Ch 3&4 CJL3510

summons

A legal document ordering an individual to appear in court at a certain time on a certain date.

reverse waivers

A process that allows a juvenile to petition a criminal court to transfer jurisdiction over an offense to a juvenile court

blended sentencing

A sentencing scheme that allows criminal court judges to impose juvenile dispositions on youthful offenders transferred to criminal court under certain circumstances, rather than imposing standard criminal sentences

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

juvenile

A youth at or below the upper age of juvenile court jurisdiction

Compare and contrast how adherents of the crime control model and proponents of the due process model of criminal justice see the future of juvenile courts.

Adherents of the criminal control model of criminal justice stress that juveniles should face more adult-like penalties and that the juvenile courts should either be abolished or more juveniles transferred to adult court for prosecution. Proponents of the due process model of criminal justice stress that juveniles need more crime prevention programs and that juvenile courts should be less punishment-oriented

Early American Courts

After the American Revolution, the functions of state courts changed markedly. Their governing powers were drastically reduced and taken over by the legislative bodies. The former colonists distrusted lawyers and harbored misgivings about English common law. They were not anxious to see the development of a large, independent judiciary. Thus, state legislatures often responded to unpopular court decisions by removing some judges or abolishing specific courts all together. A major source of political conflict between legislatures and courts centered on the issue of monetary debtors. Legislators were more responsive to policies that favored debtors, usually small farmers. Courts, on the other hand, reflected the views of creditors, often merchants. Out of this conflict over legislative power, the courts gradually emerged as an independent political institution.

Federalist v Anti-Federalist

Article III of Constitution briefly outlines the federal judiciary. Originally only the district courts and the Supreme Court were included. The Court of Appeals (Circuit Courts) were added in 1891.

status offense

Behavior that is considered an offense only when committed by a juvenile—for example, running away from home.

Discuss the similarities and differences between justice of the peace courts and municipal courts.

Both justice of the peace (JP) courts and municipal courts are considered lower courts. They differ primarily in terms of caseloads. The rurally based JP courts have relatively low caseloads, whereas the urban-based municipal courts have very large caseloads. Different urban and rural tax bases also affect their funding levels.

placement

Cases in which youths are placed in a residential facility or otherwise removed from their homes and placed elsewhere.

dismissal

Cases terminated (including those warned, counseled, and released) with no further disposition anticipated.

adjudicatory hearing

Court hearing to determine whether a youth is responsible for an offense and, therefore, should be adjudicated a delinquent.

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 5. a team approach to treatment

Colonial Courts

Early colonial courts were rather simple institutions whose structure replicated English courts in form but not in substance. As towns and villages became larger new courts were created so that people would not have to travel long distances to have cases heard. Moreover, a notion of separation of governmental powers began to emerge. In the early days, the same governmental body often held executive, legislative, and judicial powers. Diversity was the hallmark of the colonies, with each colony modifying its court system according to variations in local customs, different religious practices, and patterns of commercial trade. Biblical code were often adopted in the Northern colonies. In the South, laws governing slavery were enacted. Overall, public punishments like the pillory and the stocks were commonly used, but the death penalty was used less often than in England.

adjudicated

Judicial determination (judgement) that a youth is a delinquent or status offender

list the five ways in which juvenile courts differ from adult courts

Juvenile courts emphasize helping the child; the proceedings are informal, the process is based on civil law, the proceedings are secret, and jury trials are not allowed

automatic waiver

Premised on the notion of "once an adult, always an adult," automatic waiver laws require adult criminal courts to handle all subsequent offenses allegedly committed by a juvenile after an initial transfer to adult court.

US Magistrate Judges

Under the federal court structure, US Magistrate Judges are comparable to the lower courts judges. They preside over preliminary hearings and initial appearances in federal felony cases and they preside over trials and accept pleas and impose sentences in federal misdemeanor and petty offense cases.

nonpetitioned case

a case handled informally by duly authorized court personnel

transfer to criminal court

a case is moved to a criminal court because of a waiver or transfer hearing in the juvenile court

disposition

a court decision about what will happen to a youth who has not been found innocent

Article III judges

are appointed by the President, confirmed by the Senate and serve for a term of good behavior (life, if not impeached). Magistrate judges (created by Congress in 1968) are appointed by District Court judges. They are NOT Article III judges. They serve 8 year terms and may be removed for good cause.

statewide financing

courts financed by the state government as opposed to local government

probation officer

employee of probation agency, responsible for supervision of convicted offenders who have been released to the community under certain conditions of good behavior

Federal Courts

established by Article III of the US Constitution

detention

holding a youth in custody before case disposition

community justice

in addressing problems such as these, mediation programs seek solutions not in terms of formal findings by a judge but rather through compromise and bargaining

initial hearing

in juvenile court, an often informal hearing during which an intake decision is made

Article III

provides that federal courts may be given jurisdiction over cases in law and equality, arising under this Constitution, the Laws of the US, and Treaties made, or which shall be made under their authority

probation

punishment for a crime that allows the offender to remain in the community without incarceration but subject to certain conditions

centralized rule making

the power of the state supreme court to adopt uniform rules to be followed by all courts in the state

child-victim (children in need of supervision)

a type of juvenile court case involving a child who has been abused and/or neglected by parents or legal guardians

Nonfelony criminal cases

-A misdemeanor is a crime punishable by a fine, imprisonment, or both.Misdemeanors are enacted by state legislative bodies and cover the entire state. -Most legislatures also designate certain minor offenses as violations (referred to as infractions or petty offenses in some states). Violations are usually punishable only by a fine, although some jurisdictions authorize short jail sentences of fewer than 10, 15, or 30 days for certain violations. In most states violations are quasi-criminal, meaning that they are not considered true crimes for the purposes of criminal record. -Laws passed by a local governing body, such as city council, are called ordinances. Ordinance violations are technically noncriminal. which means that they are easier to prosecute.

Dual Court System

-America has a dual court system- that means we have a federal court system and separate systems in each of the states -a defendant tried in both federal and state court for the same offense does not violate double jeopardy clause of the fifth amendment

Major trial courts

-At the second level of state courts are the trial courts of general jurisdiction, usually referred to as major trial courts. -The term general jurisdiction means that these courts have the legal authority to decide all matters not specifically delegated to lower courts. -The most common names for these courts are district, circuit, and superior. -State courts decide primarily street crimes. The more serious criminal violations (felonies) are heard in the trial courts of general jurisdiction. Most of these criminal cases, however, do not go to trial, but rather are resolved by plea bargain. Thus, the dominant issue in the trial courts of general jurisdiction is not guilt or innocence, but what penalty to apply to the guilty.

Sentencing in the Lower Court

-Because few defendants contest their guilt, the lower courts are more sentencing institutions than true trial courts. -In the misdemeanor courts, however, judges can choose alternative sanctions, including community service, victim restitution, placement in substance-abuse treatment programs, mandatory counseling, and required attendance in education programs such as driver clinics. -During plea negotiations, there is some individual attention to cases.

Lower Caseload

-Caseloads in rural courts are lighter than those in suburban or urban courts, largely because of higher crime rates in urban areas as compared with rural ones. -In fact, the rates of certain violent crimes, such as rape, have risen in rural areas such that they exceed those in big cities.

community courts

-Community courts, or community mediation programs, as they have sometimes been called are government -sponsored (by either court or prosecutor), and as a result, these programs receive the bulk of their cases as referrals from criminal justice agencies. The dominant goal is to improve the justice system by removing minor cases from the court. In their view, cases such as simple assault , petty theft, and criminal trespass are prime candidates for mediation and not formal processing in the lower courts. -In a sense, they convert criminal matters to civil ones by treating the cases as matters for discussion between the individual disputants and not the processing between the state and the defendant.

Justice of peace courts

-In most rural areas, the lower courts are collectively called justice of the peace courts. The officeholder is usually referred to simply as a JP. -The small-town flavor of the JP system persists today (even in large urban places such as Harris County, Texas, which includes Houston, and Maricopa County, Arizona, which includes Phoenix. In the past majority of JPs were part-time non-lawyers who conducted court at their regular places of business.

Problems of the lower courts

-Practices that would be condemned if they occurred in higher courts are commonplace in lower courts. -Research over the years has focused on four problem areas: inadequate financing, inadequate facilities,, lax procedures, and unbalanced caseloads.

Reforming JP Courts

-Some reformers would unify state courts into a three-tier system, consisting of a single trial court that handles both major and minor cases, an intermediate appellate court, and a state high court of last resort. This reform would abolish the office of justice of the peace, require all judges to be lawyers, and eliminate the trial de novo system. The remaining justice courts (as well as municipal courts) were eliminated by the passage of Proposition 220 in June 1998, which merged all lower courts within the state judicial branch into the superior courts (the courts of general jurisdiction).

Cases of lower courts

-The caseload of the lower courts is staggering - more than 62 million cases a year, the overwhelming number of which are traffic cases. Thus these are the courts with which the average citizen is most likely to com into contact. -Lower-court judges typically authorize search warrants. In addition, the lower courts are primarily responsible for handling the early stages of felony criminal cases. Thus, after an arrest, a judge in a trial court of limited jurisdiction will hod the initial appearance, appoint counsel for indigent defendants, and conduct the preliminary hearing, if applicable. Later, the case is transferred to a trial court of general jurisdiction for trial and sentencing. -Lower court typically adjudicate two types of nonfelony criminal cases: misdemeanors and ordinance violations. Lower courts also adjudicate all of the traffic offenses in a jurisdiction.

Municipal Courts

-The urban counterparts of the justice of the peace courts are municipal courts. The overriding reality of municipal courts in the nation's big cities is the press of cases. Accordingly, "obstacles" to speedy disposition- constitutional rights, lawyers, trials- are neutralized. In a process some have labeled an assembly line, shortcuts are routinely taken to keep the docket moving. Thus, the municipal courts are more closely resemble a bureaucracy geared to mass processing of cases than an adjudicative body providing consideration for each case. -The general absence of defense attorneys reinforces the informality of the lower courts and the lack of attention to legal rules and procedures -In municipal courts, the defendant's initial appearance is usually the final one. Most people are charged with a traffic violation or a minor misdemeanor plead guilty immediately. -A defendant has a right to a jury trial only if the offense can be punished by imprisonment for more than 6 months.

Federal District Court Jurisdiction

-federal crimes (primarily drug cases) - about 30,000 per year heard -civil lawsuits the majority of cases filed in federal court are civil suits. Examples include civil rights violations, equal employment opportunity commission violations, sex discrimination suits, and discrimination suits filed by the disabled. -diversity of citizenship - suits between citizens of different states or between a US citizen and a foreign country or citizen -prisoner petitions: civil suits filed alleging violations of rights while at trial or in prison

Small claims court

-handle cases involving maximum amounts that range from a low of $2500 in Kentucky and Rhode Island, to a high of $25000 in Tennessee. -The largest number of cases falling under these dollar amounts is debt collection, primarily involving nonpayment for goods purchased or services rendered. Another major category includes landlord-tenant disputes. -In most states streamlined procedures have been adopted to provide quick, inexpensive processing by dispensing with strict rules of evidence and the right to trial by jury. Accordingly small claims cases are less formal and less protracted than other civil cases.

Trial courts of limited jurisdiction

-inferior courts (lower courts) -The US has more than 11,800 trial courts of limited jurisdiction, staffed by approximately 27,179 judicial officers -The lower courts constitute 85 percent of all judicial bodies in the United states. 9 US jurisdictions- California, Idaho, Illinois, Iowa, Maine, Minnesota, Missouri, DC, and Puerto Rico- have unified court systems that do not use trial courts of limited jurisdiction. On the other hand, New York has nearly 1500 and Texas has over 2250 courts of limited jurisdiction. -Variously called district, justice, justice of the peace, city, magistrate's, or municipal courts, the lower courts decide a restricted range of cases. Most of these courts are created by city or county governments and therefore are not part of the state judiciary. Thus, lower courts are typically controlled only by the local governmental bodies that create them and fund them.

jurisdiction

-is the power of a court to hear and adjudicate a case -may be geographical; related to subject matter; or hierarchical -may also be original (the first court to hear case), or appellate (the court to hear an appeal of the decision of the first court)

Traffic offenses

-refer to a group of offenses involving self-propelled motor vehicles. -These violations range from parking violations to improper equipment. Speeding is the most common traffic offense, followed bu driving without a license, and driving while a license in suspended or revoked. During the past decade, the volume of traffic cases has increased. -Traffic offenses are typically punishable by fines. But because the volume of these cases is quite large, traffic tickets can be big moneymakers for local governments. -Typically, this revenue stream is then used to pay the expenses of the court itself (judges, clerks, and the like) as well as the prosecutor's office and the public defender, but not necessarily.

state high court of last resort

General term for the highest court in a state.

intermediate courts 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

explain the difference between a juvenile case that is petitioned and once that is nonpetitioned

In juvenile court, changing occurs during the intake decision. Less serious cases are nonpetitioned and handled informally. Petition cases are handled formally and often result in a finding of juvenile delinquency.

Explain briefly the difference between a state higher court of last resort in states with and without intermediate courts of appeals.

In states without intermediate appellate courts, state courts of last resort must hear all criminal appeals. In states without intermediate courts of appeals, state courts of last resort have discretion to hear only the cases they decide are the most important

History of State Courts

Issues such as the clash of opposing economic interests, the debate over state versus national power and outright partisanship have shaped America's 50 diverse state court systems.

prosecutorial waiver

Laws granting prosecutors the discretion to file delinquency petitions in juvenile court or file criminal charges in adult court.

judicial waiver

Laws that permit (and sometimes even require) juvenile court judges to transfer jurisdiction over a juvenile delinquency case to adult court for criminal prosecution.

therapeutic jurisprudence

judicial bodies such as drug courts that stress helping defendants in trouble through non adversarial proceedings

Trial Courts of Limited Jurisdiction (lower courts)

Most civil and criminal cases are handled in state courts. In all states, trial courts of limited jurisdiction are called lower courts or inferior courts, and handle minor civil disputes and minor misdemeanors. Trial courts of limited jurisdiction are the ones most likely to be encountered by citizens (include traffic courts, county courts, etc). These courts also conduct the preliminary stages of felony proceedings.

Intermediate Courts of Appeal

Not all states have intermediate courts of appeal. If states do not have an intermediate court of appeals, the supreme court of that state MUST hear all appeals (discretion is removed from court of last resort). Appeals are not discretionary for this court. In Florida,, the intermediate court of appeals is the district court. Some states have separate appeals courts for civil and criminal cases. Panels (usually consisting of three judges) ar eused.

Courts in a Modernizing Society

Rapid industrialization following the Civil War produced fundamental changes in the structure of the American judiciary. Increases in population led to a higher volume of litigation. Just as important, the growing concentration of people in the cities meant the courts were faced with a new set of problems. City courts were created to deal with new types of cases in the urban areas, including public drunkenness, gambling, and prostitution. Specialized courts were formed to handle specific classes of civil cases (for example, small claims courts and family courts). Each state system is different. Although some states have adopted a unified court structure, others still have numerous local courts with overlapping jurisdictions.

drug courts

Specialty courts with jurisdiction over cases involving illegal substances. Drug courts typically stress treatment rather than punishment.

inadequate facilities

Such courtroom conditions lack dignity and leave a bad impression, suggesting that the judiciary is more interested in collecting the fine for speeding than bothering to do justice.

Intermediate courts of appeals

The ICAs handle the bulk of the caseload in the appellate system, and their workload has increased dramatically in the past decade. States have created these courts and given them in additional judgeship's in hopes of relieving the state high courts of last resort of crushing caseloads, only to find that the ICAs experience the same problems. Intermediate courts appeals engage primarily in error correctly

identify and briefly describe the single most important Supreme Court case with respect to juvenile justice

The Supreme Court decided In re Gault in 1967. Gault was arrested for making an obscene phone call, but his parents were not notified of his arrest or told of the hearing. The Supreme Court held that juveniles are entitled to many of the same due process rights of adults, including the right to notice, the right to counsel the right to confront witnesses, and the privilege against self-incrimination

US Circuit Courts

The US Circuit Courts are the federal appellate courts. They were created in 1891 by Congress as an intermediate court of appeals to relieve the US Supreme Court. The number of judges in each circuit varies, but decisions are usually made by panels of three judges. Occasionally, all the judges in a circuit sit together to hear a case. These hearings are rare and are called en banc hearings. The decisions to accept an appeal is discretionary on the part of the court.

US District Courts

The US District Courts are the major trial courts of original jurisdiction in the federal court system. There are 94 US District Courts with at least one district court in each state and one in DC, Guam, Puerto Rico, the Virgin Islands, and the Northern Mariana Islands.

US Supreme Court

The US Supreme Court is the court of last resort both for federal cases and state cases involving a substantial federal question. The Supreme Court consists of nine justices: 8 associates and 1 chief justice (nominated specifically to that post by the President). Cases are heard at the discretion of the Supreme Court. In order for a case to be heard, four justices must agree to grant of writ of certiorari. This process (four justices agreeing to hear the case by granting a writ of cert is called the rule of four). The Court hears and decides less than 100 cases per year. Only cases where important policy issues will be decided, usually where there have been differing circuit court rulings, are usually heard and decided by the Supreme Court.

State Courts of Last Resort

The decision as to whether to hear a case is discretionary, if there is an intermediate court of appeals in place in the state. Oklahoma and Texas have two courts of last resort: one civil and one criminal. The entire court participates in deciding each case (panels are not used)

List the four primary problems confronting the lower courts in the US

The four major problems confronting the lower courts are inadequate financing, inadequate facilities, lax court procedures, and unbalanced caseloads.

List the key components of court unification

The key components of courts unification include simplifies court structure, centralized administration, centralized rule making, centralized judicial budgeting, and statewide financing.

Describe the types of cases handled by the trial courts of limited jurisdiction

The lower courts handle the preliminary stages of felony cases and also decide a large number of misdemeanors, traffic, and small claims cases

Trial Courts of General Jurisdiction

The major trial courts (trial courts of general jurisdiction) are responsible for hearing and having jurisdiction over major criminal cases (usually felonies) and major civil cases. The geographical jurisdictions are usually defined along existing political subdivisions. In Florida, the trial courts of general jurisdiction are the circuit courts, and usually one large or several smaller counties comprise a circuit. They are referred to as courts of general jurisdiction because they can decide all matters not specifically designated for another court. In addition to criminal cases, civil cases are heard in trial courts of general jurisdiction. Types of civil cases heard include domestic relations, probate issues or tort law, including personal injury and wrongful death (often resulting from auto accidents). In Florida, lower courts hear civil cases involving amount of $15,000 or less and circuit courts have jurisdiction over civil cases involving more than $15,000

Identify the types of civil and criminal cases filed in trial courts of general jurisdiction

The major trial courts decide felony cases and civil cases including domestic relations, estate, personal injury, and contract cases.

upper age of jurisdiction

The oldest age at which a juvenile court has original jurisdiction over an individual for behavior that violates the law.

Discuss the consequences of court organization

The organization of courts in the US impacts the processing of cases in several ways, including the decentralization of justice which at times can mean that there is a choice of courts and that local control has at times resulted in local corruption

describe the child-saving movement and its relationship to the doctorine of paren patriae

Under the legal doctrine of parens patriae (state as parent), the government can intervene to protect the child if the parents are failing in their responsibilities. The child-saving movement, which began around 1890, believe that juvenile offenders required treatment, not punishment

petition

a document filed in juvenile court alleging that a juvenile is a delinquent or a status offender and asking that the court assume jurisdiction over the juvenile or that an alleged delinquent be transferred to criminal court for prosecution as an adult

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 facilitate discussion and resolution of the dispute

ordinance

a law enacted by a local government body for the regulation of some activity within the community

trial de novo

a new trial at a higher level of court

referral

a request by a law enforcement agency, governmental agency, parent, or individual that a juvenile court take jurisdiction of a youth. A referral initiates court processing

simplified court structure

a simple, uniform court structure for the entire state

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 judicial system under a statewide judicial budget

trial court of general jurisdiction

a trial court responsible for major criminal and civil cases

delinquency

am act committed by a juvenile that would require an adult to be prosecuted in a criminal court. Because the act is committed by a juvenile, it falls within the jurisdiction of the juvenile court. Delinquent acts include crimes against persons or property, drug offenses, and crimes against public order

juvenile court

any court that has jurisdiction over matters involving juveniles

contrast the three major types of cases that are heard in juvenile court

in juvenile delinquency cases, the child is charged with a violation of the criminal law that is not based on age. In status offenses, the child is charged with an activity that is illegal only for juveniles. In child-victim cases, the child has committed no crime but the parents are accused of neglect or the like.

conference

juvenile court proceeding roughly equivalent to a preliminary hearing, in which the suspect is informed of his or her rights and a disposition decision may be reached

statutory/ legislative waiver

laws that grant exclusive jurisdiction over certain offenses to adult criminal courts regardless of the age of the offender

alternative dispute resolution

less adversarial means of settling disputes that may or may not involve a court

misdemeanor

lesser of the two basic types of crime, usually punishable by no more than one year in jail

lower age of jurisdiction

minimum age at which a youth may be transferred to adult court

violations

minor criminal offenses that are punishable by fine, probation, or a short jail term typically less than 30 days

other disposition

miscellaneous disposition, including fines. restitution, community service, and referrals outside the court for service, with minimal or no further court involvement antipated

discuss how states vary in terms of when juvenile may be transferred to adult court for prosecution

most states consider children to be juvenile until they reach their 18th birthday but some set this upper age as low as 15. Juveniles accused of serious offenses, or who have a history of repeated offenses may be tried as adults. Some states set no lower age for transfer, while others set the lower limit at 14 or 16

community courts

neighborhood-focused, problem-solving courts that deal with local crime and safety concerns

intake decision

the decision made by a juvenile court that results in the case being handled either informally at the intake level or more formally by petition and scheduled for an adjudicatory or transfer hearing

parens patriae

the state as parent; the state as guardian and protector of all citizens (such as juveniles) who cannot protect themselves

centralized judicial budgeting

the state judicial administrator (who reports to the state supreme court) has the authority to prepare a single budget for the entire state judiciary and send it directly to the legislature

centralized administration

the state supreme court, working through court administrators, provides leadership for the state court system

unbalanced caseloads

unbalanced caseloads are the clearest indication that any generalizations about the problems of the lower courts must be coupled with the observation that the nation's lowest tribunals are tremendously varied