Introduction to Criminal Justice

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Introduction to Criminal Justice

• The Administration
• Of Justice
• Chapter Eight
• Bohm and Haley

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Dual Court System

• The court system in the United States consisting
  of one system of state and local courts and
  another system of federal courts.
• However, it is important to note that there is
• a separate judicial system for each of the states
  
• (50 separate state systems)
• and a separate federal system.

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Dual Court System of the United States
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Jurisdiction

• The authority of a court to hear and decide a
  cases. Jurisdiction is set by law and is limited
  by territory and type of case.
• Types of jurisdiction include
• Original jurisdiction
• Appellate jurisdiction
• General jurisdiction
• Special jurisdiction
• Subject jurisdiction
• Personal jurisdiction

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U.S. DISTRICT COURTS

• There are 94 U.S. District Courts in the U.S.
  with at least one in every state.
• They are courts of original jurisdiction for all
  major violations of federal criminal law.
• The President nominates district court judges and
  they are approved by the Senate usually, they
  serve for life terms.
• They handle both civil and criminal cases plus
  prisoner petitions.
• There is one U.S. Attorney per district court who
  is nominated by the President and confirmed by
  the Senate (they serve at the pleasure of the
  President).
• District court judges are assisted by bankruptcy
  judges who are adjuncts of the court appointed by
  the court of appeals for 14 year terms.

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U.S. COURTS OF APPEALS

• The U.S. Courts of Appeals are Article III
  courts.
• U.S. Courts of Appeals are also considered as
  courts of last resort which include 12
  circuits.
• Courts of appeals judges are nominated by the
  president and approved by the Senate.
• Three-judge panels
• Key term En banc.

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U.S. SUPREME COURT

• The U.S. Supreme Court is an Article III court
  that selects which cases it will decide.
• Supreme Court justices are nominated by the
  president and confirmed by the Senate.
• The U.S. Supreme Court is composed of nine
  justices eight associate and one chief justice.
• Writ of certiorari and the rule of four.
• The legal issue must involve a federal question
  either a violation of federal law or the U.S.
  Constitution.
• They handle approximately 80 cases per year and
  their decisions are geared to set policy for the
  entire nation.

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Trial Courts of Limited Jurisdiction

• Trial courts of limited jurisdiction are created,
  controlled, and funded by city or county
  governments they are not part of the state
  judiciary.
• These courts comprise 85 percent of all judicial
  bodies in the U.S.
• The caseload of lower courts represents
  approximately two-thirds of all state court
  filings.
• These courts are restricted in their
  jurisdiction. Their role focuses primarily on
  preliminary stages of felony cases, misdemeanor
  traffic cases, and small claims cases.
• These courts are also called inferior
  courts, municipal courts, city courts, magistrate
  courts, or justice of the peace.

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TRIAL COURTS OF GENERAL JURISDICTION

• These major trial courts have the legal authority
  to decide all criminal and civil matters not
  delegated to the lower courts.
• State constitutions or statutory law (or both)
  determine their jurisdiction.
• Geographical jurisdiction is usually determined
  by political boundaries most often by counties.
• Trial courts of general jurisdiction handle
  juvenile cases, misdemeanor and exclusive felony
  violations, DWI/DUI cases, and civil matters that
  are highlighted by domestic relations, estate,
  and personal injury issues.
• These courts are also known as district,
  circuit, or superior courts.

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INTERMEDIATE COURTS OF APPEALS

• Due to increasing criminal and civil case
  workloads, states created intermediate courts of
  appeals. Now, ICAs hear all properly filed
  appeals.
• Most often, these courts (although they exist in
  only 39 states), handle both criminal and civil
  cases.
• Usually, these courts employ three-judge panels
  for deciding cases.
• Subsequent appeals are at the discretion of the
  higher court, however, for most litigants, the
  states intermediate appellate court is the final
  step for most.

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COURTS OF LAST RESORT

• Courts of last resort do not use judicial panels,
  instead, the entire judicial body participates in
  deciding each case (en banc).
• These courts have a limited amount of original
  jurisdiction in matters dealing with legal and
  judicial personnel.
• The docket schedule is purely discretionary.
  They hear only those cases that tend to have
  broad legal and political significance.
• Courts of last resort are the ultimate review
  board for matters involving interpretation of
  state law.

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The Courtroom Workgroup

• The courtroom actors include judges, prosecutors,
  defense attorneys, clerks, and probation
  officers.
• There is no hierarchy of tasks.
• Each actor is separate and independent.
• The courtroom workgroup is mutually
  interdependent.

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Prosecutors and the Courtroom Workgroup

• The prosecutor is the most important member of
  the courtroom workgroup and influences its
  members in the following ways
• The prosecutor has sole discretion on whether to
  charge or not, and subsequently, the type of
  charge.
• The prosecutor controls the nature of the plea
  bargain either vertical or horizontal
  bargaining.
• The prosecutor controls the evidence.
• The prosecutor controls offender information.
• Therefore, by controlling the charge and the plea
  the prosecutor can control the sentence.
• Socialization, specialization, and informal
  sanctions keep prosecutors in check.

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Defense Attorneys

• Defense attorneys are officers of the court.
• Defense attorneys are members of the courtroom
  workgroup. Generally, they have the least power.
• According to Skolnick, defense attorneys are
  divided into three categories those attorneys
  who handle few cases, those attorneys who have
  criminal practices and are adversarial, and those
  attorneys who handle large numbers of clients,
  i.e., public defenders.
• Defense attorneys utilize a reactive approach in
  response to their continual exposure to various
  rewards and sanctions deemed appropriate by
  other courtroom workgroup members.

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Indigent Defense Systems

• Assigned Counsel Involves the appointment by
  counsel by the court of private attorneys from a
  list of available attorneys.
• Contract System Involves bidding by private
  attorneys to represent all criminal defendants
  found indigent during the term of the contract.
  (Cost over Quality).
• Public Defenders Public or private nonprofit
  organizations with full or part-time salaried
  staff who represent indigents in criminal cases
  in their jurisdiction.

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Right to Counsel Steps of Felony Criminal
Procedure

• Steps Where Counsel Required
• Initial Appearance
• Bail
• Preliminary Hearing
• Arraignment
• Interrogation
• Lineup
• Plea Bargaining
• Trial
• Sentencing
• 1st Appeal
• If a critical stage.

• Steps Where No Counsel Required
• Arrest
• Charging
• Grand Jury
• Lineup (pre-indictment)
• Discretionary Appeal
• Step Where Lawyer on Request
• Interrogation (pre-indictment)
• Steps Where Lawyer
• at Courts Discretion
• Probation and Parole revocations

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Judges and the Courtroom Workgroup

• Judges are reactive to the actions of other
  courtroom workgroup members.
• Informally, judges share powers with other
  courtroom workgroup members, i.e., judges accept
  bail, plea, and sentence recommendations from
  other courtroom workgroup members.
• Judge participation varies between and within
  jurisdictions, i.e., judge shopping by
  prosecutors and defense attorneys.
• Sanctions are a two-sided sword for the judge and
  the courtroom workgroup members.

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Legal Duties of the JudgeInclude the following

• The Judge
• Appoints counsel if necessary.
• Signs search warrants if needed.
• Sets or revokes bail.
• Determines whether there is sufficient probable
  cause and informs defendant of charges.

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Legal Duties of the JudgeInclude the
following(contd)

• The Judge
• Rules on pretrial evidentiary motions.
• Accepts pleas.
• Preside over trials if necessary, i.e., rules on
  evidence and procedures and instructs jury.
• Sets punishment.

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Arrest to Arraignment

• STEPS OF THE PROCESS
• Arrest
• Initial Appearance
• Charging
• Preliminary Hearing
• Grand Jury
• Arraignment

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Arrest

• Arrest is
• the physical taking into custody
• of a suspected law violator.
• Arrests by the police is the major source of
  criminal cases filed in the courts.

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Initial Appearance

• Defendants are advised of
• the charge(s) and their rights bail is set
• and the preliminary hearing date is set.
• The initial appearance occurs within a few hours
  or a few days of arrest.
• Misdemeanor defendants can plea and be sentenced
  felony defendants cannot.

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Bail

• The right to bail is established in the
• Eighth Amendments clause of the
• U.S. Constitution which states that,
• excessive bail shall not required.
• However, those defendants accused
• of a capital offense have
• no right to bail.

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Bail

• Bail is a guarantee that upon release from
• jail, the accused promises to return to
• court as needed.
• It is not a
• fine or penalty.
• Stages arrest, initial appearance,
  preliminary hearing, arraignment, and conviction.

• Forms of bail include
• Cash Bond
• Property Bond
• Release on Recognizance
• Bail Bondsman

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Conflicting Theories

• Due Process
• The purpose of bail
• is to ensure pretrial
• release and the
• guarantee that the defendant appears in court,
  i.e.,
• 10 percent bail and
• pre-trial services.

• Crime Control
• The purpose of bail is to protect society i.e.,
• pretrial crimes and preventive detention.

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Charging

• Formal criminal charges against the defendant
• stating which criminal law was violated including
  
• all criminal elements (corpus delicti).
• The prosecutor controls the charging decision
  whether charges should be filed and
• what the proper charge(s) should be.
• Prosecutors have wide discretion with minimal
  accountability.

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Charging (contd)

• Types of Charging Documents
• Complaint
• Information
• Arrest Warrant
• Indictment

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Preliminary Hearing

• A pretrial hearing to determine if
• there is probable cause
• to hold the accused for further proceedings,
• or, in grand jury states, the hearing
• binds over the accused for possible indictment.
• A preliminary hearing can be held or waived
• by the defense attorney.

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Characteristics of a Grand Jury

• Required in some states, optional in other
  states.
• Grand juries are impaneled for a set period of
  time.
• True bill no true bill.
• Grand juries are held in secrecy.
• Indictments are rendered by a plurality vote
  not a unanimous vote.
• Grand juries have the power to grant immunity,
  i.e., transactional immunity and use immunity.

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Characteristics of a Grand Jury

• Required in some states, optional in other
  states.
• Grand juries are impaneled for a set period of
  time.
• True bill no true bill.
• Grand juries are held in secrecy.
• Indictments are rendered by a plurality vote
  not a unanimous vote.
• Grand juries have the power to grant immunity,
  i.e., transactional immunity and use immunity.

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Arraignment

• A stage in the criminal justice process,
• where a defendant,
• in a court of general jurisdiction,
• is formally informed of the charges of the crime,
  
• either from an information or an indictment,
• and is called upon to enter a plea.

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Plea Bargaining

• The process through which a defendant
• pleads guilty to a criminal charge
• with the expectation of receiving
• some consideration from the state.

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Trial

• A trial is the adversarial process
• of deciding a civil or criminal case
• in which actors of the courtroom workgroup
• engage in legal proceedings
• through presentation of evidence
• and arguments about the evidence.
• The accused, as a member of the courtroom
  workgroup, shall enjoy the right
• to a speedy and public trial
• by an impartial jury of ones peers.

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The Right to Trial by Jury

• Jury Trials in Federal Court
• Constitutional Provisions
• Article III, Section 2 Right to a jury trial
  for all crimes.
• Sixth Amendment Right to a jury trial for
  criminal prosecutions.
• Seventh Amendment Right to a jury trial for
  civil suits.

• Jury Trials in State Courts
• Constitutional Provisions
• The due process clause of the 14th Amendment
  incorporates and extends the 6th Amendments
  right to a jury trial to the states.
• Duncan v. Louisiana (1968)

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Scope of the Rightto a Jury Trial

• Who does not have the right to a jury trial?
• Juvenile offenders.
• Adult offenders charged with petty offenses a
  petty offense equals an offense with an
  authorized imprisonment of less than six months.
• Adult offenders who have made a plea of guilty.