Chapter 7: Courts, Prosecution, and Adjudication

Federal courts

Deals with people accused of violating the laws of the national government.

State Courts

Each state has its own courts and no two are alike.

State Supreme Courts

The highest court within a state.

U.S. Supreme Court

The highest court in the land made up of 9 judges appointed by the president with approval of congress.

last resort

The final court for all cases tried in federal and state courts.

Tribal Courts

Courts that handle legal matters for Native American tribes.

Courts of Limited Jurisdiction

Courts that oversee misdemeanors and conduct preliminary investigations of felony charges.

Courts of General Jurisdiction

Courts that oversee serious felony cases and civil cases with damages over a specified amount.

Appellate Courts

Courts that reconsider a case that has been tried.

Problem-Solving Courts

Courts that address social problems.

Drug Courts

Courts that mainly focus on treatment and deal with court supervision in a collaborative approach.

Domestic Violence Courts

Courts that help address offenders' issues related to domestic violence.

Mental Health Courts

Courts that mainly focus on treatment for individuals with mental health issues.

Veteran's issues

Courts that overlap with other problem-solving courts and focus on assisting veterans.

U.S District Court

Court with jurisdiction over violations of federal law.

homicide

A serious crime involving the unlawful killing of another person.

property maintenance

Legal cases related to the upkeep and management of property.

social problems

Issues that affect society and require legal intervention.

charges dismissed

A legal outcome where a case is dropped and no further action is taken.

inter-state lawsuits

cases where federal government is a party to the suit

Judge

has the primary duty and oversee the trial process

bench trial

a trial where judges decide cases

sentence determination

Judges determine the sentence except in capital cases

judicial discretion

Judges receive a certain amount of discretion in performing these tasks

setting bail

Judges must do so according to the law

Prosecutor

represents the public in criminal trials

Prosecutorial Discretion

When prosecutors have decision making power, they do not solely base their decisions on formal policies and role conceptions

Pros of Prosecutorial Discretion

improves justice process by preventing rigid implementation of the criminal law

Cons of Prosecutorial Discretion

Can lead to abuses that result in the abandonment of the law, politics can also play a role in decision making

Trial counsel for the police

they reflect the views of law enforcement in the courtroom and take a crime-fighter stance in public

House counsel for the police

These prosecutors give legal advice so that arrest will stand up in court

Types of Prosecutors

U.S. Attorney, Federal Prosecutor, Attorney General

Prosecutor Interactions in Decision Making

Key relationships of the prosecutors: Police, Victims and Witnesses, Judges and the courts, The community

1st Factor in Prosecutor Decision Making

Is it legal? Is there probable cause that the defendant committed the crime?

2nd Factor in Prosecutor Decision Making

Is it practical? If the case goes to trial, will there be sufficient evidence to convict the defendant?

3rd Factor in Prosecutor Decision Making

Is it equitable? Should the defendant be charged with the crime?

Prosecutorial Misconduct

Examples include making disruptive statements in court, failing to adhere to the sentence recommendations after a plea bargain, withholding evidence that may exonerate a defendant or make a defendant guilty

Defense Attorney

a counterpart of prosecuting attorney in criminal justice

constitutional right to counsel

The accused has a constitutional right to counsel (6th amendment)

public defender

may be assigned by court if the defendant is indigent

Types of Defense Attorneys

Public Defender, Assigned Counsel, and Private Attorney

Inadequate/Incomplete counsel

would involve refusal to meet with client, fail to cross-examine witness, fail to investigate case, poor advice to client, misjudge admissibility of evidence, conflict of interest between co-defendants' counsel

incarceration rates

Of those found guilty, incarceration rates are higher for defendants who have appointed counsel than those who paid for their own counsel

Function of the Courts

Prosecution, Defense, Judge