of court structure in the United States, and describe its various components.

The United States has a dual court system—a separate judicial system for each of the states and a separate federal system. The only place where the two systems “connect” is in the U.S. Supreme Court. The federal court system is composed of U.S. district courts, U.S. circuit courts of appeals, and the U.S. Supreme Court. The state court system consists of trial courts of limited jurisdiction, trial courts of general jurisdiction, intermediate appellate courts (in most states), and state courts of last resort

Summarize the purposes of courts

The purposes of courts are (1) to do justice, (2) to appear to do justice, (3) to provide a forum where disputes between people can be resolved justly and peacefully, (4) to censure wrongdoing, (5) to incapacitate criminal offenders, (6) to punish offenders, (7) to rehabilitate offenders, (8) to deter people from committing crimes, (9) to determine legal status, and (10) to protect individual citizens from arbitrary government action.

Identify the type of court structure in the United States, and describe its various components.

The United States has a dual court system—a separate judicial system for each of the states and a separate federal system. The only place where the two systems “connect” is in the U.S. Supreme Court. The federal court system is composed of U.S. district courts, U.S. circuit courts of appeals, and the U.S. Supreme Court. The state court system consists of trial courts of limited jurisdiction, trial courts of general jurisdiction, intermediate appellate courts (in most states), and state courts of last resort

Summarize the purposes of courts

The purposes of courts are (1) to do justice, (2) to appear to do justice, (3) to provide a forum where disputes between people can be resolved justly and peacefully, (4) to censure wrongdoing, (5) to incapacitate criminal offenders, (6) to punish offenders, (7) to rehabilitate offenders, (8) to deter people from committing crimes, (9) to determine legal status, and (10) to protect individual citizens from arbitrary government action.

Identify the most powerful actors in the administration of justice, and explain what makes them so powerful

Prosecutors are the most powerful actors in the administration of justice because they conduct the final screening of all persons arrested for criminal offenses, deciding whether there is enough evidence to support a conviction, and because, in most jurisdictions, they have unreviewable discretion in deciding whether to charge a person with a crime and prosecute the case.

Summarize the types of attorneys available to a person charged with a crime

People charged with crimes may have privately retained counsel, or if indigent, they may have court-appointed attorneys, public defenders, or “contract” lawyers, depending on which is provided by the jurisdiction.

Describe the responsibilities of a judge.

Judges have a variety of responsibilities in the criminal justice process. Among their nontrial duties are determining probable cause, signing warrants, informing suspects of their rights, setting and revoking bail, arraigning defendants, and accepting guilty pleas. Judges spend much of the workday in their chambers, negotiating procedures and dispositions with prosecutors and defense attorneys. The principal responsibility of judges in all of those duties is to ensure that suspects and defendants are treated fairly and in accordance with due process of law. In jury trials, judges are responsible for allowing the jury a fair chance to reach a verdict on the evidence presented. A judge must ensure that his or her behavior does not improperly affect the outcome of the case. Before juries retire to deliberate and reach a verdict, judges instruct them on the relevant law. In addition, in jurisdictions without professional court administrators, each judge is responsible for the management of his or her own courthouse and its personnel, with the added duties of supervising building maintenance, budgets, and labor relations.

Describe the purposes of an initial appearance.

At the initial appearance—the first pretrial stage—defendants are given formal notice of the charges against them and are advised of their constitutional rights. For a misdemeanor or an ordinance violation, a summary trial may be held. For a felony, a hearing is held to determine whether the suspect should be released or whether the suspect should be held for a preliminary hearing

Explain what bail is, and describe the different methods of pretrial release.

Bail is usually a monetary guarantee deposited with the court that is supposed to ensure that the suspect or defendant will appear at a subsequent stage in the criminal justice process. Different pretrial release options include station-house bail, surety bonds, full cash bonds, deposit bonds, release on own recognizance (ROR), conditional release, and unsecured bonds.

Describe what a grand jury is, and explain its purposes.

A grand jury is a group of generally 12 to 23 citizens who, for a specific period of time, meet in closed sessions to investigate charges coming from preliminary hearings or to engage in other responsibilities. A primary purpose of the grand jury is to determine whether there is probable cause to believe that the accused committed the crime or crimes with which he or she is charged by the prosecutor. Other purposes of a grand jury are to protect citizens from unfounded charges and to consider the misconduct of government officials.

Describe the purposes of the arraignment and the plea options of defendants.

The primary purpose of arraignment is to hear the formal information or grand jury indictment and to allow defendants to enter a plea. Plea options include “guilty,” “not guilty,” and in some states and the federal courts, nolo contendere. In some states, defendants can also stand mute or can plead “not guilty by reason of insanity.”

Describe the interests served and not served by plea bargaining.

Plea bargaining seemingly serves the interests of all the court participants by, among other things, reducing uncertainty about the length or outcome of trials. Plea bargains serve prosecutors by guaranteeing them high conviction rates; judges by reducing court caseloads; defense attorneys by allowing them to avoid trials and spend less time on each case; and even some criminal offenders by enabling them to escape a prison sentence altogether, to receive a lesser sentence than they might have received if convicted at trial, or to escape conviction of socially stigmatizing crimes. Two types of criminal offenders are not served by plea bargaining: (1) innocent, indigent defendants who fear being found guilty of crimes they did not commit and receiving harsh sentences and (2) habitual offenders.

List and define the stages in a criminal trial.

The stages in a criminal trial are as follows: (1) in jury trials, selection and swearing in of the jury; (2) opening statements by the prosecution and the defense; (3) presentation of the prosecution’s case; (4) presentation of the defense’s case; (5) rebuttals, cross-examination, and reexamination of witnesses; (6) closing arguments by the defense and the prosecution; (7) the judge’s instructing, or charging, the jury; and (8) deliberation and verdict.

Explain the different roles of judges in adversarial and inquisitorial trial systems

In adversarial systems, trial judges, who in the American system are selected or elected from among practicing attorneys, have a relatively passive role and act as referees, making sure that the defense and prosecution follow the rules and that due process is respected. The inquisitorial system, by contrast, relies on professional judges, who, in some countries are called prosecutors or inquisitors and are a part of a career judiciary that is trained specifically for the bench. They have an active and overarching role, typically directing and supervising the police’s pretrial collection and preparation of evidence and sometimes conducting investigations themselves, interrogating witnesses, presenting evidence at trial, and ensuring an outcome based on the merits of the case.