Introduction to Criminal Justice

1
Introduction to Criminal Justice

• Chapter 9
• The Courts and the Judiciary

2
Introduction

• In 2003 Alabama Chief Justice Roy Moore made
  national headlines when he was suspended from the
  bench for defying a court order to remove a 10
  Commandments monument from the rotunda of the
  Alabama Supreme Ct Building. Judge Moore had
  installed the monument stating it symbolized his
  beliefs of a Supreme Being. US District Judge
  Myron Thompson ordered the monument removed.
  Judge Moore countered stating it violated his
  right to acknowledge the role of God as the
  source of our rights and liberties. After he
  refused the district court order, the Alabama
  Supreme Court stepped in and held that regardless
  of personal feelings, officers of a lower state
  court must obey a binding order of a federal
  court. The US Supreme refused to hear the case
  and Judge Moore was permanently removed as the
  Chief Justice.
• This example shows how important it is for the
  court to maintain a balance of impartiality and
  objectivity. Religious and Political beliefs
  cannot shape the contours of justice.

3
Objectives

• Understand the state and federal court structure
• Know the difference between limited and general
  courts
• Recognize the function of the appellate court
  system
• Explain various levels of federal courts
• Describe how a case gets to the US Supreme Court
• Understand the problems associated with court
  case overload
• Discuss the duties of a judge
• Understand what the Missouri plan is.
• Identify the different types of judicial
  selection
• Explain how technology is changing the trial
  process

4
The Role of the Courts

• (A) To provide an open and honest forum for
  regulating human behavior and settling dispute.
• Provide fair just hearing that maintain a
  sense of impartiality and object.
• (B) Complex social agency with independent but
  interrelated subsystems.
• Govern by precise rules to ensure fairness and
  uniformity functioning of the system is

5
Role of the Courts Cont

• The courts are Compromised by restraints.
• Chronically under budget
• Chronically overburdened with cases
• Courts become a scene of accommodation
• Plea Bargains
• Discretionary powers produce disparity treatment

6
Types of Cases Filed in State Courts in 2001
(Millions)

• 92 Million Total cases
• 56 million traffic and ordinances violations.
• 20 Million civil and domestic cases.
• 14 million criminal cases which are up by 28
• 2 million juvenile cases
• Note DUI cases have dropped 5 due to stricter
  law enforcement, media attention, and alcohol
  awareness programs.

7
The Structure of the Federal Courts

• Federal district court
• Trial courts of the federal system
• US Circuit Courts
• Hear appeals in one of 12 Jurisdictions
• US Supreme Court
• Nations highest appellate body
• Rulings in these cases create precedent
• Only selects cases to review by a writ of
  certiorari

8
Federal Courts Hear These Cases

• Violation of federal laws
• Civil rights abuse
• Interstate transport of stolen vehicle
• Kidnapping
• Citizenship

9
Court Congestion

• Communities aggressively prosecuting minor
  offenses.
• Numbers are dramatically increasing causing
  congestion and wait time

10
The Judiciary

• Judges Duties
• Rule on appropriateness of conduct.
• Rule on Evidence
• Rule on Procedure
• Instructs Jurys
• Imposes Sentences

11
The End

• The End