CH 3 State Courts, CH 2 Federal Courts, CH 1 Courts
The five practices of domestic violence courts today
-A dedicated judge presides over all phases ofdomestic violence cases, and related cases are consolidated. -Ongoing monitoring by judge and staff enables the court to hold offenders accountable. -A resource coordinator prepares information for the judge and is the court's primary liaison with the community -On-site victim advocates serve as the primary linkage to social service agencies -The emphasis is on a coordinated community response that includes information sharing education, and coordination across the criminal justice system.
Military justice
-Proceedings are open to military society -Burden of prood less demanding -Three and five person juries are used -Jurors are military personnel -A two-thirds majority is sufficient to convict -Convictions are automatically appealed to a higher court
qualifications for drug court
-no prior felonies -possession not distribution -admit to addiction and be seeking treatment
U.S. Sentencing Commission consists of
1 chairperson 3 vice chairs 3 commissioners
The supreme court consists of
1 chief justice and 8 associate justices
therapeutic jurisprudence's 5 essential elements
1. Immediate intervention 2. Nonadversarial adjudication 3. Hands-on judicial involvement 4. Treatment programs with clear rules and structured goals 5. A team approach that brings together the judge, prosecutors, defense counsel, treatment provider, and correctional staff
Courts of Appeals California number of judges:
105
There are a total of __ Circuit Courts of Appeal and the State of Florida belongs to the 11th Circuit.
11
The United States has more than _______ trial courts of limited jurisdiction.
11,880
In an effort to restrict the types of minor disputes that may be filed in federal court, Congress in ______ raised the amount in controversy from _______ to _______. This alleviated the dockets somewhat
1996 10,000 75,000
the power of a minority of justices makes a difference in about __% of the Courts cases for the other __% the majority are agreement
25 ; 75
Courts of Appeals Louisiana number of judges:
53
Courts of Appeals Florida number of judges:
61
The caseload of the lower courts is staggering - more than ___________ cases a year, the overwhelming number of which are traffic cases more than _______________ in any given year
62 million; 43 million
Courts of Appeals Ohio number of judges:
69
Florida Court Structure Supreme Court ___ justices sit en band (on bench) District Courts of Appeals ___ Courts ___ judges sit in panels of ___ Circuit Courts ___ circuits ____ judges jury trials except in __________ County courts ___ counties ____ judges
7 5; 62; 3 20; 599; appeals 67; 322
Courts of Appeals Texas number of judges:
80
Grand jury
A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.
list the steps in a typical felony prosecution
A typical felony prosecution begins with an arrest, followed by an initial appearance, the setting of bail, and either grand jury proceedings or a preliminary hearing. If a case survives these hurdles, it proceeds to a formal arraignment, after which decisions about evidence discovery, pretrial motions, and plea negotiations may occur. Cases that are not resolved by plea bargain go to trial. Those convicted at trial are then sentenced and have the right to file an appeal.
Outline the four layers of a typical state court system
A typical state court system includes lower courts (trial courts of limited jurisdiction), major trial courts (trial courts of general jurisdiction), intermediate appellate courts, and the state high court of last resort
Rule of four
A vote of four Supreme Court justices is needed to grant certiorari ( "to be informed of") in order to review a case
ICAs hear both civil and criminal appeals except for __________ and ___________ who have separate courts for criminal and civil
Alabama & Tennessee
U.S. Sentencing Commission
An independent agency of the judicial branch of the US government that creates sentencing guidelines for the federal court system.
What term is used interchangeably with Preliminary hearing despite there being a difference
Arraignment
_________ provides that Federal Courts may be given jurisdiction over "Cases, in Law and Equity", arising under this Constitution, The Laws of the United States, and Treaties made, or which shall be made under their authority".
Article III
Explain the historical evolution of the federal courts into their present structure and operations.
Article III of the U.S.Constitution established the U.S. Supreme Court and gave Congress the power to create lower courts. Congress has exercised its authority under Article III to create inferior courts at different times in U.S. history. Today, the trial courts that primarily exercise original jurisdiction in the federal system are the U.S. District Courts, whereas most appeals are resolved by the U.S.Courts of Appeals.
state high court of last resort, working through court administrators, providing leadership for the state court system
Centralized Administration
most federal question cases concern the application or interpretation of a statute enacted by
Congress
Identify how problem-solving courts using therapeutic jurisprudence handle cases
Courts using therapeutic jurisprudence have five essential elements: (1) immediate intervention, (2) nonadversarial adjudication, (3) hands-on judicial involvement, (4) treatment programs with clear rules, and (5) a team approach to treatment
Prosecutors will give ____________ they trust extensive info, in hopes of arriving at a ________
Defense attorneys, plea deal
The only other avenue for appeal for a disgruntled litigant is the U.S. Supreme Court, but successful applicants are few and must involve important questions of _______________.
Federal Law
Enemy combatants are subject to the
Geneva convention
Define the four primary types of jurisdiction: geographical, subject matter, personal, and hierarchical
Geographical jurisdiction limits the power of courts to adjudicate disputes arising within certain geographic boundaries Subject matter jurisdiction concerns the types of cas es a court may hear and decide.Personal jurisdiction refers to a court's power over a specific person or legal entity (such as a partnership or corporation) Hierarchical jurisdiction concerns whether the court has the power to originally decide a case or to review it on appeal
Difference between preliminary hearing and arraignment
In an Arraignment the defendant enters a plea
State officials in 39 states responded to the growing amount of appellate cases by creating _______________________________.
Intermediate courts of appeals (ICAs)
Hierarchical Jurisdiction
It refers to differences in the court's functions and responsibilities. Original jurisdiction means that a court has the authority to try a case and decide it. Appellate jurisdiction means that the court has the power to review cases that have already been decided by another court.
adversary system
Judge Neutral arbitrator (Plaintiff) Prosecution vs. Defense Decided by jury (sometimes judge)
identify the most important actors in the courthouse
Judges, prosecutors, and defense attorneys are the most important actors in the courthouse. Defendants and victims are also important because they are the source of cases for the courts.
CSI effect
Jurors expectations of forensic evidence in even the most mundane of cases has been called...
list the four key elements defining law
Law is defined as: (1) a body of rules (2) enacted by public officers (3) in a legitimate manner (4) backed by the force of the state.
Substantive law
Law that deals with the content or substance of the law-for example, the legal grounds for divorce
________________are typically controlled only by the local government bodies that create them and fund them.
Lower courts
identify the major elements of a crime
Most behavior cannot be criminal unless: (1) an actus reus (a guilty act) is committed, (2) with accompanying mens rea (criminal intent), and (3) the guilty act and the criminal intent are related. In addition, a number of crimes are defined on the basis of (4) attendant circumstances, and/or (5) specific results.
Power to nominate these justices is vested in the ________________, and appointments are made with the advice and consent of the Senate.
President
_______________ present sentencing recommendations to a judge
Probation officers
identify some of the most important legal defenses in American Law
Some of the most important legal defenses in American law include alibi, necessity, mistake of fact, self-defense, procedural defenses, infancy, and insanity.
Geographical Jurisdiction
Sometimes called territorial jurisdiction in criminal cases is primarily concerned with a sovereign's power to punish conduct that violates its criminal laws.
Tensions and Conflicts
Tensions and conflicts occur among the components of the criminal justice system. The interrelationships among the three components are often marked by tension and conflict because the work of each is evaluated by the other: the police make arrests, yet the decision to charge is made by the prosecutor, and in turn the judge and the jury rate the prosecutor's efforts.
explain the importance of the adversary system
The adversary system seeks to protect individual rights by diffusing governmental power in several actors and insisting that the defendant is presumed innocent until proven guilty.
List the key components of court unification
The key components of court unification include simplified court structure, centralized administration, centralized rule making, centralized judicial budgeting, and statewide financing.
identify the three key characteristics common law
The three key characteristics of the common law are: (1) judge-made law, (2) precedent, and (3) multiple sources of law.
Compare and contrast the tasks of trial and appellate courts
Trial courts are primarily concerned with considering evidence to resolve factual decisions within the bounds of the law. Appellate courts primarily review the legal decisions made by trial courts. In doing so, they serve dual purposes: error correction and policy formation..
Congress created the __________________ in 1891 to relieve the Supreme Court from hearing the growing number of appeals.
U.S. Court of Appeals
Analyze the different responsibilities and workloads of U.S. magistrate judges, district judges, circuit judges, and Supreme Court justices
U.S. magistrate judges assist U.S. district judges by conducting pretrial criminal matters, supervising discovery in civil cases, and making reports and recommendations concerning the disposition of motions and prisoner petitions. District court judges preside over trials and write opinions adjudicating many types of civil disputes. Typically sitting in panels of three, circuit judges review the records in cases appealed from district courts and write opinions ruling on the merits of legal arguments raised in those appeals.
inquisitorial system
Under an inquisitorial system of justice however, the defendant is guilty until proven innocent, therefore is the defendant's burden to prove his innocence.
In state courts, _______ can generally be transferred only to another district or county within a particular state since only the courts of that particular state would have geographic jurisdiction over alleged violations of its own criminal law.
Venue
dual court system
a court system made up of both federal and state courts
The Constitutional Convention
a resolution was unanimously adopted that "a national judiciary be established"
U.S. Magistrate Judges were created for the purpose of
alleviating the workload of the U.S. district courts
The ICA must hear all properly filed ___________. Subsequent appeals are at the discretion of the ___________________.
appeals; higher court
trial courts of general jurisdiction
are empowered to hear all others types of cases within the geographical jurisdiction of the court.
police
are responsible for apprehending criminals
the courts
are responsible for determining the guild of innocence and sentence to those arrested of a crime
Trial courts of limited or special jurisdiction
are restricted to hearing a limited categories of cases, typically misdemeanors and civil suits involving small sums of money.
Article 1 legislative courts, Examples:
bankruptcy judges, Magistrates
A trial tried by a judge sitting alone is called a
bench trial
Law
body of rules enacted by public officials in a legitimate manner and backed by the force of the state
corpus delicti
body of the crime
Diversity of Citizenship
cases involving suits between citizens of different states or between a U.S. citizen and a foreign country or citizen
Judicial bodies established by Congress under Article III are known as __________________
constitutional courts
The Judiciary Act of 1789/1891
created seperate federal district courts
Marbury v. Madison
declared that the U.S. Constitution granted courts the power of judicial review
Arraignment
defendant is given a copy of the formal charges, advised of his rights (more extensively) and is for the first time called upon to enter a plea. Little of importance happens
A court gains power over a particular defendant by virtue of the ____________having done some act within the place where the court is located or having had some contact with the place in which the court is located.
defendant's
Which of these are private citizens?
defense attorneys and bail agents
Magistrate judges are selected by
district court judges
The most common names for courts that have general jurisdiction are _______________________
district, circuit, and superior.
Today ___________ represent the most numerous and widely adopted type of problem-solving court.
drug courts
Full time magistrates are appointed for
eight year terms
due process model
emphasizes individual rights at all stages of the justice system processing
ICAs engage primarily in __________________; they review trials to make sure that the law was followed.
error correction
Procedural laws
establishes methods for enforcing legal obligations
Discovery
exchange of information prior to trial
Appellate courts
exercise appellate jurisdiction do not hear testimony from witnesses, conduct trials, or use juries.
All that needs to be shown is __________ the defendant committed the crime
fair probability
the overall standard amongst the ICAs is one of _______________
fairness
At the _______ level Venue can be changed between districts of the federal system since the offense is against the United States - the same sovereign in federal courts across the country.
federal
Discuss the major types of courts found in the United States
federal and state courts with one or two levels of appellate courts
Cases that fall under Article III jurisdiction are generally referred to as involving a ____________.
federal question
The Courts of Appeal are the intermediate appellate courts of the ________________.
federal system
ICAs represent the ______ stages of the process for most litigants
final
A decision by the state's intermediate appellate court is the ________ one for ________ cases
final; most
How long do district judges serve?
for life
Part time magistrates serve for
four year terms
The term _____________________means that these courts have a legal authority to decide all matter not specifically delegated to the lower courts.
general jurisdiction
Article 3 constitutional courts have a _________ degree of independence from the other two branches of government
greater
actus reus
guilty act
mens rea
guilty mind, criminal intent
Article 1 judges
have a specific term
trial court
hear testimony from witnesses, conduct trials, or use juries.
defense of excuse
impairment, youth, and insanity
Judges
in State courts are mostly elected by referendum (voters). Federal Judges, on the other hand are nominated by the President of the United States and confirmed by the U.S. Senate.
ICAs handle the bulk of caseloads in the appellate system, and their workload has _________________ dramatically the past decade.
increased
At the first level of state courts are trial courts of limited jurisdiction, sometimes referred to as
inferior courts or lower courts
The state high courts of last resort are the ultimate review board for matters involving ___________________________.
interpretation of state law
Venue
is a particular location or area in which a court having geographical jurisdiction may hear a case.
felony
is an offense where the punishment can exceed more than a year in prison.
corrections
is responsible for carrying out the penalty imposed to those who are found guilty.
Common law
judge made, uses precedent and is found in multiple sources
Trials can be tried by a __________ or by ______
judge sitting alone; or by a jury
a group of ________ makes appellate court decisions
judges
Defense of Justification
justifies use of force
uncodified
key characteristic of the Common Law is that it is found in multiple sources
Describe how the courts are related to the other components of the criminal justice system.
law enforcement, courts, and corrections are separate sets of organizations, but they are also interdependent. The courts process cases after suspects are arrested, and corrections handles defendants who are found guilty by the courts.
The former colonists distrusted ____________and harbored misgivings about English Common Law.
lawyers
Article 3 judges serve for
life
The defense has to provide _______________ information to the prosecutor.
little to no
At the second level of the state courts are the trial courts of general jurisdiction, usually referred to as the _________________.
major trial courts
Most __________ are made during trial, few made beforehand
motions
On the rare occasion a grand jury refuses to indict it is called a
no bill
Most defendants at an arraignment plea __________
not guilty
name the four amendments of the bill of rights that deal specifically with criminal procedure
of the first ten amendments to the U.S. Constitution-collectively known as the Bill of Rights-the Fourth, Fifth, Sixth, and Eight deal specifically with criminal procedure
dual court system
one national court system and separate court systems in each of the 50 states and the District of Columbia.
Death penalty
only sought in a small fraction of murder cases
Magistrate judges in short, under specified conditions and controls, may
perform virtually all tasks carried out by district court judges, except trying and sentencing felony defendants.
writ of certiorari
petition by a party to review a case decided by one of the circuit courts of appeals or the highest court of a State.
Negotiating a plea of guilty
plea negotiation
jurisdiction
power of a court to decide on a dispute
Magistrates in felony cases are responsible for
preliminary proceedings, including holding initial appearances, conducting preliminary hearings, appointing counsel for indigents, setting bail, and issuing search warrants.
In misdemeanor and petty offense cases, the jurisdiction of magistrate judges is more extensive; they may
preside over trials, accept pleas of guilty, and also impose sentences.
How are district judges appointed?
president nominates, senate confirms
__________ calls witnesses first
prosecution
Grand juries and preliminary hearings are dominated by the _________________
prosecutor
preliminary hearing
prosecutor must prove to a judge that a crime was committed and that there is probable cause
In some states, but not all, the _______________ is required to turn over a copy of the police reports to the _______________ prior to the trial
prosecutor; defense attorney
Violation
punishable by fine, probation, or short term jail sentence of less than 30 days typically
Misdemeanor
punishable by fines or less than 1 year imprisonment
Appeals are ___________ successful
rarely
After the American Revolution, the functions of the state courts changed markedly. Their governing powers were drastically __________ and taken over by the legislative bodies
reduced
Personal Jurisdiction (in personum jurisdiction)
refers to a court's power over an individual person or corporation.
Thus, state legislatures often responded to unpopular court decisions by
removing some judges or abolishing specific courts all together.
Motions
requests for judge to make decision
precedent, often referred to as stare decisis
requires a judge to decide a case by applying the rule of law found in previous cases, provided the facts in the current case are similar to the facts in the previous cases. By following previous court decisions, the legal system promotes fairness and consistency.
Articles 3 judges are protected against ________ and Article 1 judges are not
salary deductions
The climate of the courts ________ between both models
shift
Opening statement
side makes statement about what they think the evidence shows
Over the past five decades, the caseload of the courts of appeals has ______________________
skyrocketed
Only a _________ percentage of ICA appeals result in a victory
small
The court of last resort is generally referred to as the ____________________________ The specific names vary from state to state,, and to further complicate the picture, Texas and Oklahoma have two courts of last resort- one for civil appeals and one for criminal appeals.
state high court of last resort.
One pretrial motion made by defense attorneys is the ____________ on the grounds of how it was obtained
suppression of evidence
Power of judicial review
the authority to invalidate acts of congress as unconstitutional
distinguish between the crime control model of criminal justice and the due process model of criminal justice
the crime control model emphasizes crime deterrence while the due process model emphasizes individual rights
explain how a "law in action" perspective complements a "law on the books" approach to studying the criminal courts
the law on the books approach to studying the criminal courts stresses the importance of examining the formal law and how courts interpret that law. the law in action approach is complementary because it stresses the importance of discretion throughout a criminal prosecution
Criminal justice system
the numerous public agencies involved in implementing public policy concerning crime
Drug courts emphasize
treatment
single judges decide in ______ courts
trial
Appeal victories are short lived since the majority of defendants who win the right to a new trial are often reconnected in their second trials
true
The U.S. Supreme Court is the court of last resort in the federal court system from which no appeal is possible.
true
Today, there are 179 circuit court judges who hear more than 1,000 cases per 3 judge panel.
true
If the grand jury finds probable cause to hold the defendant for trial, it returns an indictment also called a __________
true bill
Appellate courts are _________________ to defendants
unsympathetic
Structure of the ICAs _______
vary
The following are the multiple sources of law:
‐ Constitution ‐ Statues ‐ Administrative Regulations ‐ Judge‐Made Law
