Chapter 7

United States Courts of Appeal

-94 judicial districts comprise 13 intermediate appellate courts in the federal system -referred to as the federal circuit courts -12 circuits based on geographic locations and 1 federal circuit, which has nationwide jurisdiction to hear appeals in specialized cases. -these courts hear challenges to lower court decisions from the U.S. district courts located within the circuit -they also hear appeals from decisions of federal administrative agencies (social security court or bankruptcy courts.)

writ of certiorari

-An order by a higher court directing a lower court to send up a case for review -When the defendant challenges the conviction on direct appeal

civil law countries

-European nations -the police, prosecutors, or investigating magistrates question witnesses prior to trial and write summaries of their statements.

original jurisdiction

-The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts of a case. -these cases are rare in the Supreme Court

Public defenders

Court-appointed attorneys who are paid by the state to represent defendants who are unable to hire private counsel.

general jurisdiction trial courts

Courts that hear any civil or criminal cases that have not been assigned to a special court

taken under advisement

Held until further information can be provided.

acquitting

free (someone) from a criminal charge by a verdict of not guilty.

courts of general jurisdiction

state or federal courts that have jurisdiction over felony offenses and more serious civil cases

reply brief

the brief filed by the appellee that attempts to rebut the appellant's grounds for the appeal

indigent

when a person has insufficient financial resources to pay for a lawyer.

plain error

when a trial court makes an error that is so obvious and substantial that the appellate court should address it, even though the parties failed to object to the error at the time it was made

United States District Courts

-also known as "Article III Courts" -Main trial courts in the federal court system -94 district courts located in the states and four territories -they handle prosecutions for violations of federal statutes. -Each district court is described by reference to the state or geographical segment of the state in which it is located -they have jurisdiction over all prosecutions brought under federal criminal law and all civil suits brought under federal statutes. -criminal trials in these courts are presided over by a judge who is appointed for life by the president with the consent of the Senate (these trials can also be jury trials) -the can review petitions for writs of habeas corpus brought by state prisoners.

matters of discretion

-appellate court will only overturn the trial judge if they find such a decision was an abuse of discretion

Courtroom Players

-attorneys -plaintiff -defendant -judge -jury -court reporter -bailiff

United States Magistrate Courts

-courts of limited jurisdiction (do not have full judicial power) -conduct pretrial proceedings, such as setting bail, issuing warrants, and conducting trials of federal misdemeanor crimes -more than 500 Magistrate Judges who dispose of over 1 million matters. -Also known as "Article I Courts" -appointed for 8-year terms

Waiving Counsel

-defendant's have the right to represent him or herself at trial. -Judges will often appoint a standby counsel to assist defendants, usually there to answer questions or step in if the defendant is engaging in misconduct.

Scheduling Clerk

-docketing clerk -sets all hearings and trials on the court docket -very important because ineffective or inefficient scheduling causes delay, frustration and may impede the justice process. -keeps tracks of law enforcements' and defense attorneys' scheduled vacations. -must be mindful of judges calendars which should track vacation time, training days, desk time, and time necessary for resolving cases they have taken under advisement

Trial judge selection and qualifications

-get a bachelors degree -pass the LSAT (lawyer test) -earn juris doctorate -pass the bar -practice law as a lawyer -obtain judgeship -be under 70 years old when hired -many states elect, appoint, or select judges based on merit -can be appointed by: partisan political election, non-partisan election, combination of nomination by a commission, reelection periodically.

prosecutor's function

-guide the criminal investigation and work with law enforcement to procure search and arrest warrants. -meets with the arresting officers, interviews witnesses, visits crime scenes, reviews the physical evidence, determines the offenders prior criminal history, makes bail and release recommendations, initiates plea negotiations, initiates diversions, represents the state, and makes sentencing recommendations during hearings

Appellate decisions

-in most appeals filed, the panel will rule but not write a supporting document (written opinion) stating why it ruled as it did. -usually will affirm the lower court's decision without an opinion (AWOP) -sometimes will support their decisions with a written opinion stating why the panel decided to affirm (uphold) or reverse (overturn) the lower court's decision -upholding or overturning a case from the lower court requires a majority opinion from the panel, or the entire court when it is a Supreme Court case.

Trial Courts

-jurisdiction over pretrial matters, trials, sentencing, probation, and parole violations. -deal with facts -determine guilt and impose punishments.

United States Supreme Court

-located in Washington D.C. -Highest appellate court in the Federal judicial system -consists of 9 justices sitting on one panel with their clerks and administrative staff. -decisions have the broadest impact because they govern both the state and federal judicial system -supervises the activities of the lower federal courts -these 9 justices have the final word in determining what the U.S. Constitution permits and prohibits. -they may send cases back (after reviewing them) to state supreme courts for them to determine what their state constitution holds. -contains original jurisdiction in important situations (for example, when one state sues another, ambassadors, public ministers, and consuls)

judicial assistants, Judicial clerk, and Law clerk

-main assistants for judges -The court clerk works directly with the trial judge and is responsible for court records and paperwork before and after the trial. -clerk prepares all case files that the judge will need for the day -during hearings and trials, these clerks record and mark physical evidence introduced in the trial, swear in the witnesses, administer the oath to the witness, take notes cataloging the recordings, etc. -law clerks are sometimes lawyers who just completed law school and may have passed the bar exam or students who usually have specialized paralegal or legal assistant training.

Federal Appellate Review of State Cases

-most cases do not get reviewed by the Supreme Court, they usually are discretionary and they will only accept when the cases appear to involve a significant question involving the federal constitution. -most states make rulings about both the federal constitution and its own state constitution.

local and state trial court administrators

-oversee the administration of the courts -hiring and training court personnel (clerks, judicial assistants, bailiffs) -ensures that the court caseloads are efficiently processed -keeps records -ensures local court rules are being implemented -establishes effective communications to promote the expedient resolutions of civil and criminal cases

per curium opinion

-phrase used to distinguish an opinion of the whole court from an opinion written by any one judge. -Sometimes per curium signifies an opinion written by the chief justice or presiding judge; it can also refer to a brief oral announcement of the disposition of a case by the court that is unaccompanied by a written opinion

state prosecuting attorneys

-represent the citizens of the state, not necessarily a particular victim of a crime -district attorney, county attorney, or state attorney -usually elected from a single county of group of counties combined into a prosecutorial district -usually has the authority that trumps over the local prosecutors' authority but they rarely intervene in local matters -specialize in civil matters -must be a member of the state bar. -usually has multiple years of practice of law. -deputy district attorneys are frequently fresh out of law school

trial judges

-responsible for presiding over pre-trial, trial, and sentencing hearings, as well as probation and parole revocation hearings. -they issue search and arrest warrants, set bail or authorize release, sentence offenders, engage in pre-sentence conferences with attorneys, work with the court clerks, bailiffs, jail staff, etc. -have considerable (not unlimited) discretion -subject to judicial codes of conduct and bound by the applicable rules of law when deciding cases and writing their legal opinions. - During Pretrial: judges make rulings on the parties' motions and take the defendant's guilty or not-guilty plea. -At Trial: if the defendant waives a jury, there is a bench trial, and the judge is given more discretion when deciding what facts were proven (or not) by the parties and what witnesses he or she finds credible. The judge rules on the admissibility of evidence, whether witnesses are competent, whether privileges exist, whether witnesses qualify as experts, and whether jurors will be excused from jury service. At the end of the trial, the judge gives a set of jury instructions. If the defendant is convicted, the judge will impose the sentence, except for the death penalty (jurors usually do this)

Appellate courts

-review the decisions of the trial courts -primarily concerned with matters of law -correct legal errors made by trial courts -develops law when new legal questions arise -they do not hold hearings (where evidence is collected) but they review the record (transcript) of the trial court. -they may determine if the evidence is enough to uphold a conviction

Jurisdiction

-the official power to make legal decisions and judgments. -may be based on the function of the court, such as the difference between trial and appellate functions

Jurisdiction based on subject matter

-used primarily to distinguish between different trial courts. (which specialized court each case can go through)

Term in office (tenure) for judges

-varies from 4-16 years. -appellate level judges have minimum of 6 years per term, many states have 10 or more years. -federal judges are appointed by the president (us circuit court and U.S. Supreme Court) with advice and consent from the Senate, usually they are for life or "good behavior" -Magistrates are appointed for 4 or 8 year terms.

order of reversal

-when a case is reversed, in most instances, the court simply will require a new trial during which the error will not be repeated

Federal prosecuting attorneys

-work under the Attorney General of the United States. -94 attorneys, one for each federal district -must operate within general guidelines prescribed by the Attorney General

Amicus Curiae

A Latin term meaning "friend of the court." Refers to interested groups or individuals not directly involved in a suit who may file legal briefs or oral arguments supporting one side.

de novo review

A complete reevaluation of an issue, finding, or case as if the original decision had never been made.

plurality opinion

A court opinion that is joined by the largest number of the judges or justices hearing the case, but less than half of the total number.

Trial de novo

A new trial in the higher courts that takes place as if the first trial had not occurred.

Probate courts

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

bench trial

A trial in which the judge alone hears the case with no jury

appellant's brief

An appellate brief that argues in favor of the appellant's position. This brief will try to convince the court that the lower court's decision was erroneous.

Rule of four

At least four justices of the Supreme Court must vote to consider a case before it can be heard.

Defense Attorneys

Attorneys who represent the legal rights of the accused in criminal or civil proceedings -2 types of defense attorneys: Privately retained defense attorneys are paid for by the defendant and must be recognized to practice law in the state or jurisdiction. Appointed counsels are attorneys that work for the state and are appointed to defendants that can not afford their own lawyer.

Dual court system structure

Highest Appellate Court -Federal: US Supreme Court (Justices) -State: State supreme court Intermediate Appellate Court -Federal: U.S. Circuit Court of Appeals (Judges) -State: State Appellate Court Trial Court of General Jurisdiction -Federal: U.S. District Court (Judges) -State: Circuit Court, Commonwealth Court, District Court, Superior Court Trial Court of Limited Jurisdiction -Federal: U.S. Magistrate Courts (Magistrate Judges) -State: District Court, Justice of the Peace, Municipal Courts

Hierarchy of State Courts

I. State Trial Courts (Magistrate Courts) II. Intermediate State Appellate Courts (General Trial Courts) III. Highest State Appellate Court (State Supreme Court) IV. United States Supreme Court

The Right to Counsel

Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation.

Courtroom Workgroup

The criminal justice professionals, including the judge, Crown counsel, and defence lawyer, who are present in the criminal courtroom

diversions

Pre-trial contracts between the government and the defendant which divert cases out of the system

The principle of orality

Principle in law that only evidence developed and presented during the course of a trial may be considered by the jurors during deliberation

Chancery courts

State Courts that have jurisdiction over divorce and Alimony, Child Custody and Support, Wills and Estates, Minors' Affairs, and Cases of Insanity.

The Appeals Process

Step 1: File the Notice of Appeal. Step 2: Pay the filing fee. Step 3: Determine if/when additional information must be provided to the appeals court before your case can be opened. Step 4: Order the trial transcripts. Step 5: Confirm that the record has been transferred to the appellate court. Step 6: Determine what must be filed with your brief. Step 7: Determine when your brief must be filed. Step 8: Check the length and formatting requirements for the brief. Step 9: Write your brief. -appellate courts review for fundamental, prejudicial or plain error. -They may reverse the conviction and send the case back for a new trial when they find that trial errors affected the outcome of the case

the standard of review

The amount of deference given by an appellate court in reviewing the decision of a lower court. The standard of review that a court applies depends on the context of the case, the nature of the factual or legal issue being appealed, and the judicial body that made the decision.

court of last resort

The court authorized by law to hear the final appeal on a matter. (state Supreme Court)

Appellee

The party opposing the appeal

Bailiffs

The people who provide courtroom security. Deputy sheriffs provide security for state courts, and Deputy U.S. Marshals provide security for federal courts.

procedural history of a case

a brief description of the procedural steps and judgments (decisions) made by each court that has heard the case

Indigency Verification Officer (IVO)

a court employee who investigates defendants' financial status and determines whether they meet the criteria for court-appointed counsel.

Dual Court System

a court system made up of both federal and state courts

dossier

a file of detailed information on a person or subject

Appellant

a person who files an appeal

concurring opinion

a signed opinion in which one or more members agree with the majority view but for different reasons

AWOP

absent without permission

interlocutory appeal

an appeal that occurs before the lower/trial court's ruling on the entire case.

appeals of right

appeals brought to higher courts as a matter of right under federal or state law

petitions for writs of habeas corpus

claims by state and federal prisoners who allege that the government is illegally confining them in violation of the federal constitution.

Release assistance Officers (RAO)

court employees who meet with defendants at the jail to gather information to pass on to the judge who makes release decisions. -they make their recommendations based on the defendant's likelihood of reappearance and other considerations specified by statute or local rules.

courts of limited jurisdiction

courts that handle misdemeanor crimes, violations of criminal traffic laws, and lesser offenses

abuse of discretion

if the judge failed to exercise sound, reasonable, and legal decision-making skills. -this happens if they do not apply the correct law, erroneously interprets a law, rests its decision on a clearly inaccurate view of the law, rests its decision on a clearly erroneous finding of a material fact, or rules in a completely irrational manner. -abuse of discretion exists when the record contains no evidence to support the trial court's decision.

jury instructions

instructions that are given by the trial judge that specifically state what the defendant can be found guilty of and what the prosecution or plaintiff has to prove in order for a guilty verdict.

an indictment

or an information, which represents the state in plea bargaining, on pretrial motions, during the trial, and in the sentencing phase.

petitioner

party who lost in the last court who is petitioning the next level court for review

Accusatory phase

pre-trial phase

prima facia case

present enough evidence which, when unrebutted by the defendant, shows that the defendant committed the crime

Jury Clerk

sends out jury summons to potential jurors, works with jurors requests for postponements of jury service, coordinates with the scheduling clerk to make sure enough potential jurors show up at the courthouse each day there is a trial, schedules enough grand jurors to fill all the necessary grand jury panels, arranges payment to jurors for their jury service, and arranges lodging and meals for jurors in the rare event of jury sequestration.

Family courts

specialized courts dealing with issues relating to families, such as divorce and child custody, orders of protection, delinquency proceedings, and guardianship proceedings

Trier of fact

the jury in a jury trial; the judge where there is not a jury trial

respondent

the party who won the in the last court

en banc

the term used when the full panel of judges on the appellate court hears a case

remand

to send a case back to a lower court to be tried again

adjudicatory phase

trial phase

inquisitorial system

trial procedures designed to determine the truth through the intervention of an active judge who seeks evidence and questions witnesses

adversarial system

trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law