chapter 4: court organization and structure

alford plea

a plea in which the defendant enters a guilty plea but denies having committed the crime to which they are pleading

appellate jurisdiction

the power of a court to review a decision of a lower court

appointment

the oldest method of selecting judges by the chief executive of the jurisdiction (the president of the US or the governor of individual states); all 13 of the original colonies used it, and it is used today in the federal system and about 20 states

arraignment

the stage in the pretrial process when the defendant enters a plea

arrest

occurs when a reasonable person would conclude that the police in some way had restrained their liberty so that the person was not free to leave

article 3 courts

courts established under the authority of article 3 of the constitution

attorney general

an administrator who sets prosecution priorities for deputy attorneys general

bailiff

usually an armed peace officer (often a sheriff’s deputy) whose job is to maintain order in the courtroom and transport incarcerated defendants to and from court proceedings; at the federal level, bailiffs are US marshals

bench trials

trials in which a judge, rather than a jury, renders a decision between two panels of justices, involving the same legal issue

booking

an administrative procedure involving the entry into the police blotter of the suspect’s name, arrest time, offense charged, and the taking of fingerprints and photographs

challenge for cause

during the jury selection process, the method used by the prosecutor or the defense attorney to remove impartial prospective jurors from the jury pool; jurors can be removed if there is evidence that they are biased against one side or the other or if they have made up their minds about the defendant’s guilt or innocence prior to hearing the evidence in the case

closing argument

the statement given by a defense attorney or prosecutor at the end of a trial (after all evidence has been presented) that summarizes the case to the judge or jury and reinforces the arguments made by either side

complaint

the criminal process may begin with the filing of a complaint; it may be filled out by a police officer, prosecutor, or private citizen; if an arrest is made first, a complaint will be sworn out afterward, usually by the arresting officer; the complaint serves as the charging document for the preliminary hearing

court administrator

individual responsible for facilitating the smooth flow of cases; they maintain the court records, schedules cases for hearings and for trial, and manages court personnel

court clerk

someone who maintains the records of all cases, prepares the jury pool, issues summonses for jury duty, and subpoenas witnesses who will testify at trial

court of appeals act of 1891

act of Congress that created the circuit courts of appeal, a new layer of intermediate appellate courts that would hear appeals from the district courts, and gave the Supreme Court more discretion in deciding which cases to hear

court reporter

someone whose job it is to record all the court proceedings and to produce a transcript of the trial

courtroom work group

the officials — judge, prosecutor, defense attorney, and courtroom support staff — who work together day after day to process the criminal and civil cases that come before the court

cross-examination

questioning that follows the direct examination of a witness; the attorney who did not call the witness to the stand has an opportunity to question the witness about statements made during the direct examination

defense attorneys

attorneys who represent the defendant in a case as effectively as possible while acting within the rules of the court

direct appeal

an appeal by a defendant claiming they did not receive a fair trial; it is allowed by every jurisdiction by statute but is not a constitutional right

direct examination

questioning of a witness by the attorney who called the witness to the stand

discovery

the process by which both parties to a case learn of the evidence the opposing side will use at trial

discovery of citizenship

a situation where the opposing parties are from different states

election

the most commonly used form of judicial selection; the vast majority of state court judges are elected (can be partisan or nonpartisan)

en banc

appeals court justices will sit as a group, consisting of every judge on the court, to clear up any conflicting decisions

expert witnesses

witnesses relied on to introduce scientific and other complicated forms of evidence

general jurisdiction

a court that has the authority to hear a variety of cases; not limited to one type of case

geographic jurisdiction

the authority of courts to hear cases that arise within specified boundaries, such as city, county, state, or country

habeas corpus

an indirect appeal that can be made by an incarcerated individual in which the authority of the state to incarcerate the individual is challenged; requires the person to whom the writ is directed to either produce the person challenging their confinement or release that person from custody (a document challenging the legality of a person’s detention)

hierarchical jurisdiction

the dividsion of responsibilities and functions among the various courts

impeachment

formal process for removing judges; at the federal level, it involves impeachment (or accusation) of a federal judge in the House of Representatives and a trial in the US senate (most states also provide for impeachment of state court judges

indirect appeal

an appeal that does not directly challenge the defendant’s conviction; the primary one is the writ of habeas corpus, which challenges the state's right to incarcerate someone

initial appearance

the first court appearance; once a person is arrested, they must be brought before a magistrate “without unnecessary delay”; here is where bail is set

judges

referees, responsible for enforcing court rules, instructing the jury on the law, ruling on the admissibility of evidence, and determining the law

judiciary act of 1789

created a federal judicial system composed of the Supreme Court (with six justices), three circuit courts, and 13 district (trial) courts

jurisdiction

the authority of a court to hear a case and render a decision

jury instructions

prior to the jury deliberation, the judge instructs jurors about the relevant law and how they are to apply the law in the particular case

jury panel

individuals selected from the jury pool for a particular case

jury pool

the list of names from which actual jurors will be chosen (aka the venire)

lay witnesses

those who are called to testify at trial about what they know of the matter at hand, and who possess no specialized knowledge

limited jurisdiction

the court is limited to hearing only a particular type of cases, such as traffic court, juvenile court, or probate court

magistrate judges

lower level judges who conduct preliminary proceedings in cases before the district court and issue warrants

merit system (missouri plan)

a hybrid method of judicial selection that combines appointment and election; a judicial nominating commission, which is usually concerned of laypersons, lawyers, and judges, screens potential candidates and nominates several individuals (typically three) for the vacant position; the governor then appoints one of the individuals nominated by the commission to the bench; after the initial term and at designated times thereafter, the appointee runs in a retention election in which the voters are asked about whether the judge should be retained or not

no bill

a document reflecting the decision by the grand jury not to vote for an indictment

no contest

also referred to as nolo contendre, means the defendant accepts whatever punishment the court would impose on a guilty defendant but refuses to admit liability; this pelea is frequently used by defendants who fear being exposed to civil liability for their criminal misdeeds

nolo contendre

a plea in which the defendant accepts whatever punishment the court would impose on a guilty defendant but refuses to admit liability; this plea is frequently used by defendants who fear bear being expose to civil liability for their criminal misdeeds; aka “no contest” plea

opening statement

statement given by a defense or prosecutor prior to the introduction of evidence in a trial; the opening statement usually gives an overview of the case and the evidence that will be presented from the point of view of the attorney making the statement

original jurisdiction

the power of the court to hear the case initially and where the trial takes place

peremptory challenge

during the jury selection process, the prosecutor and the defense attorney each have a limited number of peremptory challenges, which they can use excuse prospective jurors from the jury pool without giving reasons for removing them

personal jurisdiction

the authority of a court over a person

preliminary hearing

the stage in the pretrial process during which the judge determines if there is probable cause to believe that an offense was committed and that it was defendant who committed it; if probable cause is established, the defendant is “bound over” for trial; the preliminary examination is a formal adversarial proceeding, conducted in open court

pro se

when defendants serve as their own lawyer and represent themselves

prosecutors

attorneys responsible for prosecuting cases on behalf of the state

public defenders

hired by the state to work for defendants who cannot afford to hire their own lawyers

rule of four

rule that the US Supreme Court justices follow in deciding whether to review a lower court decision; the case will be heard and the writ issued if four of the nine justices agree to hear the appeal

standing mute

refusing to plead; in these instances, the court enters a “not guilty” plea for the defendant, thus preserving the defendant’s constitutional right to trial

subject matter jurisdiction

authority conferred on a court to hear a particular type of case

trial de novo

an appeal for a new trial in the court of original jurisdiction, requested by the losing party of a case

true bill

a document reflecting the grand jury’s decision to indict

venire

the list of names from which actual jurors will be chosen (aka the jury pool)

venue

the same as geographic jurisdiction

voir dire

French for “to see to speak”; the process of questioning a potential juror to determine whether the juror is unbiased and can decide the case fairly and impartially

writ of certiorari

an order from an appellate court, such as the US Supreme Court, to a lower court requesting that the lower court requesting that the lower court send the record in the case forward for review; it means that the appellate court will review the lower court’s decision for procedural mistakes or legal errors