The Courts CJ 1
Members of the Courtroom Work Group:
Judge (dominant figure in the courtroom)
Prosecutor (brings charges against the accused on behalf of the state)
Defense attorney (protects the rights of the accused)
Bailiff (security)
Clerk of court (paperwork)
Court reporter (records what is said)
*Members of the courtroom work group work cooperatively based on the shared values of law enforcers to efficiently reach the goals of the criminal justice system.
Adversary System
Prosecutor and Defense Attorney represent opposite sides of a case and therefore have opposite goals.
Some attorneys see themselves as prizefighters (ritualized aggression); while others see themselves as negotiators.
Is the goal to get to the truth or to win?
Basic features of an adversary system of justice:
1) a neutral and passive decision-maker (judge or jury)
2) the presentation of evidence from both sides
3) a set of procedures that must be followed in the presentation of that evidence (constitutional safeguards)
Module 6 Vocabulary
courtroom work group: the social organization consisting of the judge, prosecutor, defense attorney, and other court workers.
judge: the dominant figure in the courtroom who presides over court proceedings and who is held to the highest standards of impartiality.
magistrate: a public civil officer or official with limited judicial authority within a particular area, such as the authority to issue an arrest warrant.
docket: the list of cases entered on a court's calendar and scheduled to be heard by the court.
prosecutor: trial lawyers who initiate and conduct cases in the government's name and on behalf of the people.
defense attorney: the lawyer who represents the defendant in a case (*Note: Public defenders are defense attorneys who are court-appointed and paid by the state to represent defendants who cannot afford to hire their own lawyer.)
bailiff: court worker, often a member of the local sheriff's department, who is responsible for maintaining security and order in the courtroom and attend to the needs of the jurors during trial.
court clerk: court worker who is responsible for the large amount of paperwork generated by a court case, including all matters to be acted on by the judge, the issuance of subpoenas for jury duty, and all evidence and records during the course of the trial.
court reporter: court worker who records everything that is said in pretrial depositions and during trials.
adversary system: legal system in which the prosecution and defense are opponents, or adversaries, and strive to "defeat" each other in court.
The four functions of the courts are:
1. Due Process: protect the rights of the individual against the power of the government
2. Crime Control: protect the public by imposing sufficient punishment to deter criminal behavior
3. Rehabilitation: to “treat” offenders so that they can become productive members of society
4. Bureaucratic: to handle cases with speed and efficiency
Jurisdiction
Jurisdiction is the power of a court to hear a particular case.
Geographic jurisdiction: Courts are typically limited to a particular geographic area (for example, a particular state)
Concurrent jurisdiction – two or more court systems can have jurisdiction over the same case (for example, federal vs. state or state vs. state)
Sometimes multiple trials result from more than one state having jurisdiction over a defendant (to provide a sense of "closure" and to serve as "insurance" against the possibility that a conviction will be reversed)
Extradition – one jurisdiction surrenders the accused to the other jurisdiction.
International jurisdiction - certain nations agree to extradition for crimes committed within their borders. However, it becomes a more difficult situation when a nation wants to prosecute citizens of foreign countries who live outside its borders. For example, the U.S. claims jurisdiction over anyone who commits crimes against U.S. citizens, even if they never set foot on American soil. Piracy and genocide are considered crimes against all nations and can be prosecuted by any nation.
Subject matter jurisdiction: Some courts can only hear cases involving certain subject matter (for example, small claims court, drug courts)
Courts of general jurisdiction have no restriction on the subject matters they hear. (Example: state circuit courts)
Courts of limited jurisdiction are limited in what they hear and decide. (Example: lower state courts hear only misdemeanors and civil cases dealing with damages under a certain amount of money; special courts such as drug courts may also be created in some jurisdictions.)
Original jurisdiction and Appellate jurisdiction
Trial Courts - courts where cases begin - have original jurisdiction
Appellate Courts - courts that review cases from a lower court - have appellate jurisdiction
DUAL COURT SYSTEM
Under America's system of federalism, the federal government and the government of each of the states (and the District of Columbia) have their own separate court systems.
State
Typical system: 1. lower courts of limited jurisdiction, 2. trial courts of general jurisdiction, 3. appellate courts, 4. state’s highest court
FLORIDA: 1. County Courts, 2. Circuit Courts, 3. District Courts of Appeal, 4. Florida Supreme Court
Federal
1. U.S. District Courts – trial courts
2. U. S. Courts of Appeal – appellate courts
3. U.S. Supreme Court (9 appointed Supreme Court Justices)