Introduction to Criminal Justice

1
Introduction to Criminal Justice

• Chapter 8

2
What is a court?

• Place where arguments get settled
• Court applies the law to the argument at hand
• Courts legitimacy to describe these issues based
  on
• Impartiality (Fair?)
• Independent (No outside factors will influence
  decision)

3
Does court have authority to decide a case?

• Jurisdiction In LatinTo speak the law
• Definition The authority of a court to hear
  and decide cases within an area of the law or
  geographic territory.

4
Two types of jurisdiction

• Subject matter Can the court rule on the type
  of issue presented?
• Geographic Can the court exercise authority
  over the specific area involved? (State, county,
  other)
• Criminal court can only address crimes committed
  within its geographic area

5
Jurisdiction of the courts

• Court of general jurisdiction No restrictions
  on the subject matter they can address.
• Can handle serious felonies
• Example State trial courts
• Courts of limited jurisdiction Can handle only
  a specific category of crime
• Such as misdemeanors, civil matters, less than a
  certain dollar amount
• Example Associate District Courts in Iowa
• Special subject matter courts Drug courts,
  domestic violence courts

6
Trial Courts

• Have original jurisdiction or courts of first
  instance
• Original jurisdiction Can take a case from
  beginning and handle it all the way through
  process
• Primarily concerned with questions of fact
• Determines what events occurred relevant to guilt
  of offender

7
Appellate Courts

• Reviews actions of trial courts
• Only reviews cases appealed by one side
• Does not use juries or hear witnesses
• Considers only the written record of trial,
  written arguments (briefs), and oral arguments
• They do not determine guilt or innocence
• Accepts facts as found by trial court

8
Appellate Courts

• Only decides if trial court applied the law
  correctly
• Review manner in which facts and evidence were
  given to the jury
• Can reverse or overturn the trial courts decisions

9
Dual Court System

• A compromise when the U. S. Constitution was
  enacted in 1791
• Anti-Federalists wanted the Supreme Court to be
  the only national court with nearly all power to
  state courts
• Federalists wanted all cases heard in federal
  courts
• Constitution set up
• Federal courts---to hear violations of federal
  law
• State courts---to hear all state law violations

10
Distribution of Cases Between the Two Court
Systems

• A number of crimes are violations of both state
  and federal law
• Examples Drug crimes, Possession of Firearm by
  a Felon, Kidnapping
• Persons accused of these crimes could be
  prosecuted in federal or state court
• State and federal prosecutors decide who will
  prosecute, based on
• Notoriety
• Penalties (most frequently)
• Relative caseloads

11
State court systems

• Lower courts, or courts of limited jurisdiction
  (Associate District Court, Magistrates Courts,
  Justice of the Peace)---Less formal
• Trial courts, of general jurisdiction
• County Court, District Court, Superior Court
• Many types of subject matter
• State courts of appeals
• Intermediate courts of appeals
• Supreme Court (highest court in state on all
  state law questions)

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State Courts

• The appellate courts judgment may approve or
  affirm lower courts ruling
• Reversal and remand Or the appellate court may
  find mistakes were made and the case must be
  tried over (reversed) and returned (remanded) to
  the trial judge, along with instructions about
  how to proceed

13
Federal courts structure

• U. S. District Courts---Trial courts of general
  jurisdiction
• In Iowa2 Federal courts, northern and southern
• U. S. Courts of Appeals---(13 intermediate courts
  of appeals) Iowa is in the 8th Circuit
• U. S. Supreme Court---Highest court in the nation

14
Federal Courts---Appellate Courts

• The Federal Circuit hears appeals in cases from
  the U.S. Court of Customs and Patent Appeals,
  U.S. Court of Federal Claims, U.S. Court of
  International Trade, the International Trade
  Commission, the Board of Contract Appeals, the
  Patent and Trademark Office, the Merit Systems
  Protection Board, appeals from decisions of the
  Secretaries of Agriculture and Commerce

15
U. S. Supreme Court

• Reviews very small number of cases
• Decisions often have significant effect on
  peoples lives
• Examples
• Gideon v. Wainwright (Representation by counsel)
• Miranda v. Arizona (Custodial interrogation)
• Furman v. Georgia (Death penalty
  unconstitutional)
• Gregg v. Arizona (Spelled out rules for enforcing
  death penalty)

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U. S. Supreme Court

• Exercises judicial review---Decides whether a law
  violates constitution
• Interprets meaning of the law in certain
  situations (Like Miranda case)
• Nearly all work is on appeals---Circuit courts,
  state supreme courts
• Rare situations where it has original jurisdiction

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How do cases reach Supreme Court?

• No right of appeal to Supreme Court
• Less than 100 cases heard yearly
• By writ of certiorari, court requests record of
  lower court for review
• At least 4 of the 9 justices must agree to hear
  the case
• Question asked Does the case involve a
  substantial federal question?

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Procedures in Supreme Court

• Does not generally hear evidence (testimony)
• Attorneys make oral arguments (unique) 30 minutes
  allowed per side
• Justices discuss case (confidential) vote
• Issue written opinion
• Chief Justice writes it, if in majority

19
Procedures in Supreme Court

• If Justice disagrees, may write dissenting
  opinion, which includes his legal reasoning
• If Justice agrees with outcome of decision, but
  disagrees with reasoning, may issue concurring
  opinion
• These opinions do not set precedent (law), but
  are often later referenced for their reasoning

20
Role of judges in the court system

• Most judges work at trial court (lower court)
  level
• Have much discretion in legal proceedings
• Prior to trial, acts as negotiator (plea
  agreements, bail)

21
Role of judge during trial

• Assure legal procedures are complied with
• Rules whether evidence will be admitted
• Instructs the jury regarding the law
• Decides what sentence to impose, if defendant is
  convicted Not jury

22
What is evidence?

• Testimony---Statements from individuals (live,
  affidavits, taped)
• Physical evidence---guns, bloody shirt (glove)
• Documentary evidence---check, motel receipt
• CSI---Exaggerated

23
Judge as an administrator

• Manages the scheduling of court cases (docket)
• Decides whether to grant requests for delays
  (continuances)
• Manages court employees and handles budgets

24
Federal Judges

• Appointed by President of U. S.
• Approved by the U. S. Senate---Can be
  controversial
• Lifetime appointment
• Significant power in constitutional issues

25
Small Group 5 points

• Do you believe Federal Judges should be appointed
  (by President) or elected by the public? Why?
• How about the U. S. Supreme Court?
• What are some of the dangers of having elected
  Supreme Court Justices?

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Selection of state judges (varies widely)

• Partisan (Democrats vs. Republicans) elections in
  some states
• Non-partisan elections---have to run for office,
  but not as a party
• Missouri Plan (Iowa uses)---Reform plan
• Committee submits 3 names of candidates
• Governor selects
• After one year, and periodically thereafter,
  voters decide whether to retain

27
Ethics of judges

• Public demands judges administer justice
• Law requires them to follow procedures
• Example---When exclusionary rule requires them to
  ignore evidence of crime
• Traditionally, judges behavior has not been
  regulated

28
Ethics of judges

• 1920s---First Code of Judicial Conduct
• To prevent conduct that would reduce integrity
  and impartiality
• Aimed at preventing judicial misconduct Acts
  which diminish public confidence in the judiciary
  by
• Illegal acts (bribery)
• Conduct giving the appearance of impropriety
  (associating with felons)

29
Courtroom work group

• Judge---dominant figure
• Prosecutor---(County Attorney) Represents the
  government
• Defense Counsel---(Private, or Public Defender)
  Represents defendant
• Clerk of court---Maintains records of proceedings
• Bailiff---Maintains security
• Court reporter---Records proceedings verbatim

30
Judge is the key decision maker in court

• Some run a tight ship (Hussein trial)
• Others---Allow more freedom to attorneys (Anna
  Smith case, O. J.)
• Have different reputations (tough on crime, vs.
  sympathetic)
• Some lawyers will try to judge shopFederal
  court prohibits that
• P. 206---Discipline judge---Inaccurate

31
Individual Exercise

• Make a list of
• words you think
• of when you hear
• the word lawyer.

32
Prosecutor---Crime fighter

• Lawyers who represent the state and initiate and
  conduct criminal cases against defendants
• County Attorney, States Attorney, District
  Attorney, Prosecuting Attorney (State level)
• Elected official---Partisan
• Determines which cases will be taken to court
• Very powerful position in criminal justice
  system, particularly during the pretrial
  processWhy?

33
United States Attorney

• Federal prosecutor in each federal court
• Appointed by the President (Partisan position)
• Prosecutes all federal crimes in federal judicial
  district

34
Prosecutors Role

• To seek justice, not merely convict
• To present the states case against the defendant
  
• Iowa 99 county attorneys (Who in Polk?)
• Elected officials for four years
• Larger areas has assistant county attorneys who
  do most of the trial/court room work
• Quasi-legal advisor to local police, corrections,
  and other agencies
• Can guide police in investigations

35
Prosecutors Role

• Prosecutorial Discretion
• Determine the charge to be filed (Duke Lacrosse)
• To determine to file a single or multiple charges
• Can decide to reduce charges
• Drop charges
• Accept a plea bargain
• Divert a suspect out of the system
• Dismiss a case
• Sentencing recommendations

36
Defense counsel

• Represents defendant in all criminal proceedings
  (6th amendment right), including
• Pretrial and Preliminary Hearings (Bail)
• Trial (or plea negotiations)
• Sentencing
• Appeals
• Private Attorneypaid for by defendant
• Public Defender (or appointed counsel)---paid for
  by government (most cases)
• Which would you rather have?

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Defense Counsel Role

• To represent the accused
• To ensure the defendants civil rights are not
  violated
• Test the strength of the states case
• Take part in the plea negotiations
• Prepare an adequate defense
• Prepare appeal
• Counsel defendants family

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Defense counsel requirements

• State must provide attorney for indigents (Gideon
  case)
• Juveniles also must have counsel when facing
  imprisonment
• Outcome of case not affected by public vs.
  private attorney (surprising)
• Attorney-client privilege protects communications

39
Public Defenders

• Greatly overburdened on workloads
• Some states have decreased funds for public
  counsel
• Some defense counsel---Gives incentive to do the
  least possible in each case
• Strickland case---Supreme Court ruled if defense
  counsels poor performance was likely the reason
  defendant was convicted, could be reversed by
  court.
• In Iowa---Well qualified professionals, providing
  a good defense