Criminal Courts Module 2

court

an institution that the government sets up to settle disputes through a legal process

adjudication

to hear and settle a case by a judicial proceeding

jurisdiction

the persons over whom the court has power and the subject matter over which a court can make a legally binding decision

geographical jurisdictions

the court’s entitlement to hear and decide disputes arising within specified political boundaries

subject matter jurisdiction

the types of cases the court is entitled to hear

original jurisdiction

the court’s power to try a case and issue a ruling

appellate jurisdiction

the court’s authority to review decisions made by a lower court

state courts (limited jurisdiction)

aka “lower court,” limited jurisdiction, more of these in the US than any other court. specialized courts, local level

state courts (general jurisdiction)

aka “felony, superior, or circuit courts",” operated by the state and are located in each county seat. handle serious felony cases and larger civil matters, hears appeals from the LJ courts

state courts (appellate)

responsible for hearing appeals from the GJ courts, some states have two levels: intermediate and state supreme

federal courts

hear cases in which: the US is a party, cases involving violations of the Constitution or law passed by Congress, cases involving citizens of different states, and some special types (bankruptcy and patents)

federal courts (district courts)

trial courts for the federal system, hears fewer than 100,000 federal cases each year, 94 of these through the US, hears cases on violations of federal law

federal courts (US court of appeals)

aka “US circuit courts,” 12 of these (11 for state, 1 for DC), review cases from federal district courts and state appellate courts, cases are heard by a panel of 3 judges

federal courts (US supreme court)

highest appellate body in the US, hears appeals from the US circuit courts, comprised of 9 justices with lifetime appointments (appointed by the president and approved by congress)

writ of certiorari

a court process to seek judicial review of a decision of a lower court or government agency

court of appeals

appeals can ONLY be filed if the defendant believes a legal error has occurred or their constitutional rights were violated

judges

referees in the trial process. their duties are: make rulings on appropriate conduct of courtroom actors, guide questioning of witnesses, oversees juries, decides the case, sentencing, oversees courtroom personnel

the missouri plan

judicial nominating committee, governor appoints, then one term later election for the public

prosecutor

represent the state in cases against defendants. responsibilities include investigating and charging decisions, interviewing witnesses, reviewing warrants and subpoena witnesses, conduct pretrial hearings and negotiate plea bargains, conduct criminal trials, provide sentencing recommendations. most powerful member of the courtroom workgroup

defense attorney

individuals who represent defendants in court. privately retained or publicly provided. specific functions include interviewing the client, police, and any possible witnesses, represent the client in pretrial and trial procedures, negotiate plea deals with prosecutors

juries

a group of citizens who determine whether a defendant is guilty of the charge

venire

group selected for jury duty

voir dire

process in which potential jurors are questioned by prosecutor and defense