Chapter 9 Notes

State Court Systems

• Each state has its own court system.

• There are 50 state trial and appellate systems, plus courts for D.C., Puerto Rico, and other territories.

• Generally, each state jurisdiction has three or more court systems.

• States create courts as needed, name them, and establish specialized courts.

• Court organization varies significantly from state to state.

• State courts handle a wide variety of cases.

Courts of Limited Jurisdiction

• Called municipal, county, district, or metropolitan courts.

• Jurisdiction limited to minor civil and criminal cases.

• Handle misdemeanors, municipal ordinance violations, traffic violations, and civil suits (usually under 1,000).

• Handle shoplifting, disorderly conduct, or simple assault.

• Limited to fines, community sentencing, or jail up to a year.

• Conduct arraignments, preliminary hearings, and bail hearings in felony cases before transfer to superior courts.

• Some states separate civil and criminal limited jurisdiction courts.

• Includes juvenile, family, and probate courts.

• State lawmakers create specialized courts like drug courts.

• Approximately 15,000 courts handle about 65% of state court caseloads.

• Over 60 million incoming cases per year.

• Often accused of assembly-line justice.

Courts of General Jurisdiction

• Approximately 2,000 courts in the U.S.

• Called felony, superior, supreme, county, and circuit courts.

• Handle serious felony cases (e.g., murder, rape, robbery) and civil cases (damages over 10,000).

• May review appeals from limited jurisdiction courts.

• Decisions based on transcript review or new trial (trial de novo).

• Changes watched closely due to public concern over serious crime.

• Organized in judicial districts or circuits.

• Some specialize in civil or criminal matters.

• Ten states, D.C., and Puerto Rico have unified court systems.

Appellate Court

• State criminal appeals heard in appellate courts.

• Each state has a court of last resort, usually a state supreme court.

• A few states have separate high courts for civil and criminal appeals.

• Many states have intermediate appellate courts (IACs).

• Appeals primarily from criminal cases, civil judgments, and administrative decisions.

• State courts have a steady, high caseload.

• Number of judges and staff has not kept pace.

• Most states have at least two trial and two appellate courts, differing on jurisdiction (juvenile cases, felony vs. misdemeanor).

Model State Court Structure

• Figure illustrates appellate and trial court interrelationship in a hypothetical state.

• Each state's court organization varies.

• Every state has tiered courts (lower, upper, appellate), but delegation of responsibility differs.

• Texas separates highest appellate divisions into civil and criminal courts.

• New York has multiple independent courts, including family and surrogate courts.

• Some states (e.g., California) have unified trial courts into a single system.

Federal Courts

• Legal basis in Article 3, Section 1 of the U.S. Constitution.

• Federal courts have jurisdiction over U.S. laws, treaties, admiralty, and controversies between states or citizens of different states.

• State courts handle all legal matters unless federal law is violated or suits between citizens of different states/federal government.

• Three-tiered hierarchy: U.S. district courts, U.S. courts of appeals (circuit courts), and U.S. Supreme Court.

District Courts

• Trial courts of the federal system.

• Jurisdiction over federal law violations, civil rights abuses, interstate vehicle theft, and kidnappings.

• Hear cases on citizenship and alien rights.

• Jurisdiction may overlap with state courts (litigation over 10,000 between citizens of different states).

• Hear cases where one state sues another or the federal government is a party.

• A single judge presides; defendant may request a jury trial.

• Organized by Congress in 1789; 94 independent courts today.

• Each state has one to four district courts, D.C. has one.

Federal Appeals Courts

• 13 U.S. courts of appeals (circuit courts).

• Review federal and state appellate cases on constitutional rights.

• Do not retry cases or determine facts.

• Analyze judicial interpretations of law and constitutional issues.

• Federal criminal cases are a small percentage but still a concern.

• Steps taken to limit appeals, especially by prison inmates.

The U.S. Supreme Court

• Nation's highest appellate body and court of last resort.

• Nine members appointed for life by the president with Congressional approval.

• Chooses around 300 of 5,000 appealed cases each year.

• Only court established by constitutional mandate.

• Decides major social and political issues.

• Justices shape future meaning of the U.S. Constitution.

How a Case Gets to the Supreme Court

• Martin v. Hunter's Lessee (1816) affirmed jurisdiction over state court decisions involving federal law.

• Uses writ of certiorari to select cases since the mid-20th century.

• Over 90% of cases heard are brought by this petition.

• Four justices must agree to hear a case (rule of four).

• Reviews written and oral arguments.

• Case conference to discuss and vote.

• Affirms or reverses lower court decision.

• Chief Justice assigns opinion writing.

• Decision becomes law of the land and legal precedent.

• U.S. Supreme Court decisions have broad impact on criminal justice reform.

Court Congestion

• U.S. court system overloaded by millions of annual cases.

• State courts handle about 100 million new cases annually:

  • Civil cases: 19.2 percent

  • Domestic relations cases: 5.8 percent

  • Criminal cases: 20.9 percent

  • Juvenile cases: 1.5 percent

  • Traffic cases: 52.6 percent

• Approximately 87,000 criminal cases filed in district courts yearly.

• U.S. courts of appeals decide about 49,000 criminal appeals yearly.

• Congestion causes delays, costs money, and may violate speedy trial rights.

• Factors: increasing populations, aggressive prosecution of petty offenses, complex laws, mandatory prison sentences, increased civil litigation.

• Solutions: unify state courts and improve management techniques.

COVID-19 and Court Delays

• COVID-19 outbreak in early 2020 caused massive court delays.

• Courts closed or adjusted operations.

• In-person hearings suspended, adding to delays.

• Limits on courthouse entry, jury trials suspended, hearings via Skype, court facilities closed.

• Emergency matters held via telephone or video.

• California temporarily waived bail for low-level offenses.

• Courts prioritized inmate release to reduce COVID-19 spread.

• Few courts remained open during the crisis.

The Judiciary

• Judge is the senior officer, authorized to hear and decide cases.

• Duties include ruling on conduct, settling evidence questions, guiding witness questioning.

• In jury trials, instructs jurors on proper evidence and law.

• Decides for complainant or defendant when jury trial is waived.

• Decides sentence if defendant is guilty.

• Must be wary of legal controls by appellate courts.

• Controls other court agencies: probation, court clerk, public defender, district attorney's office.

• Influences police and prosecutors through sentencing discretion.

• Considers requests for leniency or severity in sentencing.

• Concern over discrimination based on gender, race, or class.

• Tends to dismiss weak and less serious cases.

Judicial Qualifications

• Vary by state and court.

• Must be a state resident, licensed to practice law, a member of the state bar association, and at least 25 and less than 70 years of age.

• Municipal or town court judges often lack legal background.

• Judges held in high esteem but sacrifice financial benefits.

• Average salary for highest court chiefs is 186,098.

• Little training in how to be a judge.

• Low salaries may make it difficult to attract competent attorneys.

• Agencies created to improve judiciary quality.

Selecting Judges

• Methods:

  • Appointment: Governor appoints, confirmed by state senate or council.

  • Popular election: Partisan or nonpartisan elections.

  • Missouri Plan: Judicial nominating commission, elected official appointment, nonpartisan retention elections.

• Charges of political influence in appointments.

Judicial Alternatives

• Alternatives used due to increased caseloads.

• Agreement to hire retired judge or neutral party.

• Quasi-judicial officers (referees, magistrates) created.

• Magistrate Act of 1968 created federal magistrates.

• Some jurisdictions use part-time judges.

• Federal judges enjoy "senior status."

• Every state has alternative dispute resolution (ADR).

Arbitration

• Simplified trial version.

• No discovery, simplified evidence rules.

• Arbitrator selected by both sides or panel of three.

• Short hearings, opinions not public.

• Often binding.

• Governed by federal and state law.

Mediation

• Less formal than arbitration.

• Mediators help parties reach an agreement.

• Mediator has no power to impose a decision.

• Often used before arbitration.

• Other ADR forms emerged.

• Summary jury trial.

• More common in civil context.

Judicial Decision Making

• Influenced by law, ideology, attitudes, reelection concerns, public opinion, demographic characteristics.

• Attitudes, Ideology, and Opinions: Influenced by attitudes and ideology.

• Demographic characteristics: Influenced by sex and race.

• Reelection: Election considerations shape decision making.

Implicit Bias in Judicial Decision Making

• Implicit bias refers to unconscious use of stereotypes.

• Extends to all aspects of life.

• IAT test results reveal the extent of influence.

• Test scores linked to real-world outcomes.

The Prosecutor

• Represents the state's interest; the "people's attorney."

• Must seek justice and convict the guilty.

• Makes policy decisions on prosecutorial enforcement powers.

• Political nature influences decision making.

Types of Prosecutors

• Federal system: United States attorneys appointed by the president.

• State and county levels: Attorney general and district attorney.

• Urban jurisdictions specialized; rural offices handle cases themselves.

The Prosecutor in Society

• Criticized for bargaining justice, using position for political office, failing to investigate.

• Aggressive in attacking crime problems.

Prosecutors and Law Enforcement

• Relies on law enforcement for formal complaints.

• Involved in criminal investigations for serious offenses.

• Areas of cooperation include:

  • Police investigation report.

  • Providing legal advice.

  • Training police personnel.

The Prosecutor and the Community

• Improving working relationship with the community.

• Community prosecution recognizes crime reduction built on partnerships.

• Becomes problem solvers.

• Traditional model is case-oriented and reactive.

• Field prosecutors build partnerships with police, citizen groups, schools, and businesses.

Community Prosecution Programs Include

1. *Placing prosecutors in selected communities to work at police stations;

2. Increasing communication with police and with community groups, schools, and other organizations; and*

3. Using prosecutorial resources to solve community problems

Prosecutorial Discretion

• Decides whether to bring a case to trial or dismiss it (prosecutorial discretion).

• Charges may be dropped (nolle prosequi).

• Considerable discretion in charging the accused.

• Key to the prosecutorial function.

• Rarely reviewed by courts unless constitutional rights are violated.

Factors That Influence the Prosecutor: Charging Decision

• Discretion enables alternative decisions.

• Too much discretion can lead to abuses.

Pretrial Diversion

• Postpones or eliminates prosecution for participation in rehabilitation program.

Overzealous Prosecution

• Prosecutors sometimes go "too far."

• May engage in selective or unfair prosecution.

• Prosecutors cannot be sued for decisions (absolute immunity).

• Can be punished by superiors and state bar association.

The Defense Attorney

• Counterpart of prosecuting attorney.

• Accused has a constitutional right to counsel.

• The state must provide one if the defendant cannot afford an attorney.

• Functions include:

  • Investigating the incident.

  • Representing the defendant at trial.

  • Providing assistance at sentencing.

  • Determining the appropriate basis for appeal.

Ethical Issues

• Must uncover facts of the criminal act.

• Conflicting obligations to client and profession.

Defending the Accused

• Sixth Amendment right to counsel.

• The right to counsel begins at the earliest stages.

• Extended to post-conviction proceedings.

Legal Services for the Indigent

• U.S. Supreme Court requires counsel for indigent defendants in felony and misdemeanor prosecutions.

To Satisfy the Constitutional Requirement

• Federal government and states have expanded criminal defense services.

• Programs include public defender systems, assigned counsel systems, and contract systems.

Public Defenders

• Law firms whose only clients are criminal offenders.

Assigned Counsel System

• Private attorneys appointed by the court.

• Reimbursed by the state.

Contract System

• Block grant given to a lawyer or law firm.

Mixed Systems

• Uses both public defenders and private attorneys.

The Private Bar

• Often considered a specialist in the field.

Public versus Private Attorneys

• Conviction rates about the same.

• Indigent defendants incarcerated at a higher rate.

• Sentence lengths shorter for those with publicly financed attorneys.

Problems of the Criminal Bar

• Attorneys specialize in criminal work.

• Private attorneys accused of sacrificing clients' interests for profit.

• Public defenders often young attorneys seeking trial practice.

• Assigned counsel and contract attorneys may be young lawyers.