Chapter 7: Court Structure and Participants

judicial review

allows higher courts to review the decisions of lower courts

judicial activism

variation from the clear meaning of the text, allows for broad interpretation

court process

• separation of government branches ensures judges are free to make decisions without political influence

• relies on the Constitution to set standards to ensure rights are protected

• judges decide cases based on interpretation of the Constitution within context of historical, societal, and technological events

dual court system

separate system for federal and state levels

federal courts

• this law in almost all cases trumps state law

• state supreme courts interpret and decide constitutional issues arising from each of the sovereignties, unless a federal issue is involved

• will not hear cases involving state laws, unless the laws conflict or the issue is appealed as a constitutional matter

• represent one branch of government established by the Constitution

• all felony prosecutions must be initiated by indictment and are used in more serious cases

writ of certiorari

order to send documents from a lower court to an appellate court for review

jurisdiction

refers to a court’s authority to hear certain types of cases; varies accordingly to the type of case and action

US Supreme Court

• highest court in the federal system

• established by Judiciary Act of 1789

• one chief justice and eight associate justices

• justices appointed by the president

• lifetime appointment

• discretion in cases

• en bane: a case heard by the full court

US court of appeals

• patent laws and appealed decisions from the Court of International Trade, Court of Federal Claims, and the US Court of Appeals for Veterans Claims

• 94 judicial districts

• specialized courts - International Trade and Federal Claims

federal district courts

jurisdiction over civil and criminal cases

court of last resort

final court with appellate authority in a given court system

state courts

• similar pattern to federal system

• State Supreme Courts are the courts of last resort for the majority of state laws

• begin more commonly with an information or complaint

state appellate courts

• intermediate courts between the trial courts and supreme courts

• determination on all filed cases and many of these cases are filed pro se

• number of judges serving varies from state to state (most common is 3)

pro se

without legal representation

trial courts

may be general or limited jurisdiction (felony, district, circuit, superior courts)

• general jurisdiction hears serious criminal and civil cases

• operate under rules of evidence established by procedural law

indictment

results from grand juries that are assembled to hear evidence deciding whether or not a person should be charged with an offense

information

formal accusation issued by prosecutors

federal felony case flow

• US attorney presents evidence to grand jury

• if charged, arraignment then appeal (if filed)

• Court of Appeals reviews for legal errors only

• if a constitutional issue exists, may petition for SCOTUS to hear the case

state felony case flow

• usually begins at state district court

• convicted defendants may appeal if the judge made a procedural error

• if a prejudicial error was made, appellate court may reverse and remand the case

• if constitutional issue is involved, may proceed to state supreme court to SCOTUS

specialized courts

• specific offenses and offenders

Drug Courts

• implemented in 1989

• offender assessment, judicial interaction, monitoring and supervision, graduated sanctions and incentives, treatment services

Domestic Violence Courts

• for intimate partner/domestic violence

• 1990s

• processes cases more efficiently by focusing on rehabilitation and deterrence

• collaboration in these courts occurs among judges, healthcare workers, police, prosecutors, and treatment providers

• victim safety and offender accountability

Veterans Treatment Courts

• first begun in 2008 in Buffalo, New York, to assist to returning servicemen and servicewomen and mental health disorders who face criminal prosecution

• one judge and interdisciplinary team

• expanded courtroom work group and mental health professionals or peers

• treatment plans

role of judges

• hearings and trials in courtroom

• determine appropriate conduct, appropriate evidence, correct procedures

• oversee trial proceedings

• sentencing

• double jeopardy and appeals

bench trials

judges hear the evidence without a jury present and make a ruling on guilt or innocence

qualifications of a judge

• state residency

• license to practice law

• member of the state bar

• age 25-70

Missouri plan

attempts to eliminate politics from the selection process of choosing judges

First Black Attorney in US

Macon Boling Allen - 1844

First Black Judge in US

1945

First Black Supreme Court

Thurgood Marshall - 1967

Judiciary technology

• electronic filings

• electronic documents

• online dockets

• electronic evidence

• electronic management systems

How many Supreme Court Justices have been women?

4 out of 112