State Courts
History of State Courts
The Organization of US Courts is based on english common law
Colonial Courts
Followed english courts in form but not in substance. They were ill suited for needs of English colonists
Eventually the courts expanded to have diffrent duties, diffrent customs, religious practices, and patterns in commercial trade
Early American Courts
After the american revolution the function of the courts changed
Powers were reduced
Americans harbored suspicous over Engish Common Law
Northern courts focused on immigration, cultural and religious tensions
Southern courts dealed with tracking down escaped Slaves
Courts in Modernizing Society
The industrization following the civil war led to the judiciary system changing
Increases in population → more lawsuits + More Problems
The courts still reglected the agrarian society even though it was more urban
City courts were created to deal with urban cases
Specialized courts were made to deal with special civil cases
Trail Courts of Limited Jurisdiction: Lower Courts
Trail Courts of Limited Jurisdiction - the first level of state courts. AKA inferior courts or lower courts
US has more than 11,880 courts
85% of all judicial bodies in the US
Some US Jurisdictions have one unified court system that does not use trail courts of limited jurisdiction. New York has around 1500 lower courts.
Cases in Lower Courts
Around 62 million cases a year are delt in the lower courts
Most are traffic cases
They often authorise search warrents, hold an initial appearence, apoint council, conduct preliminary hearing
The case is then transferred to a trail court (or a plea deal)
Most of the work involves nonfelony criminal cases and small claims of a civil nature, and traffic offenses in a jurisdiction
Nonfelony Criminal Cases
Misdemeanor - a crime punishable by a fine, imprisonment (local jail for less than 1 year) or both
Enacted by a state legistature and covers the entire state
Violations - Minor criminal offeses that are punishable by fines, probation, or a short jail term, typically less than 30 days
They are quasi-criminal (not considered true crimes regarding a criminal record)
Ordinance - A law enacted by a local government body for the regulation of some activity within the community
Only apply to the locality
The fines go to the local gov, not the state gov
It is typical for ordinances to prohibit the same type of conduct as state misdemeanors
Traffic Offenses
Traffic Offenses - A group of offenses, including infractions and minor misdemeanors, relating to the operation of self-propelled motor vehicles
Parking violations to improper equipment, but speeding is the most common
The volume of traffic cases has increasing (texas has the most)
Typically punishable by a fine
can make alot of revenue for local governments
Includes both the fines and fees
Pays for the court, prosecutors, and public defendors
Sometimes, different localities can become “speed traps”
It can be the only way to make money in small towns
Another way to make revenue without raising taxes
Traffic cameras are making it easer to find people violating traffic laws
Has been challanged in court by saying it violates their due process and innocent until proven guilty
over ridden due to them being civil, not criminal charges
DUIs are so serious that they are charged as misdemeanors. Repeat or extreme cases are prosecuted as felonies
Small Claims Civil Cases
Small Claims Court - A lower-level court whose jurisdiction is limited to a specific dollar amount, for example damages not exceeding $1,500
Each state has a different dollar amount for how much money counts as “small claims”
Major catagoies in this cases are
debt collections
land lord tennant disputes
Property damage
Many states have streamlined procedures in these courts by ending strict evidence rules and no trial by jury
They are less formal and less protracted
They count as 52% of the civil cases
Justice of the Peace Courts
Since the legal system of the US is county-based, and 80% of America is rural, in rural areas the lower courts are called “justice of the peace courts
Justice of the Peace (JP) - A low-level judge, sometimes without legal training, typically found in rural areas of some states, empowered to try petty civil and criminal cases and to conduct the preliminary stages of felony cases
A way to dispense simple and speedy justice for minor civil and criminal cases
JPs were criticised for their legal incompetence and its political leaning
in places that were developing into urban areas, the efforts to disband them were effective
Today, they are more professional and happen in a courthouse or government building
14 states still do not require JPs to be trained lawyers
Some JPs are elected officials/mayors who work ex officio.
Requirements to be a JP:
US Citizenship
Local residency in the area
Some make you be over 18, mentally component, no criminal record
Has JP outlived its usefulness?
It is not a part of the state judiciary, only local gov who creates and funds them
Trial de novo - a new trial at a higher level of court
Many JPs have been replaced by magistrates
Lower Caseloads
There are higher crime rates in urban areas than there are in rural
This does not mean that rural areas have no crime
Rape has risen in rural areas to exceed those of urban areas
DUI and Fraud is more common
Illegal drug use is rising
All of this puts a stress on rural courts
The Rural settings can make dealing with crime harder
Less public transportation
Lack of substance abuse tratment centers
Tendancy to harbor hate groups, militia, and anti-goverment people
Lack of Resorces
Rural Courts have less federal funding + smaller tax base
court facilities are outdates and salaires are low
Because so few attorneys practice law in rural areas, the number of defense attorneys is small
Rural areas are hit the hardest when federal funding decreases, publically funded legal services
Familiarity
Rural areas courts are one on one while urban courts are more beueracratic
Often consists of the prosecutor, judge, lawyer representing the gov
5 or fewer sheriffs deputies and a single probation officer
The interactions are frequent and long term and have a long standing social/family network
Greater emphasis on informal mechanisms of social control vs urban being more formal
This familiarity can also create a culture of “you scratch my back, and I’ll scratch yours”
court members often know eachother personally
Lack of independent judiciary and weak advercary process
Defendants who are “outsiders” may be at a disadvantage due to this close nature of the courts
Reforming JP Courts
Some reformers want to unify state courts into a 3-teir systems in order to abolish the JP system
single trial court
intermediate appellate court
high state court of last resort
This would allow all judges to be lawyers and end the trial de novo system
In Gordon v Justice Court, the California supreme court decided it was in violation of federal law to allow a non-lawyer to preside over a criminal trial that could result in the incarceration of the defendant
The SCOTUS disagrees with california’s analysis of the 14th ammendment in North v Russel which is why JPs still exist in other states
The biggest opponent to ending JPs is the non-lawyers who don’t want their job to end, and the fact that they are redially available when formal courts can be miles away. JP courts are also seen as the “people’s Court” meaning they don’t need a lawyer
around 33% of JPs have limmitted Education levels to the extent that they are not capable of learning the necessary element o the law which could lead them to be repremanded by the Commission on Judicial Conduct
Some reforms could be having all JPs attend a training seminar, have them graduate from law school and pass the state bar.
Municipal Courts
Municipal Courts - a trail court of limited jurisdiction created by a local unit of government
The urban counterparts for JPs.
A bigger focus on an “assembly line” → keeping the docket moving
When defendants are arraigned, the municipal judges advice all of the defendants on the docket that day in a group of their constitutional rights.
Defense attorneys are rare in lower courts except for DUI prosecutions. The lack of defense attorneys creates the “informality” of these lower courts
In Argersinger v Hamlin the supreme court ruled that the defendant can not be subject to imprisonment unless they are provided with council
But often, there is not a defense attorney present
The defendants initial appearance is usually the final one
With misdemeanors, there are lots of guilty pleas, or they cannot raise enough money to have a defense attorney, so they simply plead guilty
Very few trials in municipal courts.
Right to a jury trial if the defendant can be punishment by imprisonment for more than 6 months
If there is a trial, it is usually a bench trial
Assembly-Line Justice and the Courtroom Work Group
Courtroom works together to keep things moving
Durring arrainment, the defendant is informed of the right to a court-appointed attorney
But if the hearing cannot be held for 2-3 weeks, the defendant will be held in jail
This lead to defendants waiving their right to council in order to get it over with
“Uncooperative” defendants can take up too much of the court’s time (talk to much)
Asking too many questions about your rights
Giving a detailed account of his alleged offense (2 minutes)
This can lead to having an sentance that was much longer than others
Sentencing in the Lower Courts
Since there are so many guilty pleas in the lower courts, it can often seem like a “sentencing institution” than a real trial court.
Focus is on rapid decisions about which sentence to impose
Fines, probation, jail
In Misdemeanor courts, the judges can choose alternative sanctions
Community service, victim restitution, placement into substance-abuse programs, mandatory counseling, Drivers Ed programs
Very few misdemeanor defendants are sent to jail
Sentencing involves both routinization and individualization
Judges see themselves as “doing justice” rather than following the law, leading to the alternative punishments that are fit for the crime
When choosing sentences, Judges look at the defendants criminal record and the nature of the crime
First time offenders rarely recieve jail time. Repeat offendars are given more severe sentances
The nature of the event is important (a low blood alcohol level vs high level for a DUI)
Problems of the Lower Courts
Reformers have criticized the lower courts
There is rarely an adversary model in the lower courts, as few defendants are represented by a defense attorney
Some defendants have been denied fundamental legal rights (right to a trail, impartial judge, presumption of innocence)
The speed of the sentences are not always in accordance with the law
There are 4 problem areas for the lower courts: Inadequate financing, inadequate facilities, lax procedures, and unbalanced caseloads
Inadequate Financing
Lower courts are funded locally
space populated counties and small municipalities lack funding
Even where there are funds, there is no guarantee that the local government will spend money on the courts
Inadequate Facilities
Court rooms are often crowded and noisy.
100 or more people waiting for their minute Infront of the judge
These courtrooms lack dignity and leave a bad impression
They are detrimental to the attitudes of the defendant, prosecutor, judge and others
Lax Court Procedures
Many do not have written rules for the conduct
Conventional book-keeping methods are often ignored
makes it hard to find out the effectiveness of the courts
Unbalanced Caseloads
Some courts have a ton of cases with a long backlog, but others have little to do
Because courts are locally controlled, there is no way to equalize the caseload
From state to state and county to county, there are discrepancies in the quality of justice and how it is rendered
Community Justice
Some reformers see court-community cooperation as a way to fix these courts
Target of Community justice is minor disputes between parties in ongoing relations
Domestic partners, neighbors, landlord-tenants
These private disputes are a constant source of cases for the court system, and the trials itself do not fix the underlying issue
These issues are civil, but the criminal justice system must deal with them
The goal is long term solutions
Alternative Dispute Resolution
Alternative Dispute Resolution - Less adversarial means of settling disputes that may or may not involve a court
Alternative to going to court or trying to settle cases after they have been filed but before they are tried by a judge
Arbitration - A form of alternative Dispute Resolution for resolving legal disputes outside the courts in which arbitrators generally act similarly to judges, making decisions that can be binding or nonbinding
Mediation - A form of alternative Dispute Resolution in which a mediator acts, not as a judge, but rather as someone who facilitates discussion and resolution of the dispute
Community Courts
Courts are trying to be more responsive to the needs of their specific communities
The phrase “justice community” refers to the range of organizations and people within any specific locale who have a stake in the justice system
Judges, court personally, district attorneys, public defenders, private attorneys, pronation departments, law enforcement personnel, community organizers, business groups, social workers
Community Courts - Neighborhood-focused, problem-solving courts that deal with local crime and safety concerns.
Government sponsored
Received the bulk of their cases as a referral from the CJ agencies
Tries to improve the CJ system by removing minor cases from court.
simple assault, petty theft, criminal trespass
They convert criminal matters into civil ones by treating the cases as matters for discussion between the individual disputes
Trail Courts of General Jurisdiction: Major Trial Courts
The second level of state courts
Trial Courts of General Jurisdiction - A trial court responsible for major criminal and civil cases
Sometimes called Major Trial Courts. Other names are district, circuit or superior
General Jurisdiction means that they have the legal authority to decide all matters not specifically designated to lower courts
Geographic jurisdictions fall along political boundaries (counties)
In most states, trail courts of general jurisdiction are grouped together with judicial districts/circuits
In Rural areas:
are grouped into multiple adjoining countries. They hear a wide variety of cases
In Highly populated areas:
Have only one circuit or district for the area
Judges are also specialists who hear only one certain type of case (family, juvenile)
Majority of cases happens in the state courts, not federal
Litigants i federal courts are big businesses and governmental bodies
Litigants in state courts are individuals and small businesses
State courts deal with street crimes
Most cases do not go to trail, end with a plea bargain
not guilty vs innocence, but what penalty to apply
Public thinks of felony crimes with violent (murder, robbery, rape)
90% of criminal violations involve nonviolent crimes and drug offenses
Drug offenses account for 1/3 of all arrests
Some states have started to decriminalize the possession of small amounts of weed (violation, not a crime)
Intermediate Courts of Appeals
Immediate Court of Appeals - Judicial bodies falling between the highest, or supreme, tribunal and the trial court; created to relieve the jurisdiction’s highest court of hearing a large number of cases
24 states organize their ICAs statewide, while the rest organize them on a regional basis.
They hear both civil and criminal cases in most states
They use a rotating panel of 3 judges
Handle the bulk of the appeals cases
Can lead to them being overworked
They review trial to make sure that the law was followed and that it was fair
State High Courts of Last Resort
State High Court of Last Resort - general term for the highest court in a state
The number of judges the courts have van very from 5 to 9 (PA has 7)
Do not use panels in making decisions, the entire court decides on each case
They have a limited amount of jurisdiction when disciplining lawyers and judges
In states without ICAs, the state high court of last resort has no power over which cases are on its docket
Selects only a few cases to hear, but they tend to have broad legal and political significance
In most states with death penalty, if the judge imposes the death sentence, the case is immediately appealed to the State High Court (bypassing the ICA)
A review board for matters involving interpretation of state law
Court Unification
Some reformers view the multiplicity of the courts to be inefficient and inequitable.
Key Components
Unified Court System - A simplified state trial court structure with rule making centered in the supreme court, system governance authority vested in the chief justice of the supreme court, and state funding of the judiciary system under a statewide judicial budget.
Wants to shift judicial admin from local control to a centralized management. The authority would be centered at each states capital. The Court Unification would have 5 principles
Simplified court Structure
A simple, unform court structure for the entire state
minor and specialized courts would be combined into one county-level court
Would end the variations of courts between counties
Involves 3 tiers
single trial court
Intermediate court of appeals (due to the volume of appeals)
A state court of last resort
Centralized Administration
It would embody a genuine hierarchy of authority, with local courts required to follow the policies of the central office
Centralized Rule Making
the state high court of last resort would have all power to adapt uniform rules to be followed by all courts in the state
It would shift control from the legislature to the judges and lawyers
Centralized Judicial Budgeting
Would give the state judicial administrator the authority to prepare a single budget for the entire state judiciary and send it directly to the legislature
Lower courts would be dependent on the state high court of last resort for their money and would be unable to lobby local representatives.
Statewide Financing
Although states are mandated by state law, they are financed by local governments
Since they are not a top priority for local gov, they often get less than adequate funding.
Since state gov has more money, it would be better in suporting the courts
But ever since the great recession, many states run a significant budget deficit, which would also harm courts funding
Analysis
The logic of court reform has been called into question before.
Some think it hampered creative thinking about how court reform should be.
The Court Unification idea does not allow for a desirable diversity.
Court Reform also focuses on the abstract ideas of how court organize but neglect the day to day activities
Problem Solving Courts
Modern Court Reform focuses on improving the quality of justice, not reorganizing everything. This is true with problem-solving courts, which focuses on the underlying issue of the individual appearing in court, and collaborates with service providers.
An example of this is drug courts, mental health courts, domestic violence court, child support court, prisoner reentry court, prostitution court, gun court
Therapeutic Jurisprudence - Judicial bodies such as drug courts that stress helping defendants in trouble through nonadversarial procedures.
They use Intermediate intervention, nonadversarial adjudication, hands on judicial involvement, tratment programs with clear rules and structured goals, and a team approach that combines the judge, prosecutor, defense, treatment provider, and correctional staff
Drug Courts
Drug Courts - Specialty courts with jurisdiction over cases involving illegal substances. Typically stress treatment rather than punishment
Created in response to increases in caseload and changes in drug cases, due to the “war on drugs”
Views defendants as people with an addiction problem, not as criminals
They have grown to be an important part of the CJ system
Effectiveness of Drug Courts
Early evaluations found success rates for drug courts
Sophisticated evaluations have highlighted the complex impact of drug courts
Most studies show that
Overall treatment retentions is substantially better than in other community based treatment programs for offenders
Lower recidivism rates from drug court participants than for comparison groups
A net cost savings to the criminal justice system by providing offenders with treatment that is much less expensive than incarcerating them
Drug Courts are not effected with DUIs
Juvenile Drug Courts
One of the most popular means of diversionary treatment within the juvenile justice system
Provide intensive and continuous supervision of participants to make sure that they are following the courts rulings
Treatment program participation
School attendance
drug teseting
community service
court appearances
Follows a behavioral based system of rewards and sanctions
The positive effects of juvenile drug courts can end when the court supervision ends, especially when the kid is involved with other criminal offenses or mental health issues
Domestic Violence Courts
Domestic violence has become a private family matter to a significant social problem
Emphasis is on integration, and involves the following
a dedicated judge who presides over all phases of domestic violence caes and related cases are consolidated
Ongoing monitoring by judge and staff enables the court to hold offenders accountable
Resource coordinator prepares info for the judge as the liaison with the community
On site victim-advocate serves as the primary linkage to social service agencies
Emphasis on a coordinated community response, info sharing, education and coordination on all levels of CJ system
225 specialized domestic violence courts
Evidence suggests that it is successful at reducing re-offenses of domestic violence, but some has mixed results
Mental Health Courts
The Mentally ill are overrepresented in the CJ system
14.5 - 30% of those in jail are mentally ill, and they are more likely to re-renter the CJ system
Key features are:
specialized Court docket
Metal health screening is available for acceptable candadits
Mentally ill defendants voluntarily enroll in the court, which uses therapeutic jurisprudence rather than the adversarial style
Judges supervise a community-based treatment plan which involves a team of court staff and mental health professionals
Judge and probation officials review the progress of each defendant
Found to be effective
Technology Shapes the Courtrooms of the Future
In Modern courtrooms, technology plays an integral part of the design
Evidence cameras project images of paper documents, laptop connections can present evidence without carrying it into the courtroom
Judges can sometimes resolve disputes through electronic communications without the lawyer and parties being physically present
Consequences of Court Organization
Decentralization and Choice of Courts
the US has 51 legal systems (federal courts and separate courts in the 50 states and US territories)
Sometimes, lawyers try to maneuver a case to be heard in a court that is perceived to be favorable to their clients.
Local Control and Local Corrpution
the 50 state court systems are actually structured on a local basis
The staff is all recruited from the local community and therefore represent the sentiments of that community
Applications of “state” law can have a “local” flavor
Guns in rural areas vs urban have different attitudes
The locality of these has the advantage of linking courts to the people they serve, and it can be an incubator of corruption and injustice.
The Police and courts can be in the pocket of the local economic elite.
Uneven Court Financing
Only a few states have adopted statewide financing of courts.
Most are financied by state taxes, local taxes, court fees and fines
Durring the 2008 financial cricis resulted in cutbacks to court funding
Can cause delays in finalizing divorces, custody battes, lawsuits
Courts also face long-term limitations in designing new programs to respond to social problems (drug courts, domestic violence courts)