Notes on Courts, Prosecution, and the Defense

Chapter Overview

• Understanding the judicial system includes courts, prosecution, and defense.

Key Concepts of Adjudication

• Adjudication: The process of determining guilt or innocence in a legal setting.
• Adversarial Process: Interaction between the prosecutor and the defense, overseen by an impartial judge.
• Emphasis on a “fair” process, ensuring both sides have opportunities to present their case.

U.S. Court System Structure

• U.S. Judiciary System is defined in Article III of the U.S. Constitution.
  • Establishes one supreme court with additional federal courts created as needed by Congress.
  • Judiciary Act of 1789 structured federal court systems.

State Court System Hierarchy

• State Supreme Court at the top level.
• Superior Courts handle serious cases, with various specialized courts (juvenile, family, etc.) for specific matters.
  • Trial Courts: Organized into limited and general jurisdictions.

Trial Courts: Limited and General Jurisdiction

• Limited Jurisdiction: Municipal, County, etc.- handle minor offenses and less formal procedures.
  • This leads to “Assembly Line Justice” where efficiency may overshadow thoroughness.
• General Jurisdiction: Superior and circuit courts handle serious felonies and civil cases over a defined monetary threshold.

State Supreme Court Functions

• Acts as the court of last resort, engaging in appellate decisions, especially concerning state laws and constitutions.
  • Typically comprises between three and nine judges.

Kentucky's Judicial System Specifics

• Supreme Court of Kentucky: Operational head, establishes rules for practice and procedure in state courts.
• Court of Appeals: Handles most appeals from lower courts; cases are decided based on legal reviews rather than retrials.
• District and Circuit Courts: Handle varying degrees of jurisdiction.

Case Handling in Kentucky Courts

• District Courts: Deal with limited jurisdiction scenarios, including juvenile cases and civil suits under $5,000.
• Circuit Courts: General jurisdiction with authority over serious cases, appeals, and can issue legal writs.
• Family Court: Division of Circuit Court focusing on family matters, domestic disputes, and children’s issues.

Federal Court System Overview

• Covers federal laws, interstate cases, and federal government-related suits.
• Comprises various trial and appellate courts, including the U.S. Supreme Court as the highest authority.

Key Features of the U.S. Supreme Court

• Composed of nine justices, hears a small fraction of cases presented each term.
• Majority opinions set legal precedents for future cases.

Role of Judges in the Justice System

• Oversee trial processes and, in bench trials, make verdicts directly.
• Exercise discretion in sentencing, balancing legal frameworks with personal judgments of equity.

Judicial Appointment and Selection

• Different systems exist (e.g., appointment, elections, merit systems) affecting how judges are chosen.

The Role of Prosecutors

• Prosecutors: Represent public interests and oversee criminal prosecutions.
  • They act as legal advisors during investigations and can influence case handling based on community resource limitations and individual case complexities.

Discretion in Prosecution

• Factors influencing decisions include the severity of crimes, community resources, and cooperation from victims.

Different Forms of Prosecution

• Horizontal: Focus on several cases by many attorneys.
• Vertical: Case assigned to one attorney throughout.
• Mixed: Combination of both strategies.

Challenges in Prosecution Today

• Political pressures affect decisions, with notable cases of misconduct and ethical challenges widely reported.
• High-profile cases illustrate tensions within prosecutors' offices reflecting broader societal issues and pressures.

Role and Rights of Defense Attorneys

• Right to Counsel: The Sixth Amendment guarantees legal representation. Public defenders may be appointed if the defendant cannot afford one.

Types of Defense Attorneys

• Public Defenders: State-funded attorneys representing indigent clients.
• Assigned Counsel: Private attorneys assigned cases in areas lacking sufficient public defenders.
• Private Attorneys: Hired by defendants, potentially providing more personalized attention and resource allocation.

Effects of Representation on Outcomes

• Data shows differing conviction rates between private and public defenders, with varying impacts on plea agreements and sentencing outcomes.