Study Notes for Criminal Justice Administration (Chapter 8)

Introduction to Criminal Justice

Chapter 8: The Administration of Justice

American Court Structure
  • Dual Court System:
    • The United States operates a dual court system consisting of:
    • One system of state and local courts.
    • Another system of federal courts.
    • The only connection between these two systems is the U.S. Supreme Court.
Jurisdiction
  • Jurisdiction: The legal authority of a court to hear and decide cases, limited by territory and case type.
    • Types of Jurisdiction:
    • Original Jurisdiction: The authority to hear a case for the first time.
    • Appellate Jurisdiction: The power to review and revise the decision of a lower court for errors of law.
    • General Jurisdiction: Authority to hear any type of case not limited by subject matter.
    • Subject Matter Jurisdiction: The power to hear specific types of cases (e.g., divorce, bankruptcy).
    • Personal Jurisdiction: A court's authority over the parties involved in a lawsuit.
Federal Courts
  • Federal Judges:
    • Nominated by the President and confirmed by the Senate.
    • Structured in three tiers:
    • U.S. Supreme Court.
    • Intermediate appellate courts.
    • District courts.
  • U.S. Magistrate Courts/Judges:
    • The lowest court of limited jurisdiction at the federal level.
    • Functions include handling felony cases:
    • Initial appearances.
    • Preliminary hearings.
    • Appointing counsel.
    • Setting bail.
    • Misdemeanor cases:
    • Preside over trials.
    • Accept pleas of guilty.
    • Impose sentences.
District Court
  • The trial-level court for the Federal System.
    • There are 94 total district courts, with 89 located within the 50 states.
    • At least one district court is present for each state; some states have multiple.
    • 680 federal district judges handle approximately 60,000 criminal cases a year, constituting about 15% of total cases.
Courts of Appeal
  • Often referred to as circuit courts.
  • There are 13 total Courts of Appeal:
    • 11 courts for the states,
    • 1 for D.C., and
    • 1 for the federal system.
  • Number of judges varies from 6-29 per jurisdiction.
  • These courts handle 50,000 to 70,000 cases per year, primarily reviewing cases from District Courts without engaging in fact-finding.
  • Rulings are typically made by rotating 3-judge panels.
U.S. Supreme Court
  • The court hears appeals from both Courts of Appeals and State Supreme Courts.
  • Interested parties apply for a writ of certiorari to have their cases reviewed; the Court receives about 9,000 cases a year but hears fewer than 100.
  • The Rule of Four: At least four justices must agree to hear the case.
  • Main purposes of the U.S. Supreme Court include:
    • Resolving disputes between states.
    • Resolving conflicting opinions of lower federal and state courts.
    • Addressing constitutional questions.
  • The Supreme Court holds original jurisdiction only in a limited number of cases.
State Courts
  • Each state possesses a unique court structure, with 98% of cases handled in state courts.
    • Jurisdictional issues: A defendant can only be tried in a state court for a criminal offense if charged with a violation of that state’s criminal code.
  • State Courts Structure typically includes:
    • State Supreme Court
    • Appellate Courts
    • Courts of General Jurisdiction
    • Courts of Limited Jurisdiction
Courts of Limited Jurisdiction
  • The initial level of state trial courts, not present in all states (e.g., Idaho).
  • Types include District, Justice, City, Magistrate's, or Municipal Courts.
    • Address both criminal and civil matters, including:
    • Traffic laws.
    • Minor civil cases.
    • Criminal infractions.
  • Judges in these courts may not have formal legal training and manage:
    • Preliminary hearings for felony cases, issuing warrants, determining bail, and due process compliance.
  • These courts are not considered "courts of record" and their decisions can be reviewed in a trial de novo.
Courts of General Jurisdiction
  • Typically categorized as District, Circuit, or Superior Courts.
  • Hold original jurisdiction for felonies and general jurisdiction for all matters not delegated to lower courts.
  • Manage criminal cases including drugs, burglary, and theft, alongside civil cases involving contracts or torts.
  • Keep official records of proceedings and ensure judges are qualified legal practitioners.
Intermediate Appellate Courts
  • Historically, states only had one appellate body, typically the Supreme Court.
  • Currently, 39 states have intermediate appellate courts that hear both civil and criminal appeals.
    • Proceedings typically involve a panel of 3 judges reviewing lower court decisions;
    • Less than 1 in 16 cases is reversed, upholding the principle of judicial consistency.
State Supreme Courts
  • The state courts of last resort, with 5-9 justices usually reviewing about 100+ cases a year.
    • Most courts exercise discretion on which cases to review, except for mandatory reviews of death penalty cases.
    • Following an appellate loss, further appeals can only channel to the U.S. Supreme Court.
Adversarial System
  • The Adversarial System is characterized by the opposition of two entities (prosecution and defense) in search of the truth.
    • Prosecution's Role: Demonstrating the accused's guilt beyond a reasonable doubt by presenting inculpatory evidence.
    • Defense's Role: Raising reasonable doubt regarding the defendant's guilt through exculpatory evidence.
Purpose of the Courts
  • The courts serve multiple goals:
    • Justice: Achieving fairness and legal correctness.
    • Upholding due process to preserve perceived justice.
    • Dispute resolution: Effectively mediating conflicts.
    • Censure wrongdoing: Through punishment as a societal mechanism.
    • Guarding citizens against arbitrary governmental actions.
Introduction to the Prosecutor
  • Main Objective: To "Seek Justice" on behalf of the public.
  • Representing the state in the criminal court process, prosecutors wield considerable power over life decisions regarding individuals.
  • They operate within ethical guidelines but possess significant discretion in legal matters.
    • Most prosecutors are chosen via public elections, while selected states function differently (e.g., Alaska, Connecticut).
The Prosecution
  • Chief Prosecutor: Also known as district, county, or prosecuting attorney; approximately 2,344 in the nation.
  • Prosecutorial Discretion encompasses:
    • Deciding who gets charged.
    • Determining what charges will be filed.
    • Offering plea bargains, which are common in practice.
  • Statistics show 33%-50% of arrests do not lead to formal prosecution to avoid cases with uncertainties in conviction.
Factors Influencing Prosecutors
  • Assessment of legal factors entails considering:
    • Seriousness and nature of the offense.
    • The offender's culpability and previous history.
    • Strength of the evidence presented.
  • Extra-legal factors may include:
    • Limited resources for less serious crimes.
    • Racial dynamics affecting prosecutorial outcomes.
    • The interpersonal relationships between victims and offenders, particularly in domestic violence cases where charges may be influenced by the victim's characteristics.
Introduction to the Defense
  • Defense attorneys are tasked with zealously advocating for clients, regardless of personal beliefs pertaining to guilt.
  • Ethics and legality govern their practice while promoting their clients' rights in contrast to the prosecution's role.
The Defense
  • Categories of defense attorneys include:
    • Privately-retained attorneys.
    • Public defenders assigned for indigent defendants.
  • Differences in client engagement and case handling exist between privately retained attorneys and public defenders due to caseloads.
The Judge
  • Judges play a critical role in the legal process, responsible for tasks including:
    • Determining probable cause and signing warrants.
    • Informing suspects of their rights, setting bail, and managing arraignments.
  • Judicial Selection Methods determine judges' pathways to the bench:
    • Methods include Executive Appointment, Elections (both partisan and non-partisan), and Merit Selection.
  • No definitive evidence suggests one method outperforms others in terms of producing capable judges.
  • Judicial Independence: Ensuring judges make fair decisions unfettered by external influence.
  • Judicial Accountability: The mechanism to remove or discipline judges failing to meet performance standards.
Adjudication Process
  • Initial Appearance: A judicial review of probable cause must occur without unnecessary delays (within 48 hours).
    • Accused individuals are informed of their rights and potential charges.
Bail
  • Temporary release for an accused awaiting trial, requiring a monetary guarantee for court appearance.
    • Bail amounts depend on crime severity and prior records, considering community ties and occupation.
  • Bail Bondsmen may also be employed for those unable to afford bail.
Probable Cause Determination
  • Probable cause for trial can be established by:
    • Information (prosecution).
    • Preliminary hearings (judge).
    • Grand jury proceedings (jury).
Preliminary Hearing & Grand Jury
  • Preliminary Hearing: Reviews if there's probable cause to hold a suspect for trial and can sometimes replace grand juries.
  • Grand Jury: Composed of 6-23 jurors tasked with determining if there’s sufficient evidence for indictment, usually operating in secret.
Arraignment
  • The process leads to formal charge reading and plea entry by the defendant, allowing for various possible pleas including guilty, not guilty, nolo contendere, and others.
Pretrial Motions
  • Submissions by either party that may include requests for dismissal, suppression of evidence, or change of venue, each leading to judicial hearings.
Plea Bargaining
  • The negotiation where the defendant and prosecutor agree on case resolution, typically involving a guilty plea in exchange for a lighter sentence.
  • Types include:
    • Charge bargaining: Reducing charges.
    • Count bargaining: Pleading to some charges while dropping others.
    • Sentence bargaining: Negotiating for a lighter sentence.
Trial
  • Criminal trials are rare, with fewer than 10% of cases going to trial due to prevalent plea bargaining.
    • Established trials determine Legal Guilt (proof of crime) versus Factual Guilt (actual crime commission).
Bench Trial vs. Jury Trial
  • Cases may proceed as either bench trials (judge-decided) or jury trials (jury-decided); defendants must request a bench trial, which requires approval from both the prosecution and judge.
Trial Process
  • Opening Statements: Both parties present their theoretical narrative to the jury, influencing juror perceptions significantly.
    • Example: The prosecution may encapsulate the case's emotional weight to engage jurors.
  • Presentation of Evidence:
    • Legal standards require relevance and reliability.
    • Direct Evidence: Clear factual presentation (e.g., eyewitness statements).
    • Indirect (Circumstantial) Evidence: Requires interpretation (e.g., fingerprints).
Witness Management
  • Direct Examination: Conducts initial questioning without leading prompts.
  • Cross-Examination: Allows opposing counsel to question witnesses, often employing leading questions for strategy.
    • Enshrined under the Confrontation Clause, ensuring defendants can face their accusers.
Closing Arguments
  • Summation from both sides attempting to draw the jury’s conclusions based on presented evidence, invoking emotional and logical appeals for their respective verdicts.