Criminal Courts

The Supreme Court

"Court of last resort" Has original jurisdiction over a very small number of situations, including suits between states, suits between the U.S. and a state, and suits between a state and a foreign citizen. The bulk of the Court's docket comprises cases taken on appeal from either the federal courts of appeal or state supreme courts. Appellate docket is entirely discretionary—the Court may choose which cases to hear and not hear.

Merit system

1. A nonpartisan nominating commission selects a list of potential candidates, based on the candidate's legal qualifications. 2. The governor makes a selection from this list. 3. The person selected as a judge stands for election (retention) within a short time after they are selected, usually within one year

Additional structural changes involving the courts system

1. Created U.S. magistrate judges in 1968 2. Charing the U.S.Sentencing Commission to develop sentencing guidelines in 1984.

What is exclusive jurisdiction?

It means certain cases cannot be handled in a state court. Exception would be a drug trafficking offense that crosses the border of various states.

Limitations of Judiciary Act of 1789

1. Federal trial court jurisdiction, due to the Anti-Federalists' concerns about an overbearing judiciary. 2. The act stipulated that the boundaries of the federal district and circuit courts were to be drawn along state lines.

Pretrial Proceedings

1. File a complaint or an arrest. 2. Issue a search/arrest warrant. File an affidavit that includes facts from the case. Probable cause must be present. 3. Booking occurs. 4. Initial court appearance--brought before a magistrate "without unnecessary delay". BAIL IS SET HERE. 5. Preliminary examination. Critical stage for prosecution. If PC is established, the defendant is "bound over" for trial.

Why prosecute a case?

1. Nature and seriousness of crime 2. Offender's culpability 3. The likelihood of being able to obtain a conviction at trial.

Limited jurisdiction facts

1. They are the only experience that person will have with the court system. 2. These courts process a tremendous amount of cases, and there are a lot of courts. 3. These courts are often involved in the crucial early stages of criminal cases, in the issuance of warrants and the determination whether to set bail and to hold the suspect over for trial.

The number of judges in a district ranges from...

2-28

State supreme courts

48 states have one court 2 (Oklahoma and Texas) have 2 ~3-9 judges in each court Usually hear the majority of appeals on a discretionary basis, similar to the U.S. Supreme Court. Exception: States that do not have an intermediate appellate court and, in other states, death penalty cases (smaller, less populous states)

How many state court systems are there?

50

How many U.S. district courts are there?

94

Vertical model of prosecution

A case is assigned to a single prosecute who is responsible for the case at each step in the judicial process from initial appearance through a final disposition. This is used in smaller jurisdictions that lack the personnel to operate under a horizontal method. Advantage: Allows victims and witnesses to deal with one attorney, adding to their level of comfort and trust in the prosecution as it goes forward.

What did the Judiciary Act of 1789 create?

A federal judicial system composed of the Supreme Court; three circuit courts, each made of up two Supreme Court justices and a district court judge; and 13 district courts.

What is a peremptory challenge?

A juror is kicked out with no available reason

Voir dire

A preliminary examination of a witness or a juror by a judge or counsel. Purpose: Obtain an unbiased jury

Habeas corpus

A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention. Indirect appeal.

Federal district courts ______ courts of general jurisdiction.

ARE NOT. Rather, they have jurisdiction to hear only those types of cases specified by acts of Congress, and Congress may authorize the district court to hear only those cases and controversies specified in Article III.

What is a writ of certiorari?

An order issued by the Supreme Court to the lower court to send the record of the case up to the Supreme Court. The justices vote whether to accept a case. If four or more justices vote to accept a case, it is placed on the Court's docket ("rule of four").

Baldwin v. New York

Appellant was charged with a misdemeanor in the New York City Criminal Court. Under § 40 of the New York City Criminal Court Act all trials in that court are without a jury. Appellant's motion for a jury trial was denied, he was convicted, and given the maximum sentence of a year's imprisonment. The highest state court affirmed, rejecting appellant's contention that § 40 was unconstitutional. The Court decided that a defendant has a right to a trial by jury only when the penalty he or she faces consists of more than 6 months of incarceration.

Judicial selection methods

Appointment (by the cheif exec.), election and the merit system

Horizontal model of prosecution

Assistant prosecutors are assigned to units that handle specific steps or functions in the judicial process that are routine in nature and involve limited discretion. Ex: Regardless of the type of case, one attorney or a group of attorneys may be responsible for all initial appearances, another for preliminary hearings, and others for arraignments, and so on. This is generally used in larger offices as it handles a large number of cases with great efficiency.

What is retained counsel?

Attorneys selected and paid by the defendant

Bench trials

Cases tried by the judge--no jury

Court of Appeals Act of 1891

Created the circuit courts of appeal. Added a new layer of intermediate appellate courts that would hear appeals from the district courts Gave the Supreme Court more discretion in deciding which cases to hear.

Federal court system consists of THREE primary tiers

District courts, intermediate appellate courts and the Supreme Court.

What is exculpatory evidence?

Evidence that tends to suggest the defendant is innocent

The right to counsel

Gideon v. Wainwright; Argeresinger v. Hamlin

The provision of Article III (U.S. Constitution)

Gives Congress the power to establish inferior courts represented a compromise between states' rights advocates (Anti-Federalists), who argued that state courts should hear all cases in the first instance and that the federal supreme court should only hear appeals from the state courts, and advocates for a strong national government, who wanted a complete set of trial and appellate courts that would hear cases involving the national government or citizens from different states. By establishing only the Supreme Court but giving Congress the power to establish other federal courts, the framers of the Constitution postponed debate on this issue.

Federal prosecutor

Government is represented by the Attorney General. The Judiciary Act of 1789 provided that within each judicial district, an attorney shall be appointed by the president and represent the government in federal prosecutions. 4 year terms. Politically appointed position. AUAs carry out most of the operations.

"Indictment" is filed by...

Grand jury

NO bill

Grand jury refuses to indict the defendant

True Bill

Grand jury returns an indictment

Courts of limited jurisdiction

Have the ability to issue search and arrest warrants Conduct the preliminary stages of felony cases, such as the preliminary hearing and arraignment. Often not apart of the state court system. Most are controlled by a county.

State appellate courts

Hear civil and criminal appeals from the lower courts within their jurisdiction. Appellate courts review the record from the trial court; they do not hear new testimony from the persons involved in the case and they do not consider new evidence. Issues commonly raised: jury selection, ineffective assistance of counsel, failure to exclude evidence that was obtained improperly and coerced confessions or guilty pleas.

Thiel v. Southern Pacific Co.

How jurors are decided on

What is jurisdiction?

It involves the legal authority of a court to hear a case. It is conferred by statutory or constitutional law.

What is trial de novo?

It is an entirely new trial.

What is general jurisdiction?

It means a court has the authority to hear a variety of cases and is not limited to hearing only a particular type of case. Ex: The state trial court, which often has the authority to hear all manner of civil and criminal cases. Civil cases involve a dispute between two private parties (contract/property law). Criminal cases involve a prosecution of an individual by the state for violating the law.

Lay witnesses

Individuals who are called to testify for either the prosecution or the defense. They aren't allowed to offer opinions, like expert witnesses are allowed to do. Can vouch for the character of the defendant.

Judge

Issue search warrants Decide whether bail is required, and if so, how much it would be Whether there is sufficient evidence to hold a defendant Whether pretrial motions filed by the prosecutor or the DA should be granted or not

What is subject matter jurisdiction?

It involves the authority conferred on a court to hear a particular type of case. Some courts may hear only a specified type of case, such as a type of juvenile court or probate court. Other courts are given broad subject matter jurisdiction and may hear both civil and criminal proceedings of all kinds.

What is personal jurisdiction?

It involves the authority of the court over the person. A court may acquire person jurisdiction over a person if that person comes in contact with the court, either by being a citizen of the state or by committing an act (criminal or non-criminal) or series of acts within the state.

What is hierarchical jurisdiction?

It involves the division of responsibilities and functions among the various courts. There is original jurisdiction, and appellate jurisdiction, as well as limited and general jurisdiction.

What is limited jurisdiction?

It means that a court is limited to hearing only a particular class of cases. Ex: Traffic court, juvenile court and probate court. Smaller jurisdictions often do not have such courts, instead combining all the specialized courts in one court because of limited resources. Courts that deal with the less serious offenses and civil cases. Ex: Minor criminal cases, traffic offenses, violations of municipal ordinances and civil disputes under a certain amount.

What is original jurisdiction?

It means the power of the court to hear the case initially. Ex: In federal court, all felony-level cases begin in the district court, while a suit between two states would start at the Supreme Court level. The court os original jurisdiction is where the trial takes place.

What is appellate jurisdiction?

It means the power of the court to review a decision of a lower court. Appeals courts may affirm or reverse lower court judgments and either enter a new judgment or send the case back down to the lower court for reconsideration in light of its decision.

What is geographic jurisdiction?

It refers to the authority of courts to hear cases that arise within specified boundaries, such as a city, country, state or country. Also referred to as "venue". Ex: A murder cannot occur in Texas and be prosecuted in North Carolina. It has to be the same state and county where the crime took place.

What is diversity of citizenship?

It refers to the situation where the opposing parties are from different states. Federal courts were given diversity jurisdiction originally, as the founding fathers feared state courts would be biased.

What did the Judiciary Act of 1789 require?

It required federal district judges to be residents of their districts--that is, each judge was required to be a resident of the state in which the district court was located.

Who are considered to be "courtroom actors"?

Judge, prosecutor, defense attorney and jury

What was the first Senate bill introduced?

Judiciary Act of 1789

Assistant U.S. attorney

Lawyers who often work as federal prosecutors for their entire career. They make charging decisions, conduct plea negotiations, appear in court and perform tasks similar to local and state prosecutors. Generally keep their positions, even when U.S. Attorneys are changed out.

Appellate courts have what types of jurisdiction?

Mandatory and discretionary

Courts outside the judicial branch of government

Military courts, the Court of Veterans Appeal and the U.S. Tax Court.

The federal courts

Much more limited jurisdiction than do the state courts, especially with regards to criminal matters. Only hear cases in which the U.S. is a party, involving violations of the Constitution or a law passed by Congress, cases involving citizens that reside in different states (exclusive jurisdiction) and some special types of cases such as bankruptcy cases and patent cases. Criminal cases take precedence

Do appellate courts conduct a retrial?

No. Rather, they are generally limited to a review of the trial record to determine if there were any major legal errors. The court hears oral arguments by the attorneys for each side, reads legal briefs filed with the court, and bases its decision on these materials rather than new evidence.

What happened in the late 1800s?

Numerous laws were passed by Congress expanding the jurisdiction of the federal courts and adding new circuit court judges.

What are the primary types of jurisdiction?

Personal, subject matter, geographic and hierarchical

State Prosecutors

Popular election; 4 year term. Nonprosecutorial duties: provide legal assistance and advice to the various elected officials, boards, agencies, and employees of the country regarding official matters. Juvenile and dependency matters: Child welfare and dependency issues, filing petitions that protect abused or neglected children (as well as vulnerable adults), file involuntary commitment actions that provide necessary treatment for individuals who are mentally ill, chemically dependent, or mentally handicapped. Child support enforcement Victim assistance Civil asset forfeitures Primary role: Oversee the adjudication of criminal matters. Assists law enforcement officers--is there PC? How will the investigation proceed?

Federal judges, including the justice of the Supreme Court, are appointed by the...

President, confirmed by the U.S. Senate and serve life terms with "good behavior".

When does discovery usually occur?

Pretrial

"Information" is filed by...

Prosecutor

Court administrators

Responsible for facilitating the smooth flow of cases Maintain court records, schedule cases for hearings and for trial, and manage court personnel.

What are magistrate judges?

Subordinate judicial officers. They conduct preliminary proceedings in cases before the district court and issue warrants. Judgments entered by magistrates are considered judgments of the district court.

What happens when a defendant requests a change of venue?

Such a request must be based on evidence that it is impossible for the defendant to receive a fair trial in the original court, perhaps because of substantial adverse publicity.

Supreme Court appeals

Supreme Court hears appeals from both courts of appeals and state supreme courts. However, the decisions of state supreme courts will only be reviewed by the Supreme Court if they involve a "substantial federal question". Ex: Constitutional rights were violated—was denied a fair trial or a seedy trial, jury was selected in a racially discriminatory manner, or the defendant did not receive adequate representation by his DA. Many landmark Supreme Court cases in the area of criminal procedure are cases that were appealed from state supreme courts.

What did the Judiciary Act o 1789 reflect?

The Anti-Federalists' desire to see the federal courts "connected" in some sense to the political culture of each state.

Judiciary Act of 1801

The Federalists were successful in convincing Congress to enact this act, which added permanent circuit court judges and expanded the jurisdiction of the federal courts. However, the act was repealed the following year when the Anti-Federalists took control of Congress.

Appeals to the federal court of appeals come only from...

The U.S. district courts.

District courts are authorized to hear any civil matter, even if it involves state law, IF:

The amount in question exceeds $50,000 and the parties are diverse i.e. of different states.

What is discretionary jurisdiction?

The court can decide which cases it wants to hear. State supreme courts in states with an intermediate appellate court hear most of these cases.

What is mandatory jurisdiction?

The court must hear all properly filed appeals. Intermediate appellate courts and supreme courts in states without an intermediate appellate court handle mandatory appeals.

Who are considered the workhorses of the American judicial system?

The state courts

Attorney general

The state's chief legal officer

What is the district court?

The trial court, or court of original jurisdiction, for the federal court system.

First level of state trial courts include:

The trial courts of limited jurisdiction

Courts of appeal AKA circuit courts

These courts handle appeals of decisions handed down by the U.S. district courts in the circuit. There are 13 court of appeals: 11 for the 50 states, 1 for the D.C. and 1 for the federal circuit. The jurisdiction of the court of appeals for the federal circuit is defined by statute to include appeals rom several federal administrative agencies, patent claims and decisions of the u.S. Claims Court and the U.S. Court of International Trade, two specialized federal trial courts. Both criminal and civil matters may be heard. 179 judges assigned to the circuit court of appeals. Appeals are heard by three-judge panels—it constantly changes. The judges overlook the oral/written arguments and decide whether to affirm or reverse the lower court ruling.

Judges Bill of 1925

This bill gave the district courts original jurisdiction to try cases involving federal questions, with the right of one appeal to the circuit courts/ As a result, most cases can no longer be appealed as a matter of right to the Supreme Court.

Supreme Court has three main purposes:

To resolve disputes between states To resolve conflicting opinions of lower federal and state courts To resolve constitutional questions

Courts of general jurisdiction

Trial courts for criminal and civil matters. Also, they are courts for original jurisdiction, in that it is here that trials for felonies are held. Generally authorized to hear any matters not exclusively designated for courts of limited jurisdiction. May also hear appeals in the form of trial de novo from lower courts.

Specialized trial courts

U.S. bankruptcy courts, the U.S. Court of International Trade and the U.S. Claims Court.

Jury pool is also called...

Venire

Describe the U.S. Court System

We have a dual court system that includes 50 separate sate court systems, which differ from one another on a number of important dimension, and the federal court system.

Most members of the Supreme Court have been...

White, male and Protestant

Examples of crimes tried in federal courts

White-collar, kidnapping, bank robbery, mail fraud, and civil rights abuses.

Can two or more states charge a criminal with kidnapping?

Yes. The crime is ongoing, therefore each sate can change the kidnapper with a crime. Furthermore, the states can prosecute without violating the prohibition on double jeopardy, as they are each separate sovereign governments. Each state derives its authority from a different source. However, a state and a county in that state cannot do so, as the county derives jurisdiction from same source as the state.

Are federal judges appointed for life?

Yes. They hold office "during good behavior".

How many federal district judges are there?

~680. They are appointed for life.