The American Court Structure

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The American Court Structure
The U.S. has a dual court system.
dual court
One system of state and local courts and another
system of federal courts.
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The American Court Structure
The courts jurisdiction is set by law and
limited by territory and type of case.
jurisdiction
The authority of a court to hear and decide cases.
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The Federal Courts
The authority for the federal court system is in
the Constitution. The system includes

• The Supreme Court
• The federal courts of appeals
• The federal district courts

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United States District Courts

• Trials in federal district court are usually
  heard by a judge.

• General trial courts
• Federal criminal cases involve
• Bank robbery
• Counterfeiting
• Mail fraud
• Kidnapping
• Civil rights abuses

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Circuit Courts of Appeals
A party that loses a case in district court may
appeal to a federal circuit court of appeals, or
in some cases, directly to the U.S. Supreme
Court. Made in response to long travels (circuit
riding) by judges. Judiciary Act of 1891-
Federal Expansion
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Circuit Courts of Appeals

• Circuit courts of appeals review a case for
  errors of law, not of fact.

• Normally, three judges sit as a panel to hear
  cases. Jury trials are not allowed.
• Michigan is in the 6th Circuit along with
  Kentucky, Ohio, and Tennessee

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The United States Supreme Court

• Court of last resort in all questions of federal
  law and U.S. Constitution.

• The court may hear cases
• Appealed from federal courts of appeal.
• Appealed directly from federal district courts.
• Appealed from the high court of a state, if
  claims under federal law or the Constitution are
  involved.

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The United States Supreme Court
The U.S. Supreme Court is composed of

• A chief justice
• Eight associate justices
• Each member of the court is appointed for life by
  the president and affirmed by the Senate.

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The United States Supreme Court

• In order for a case to be heard by the Supreme
  Court, at least four justices must vote to hear
  the case. (RULE OF FOUR)

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The United States Supreme Court
When the court decides a case, it can

• Affirm the decision of the lower court and let
  it stand.
• Modify the decision of the lower court, without
  totally reversing it.

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The United States Supreme Court

• Reverse the decision of the lower court,
  requiring no further court action.
• Reverse the decision of the lower court and
  remand the case to the court of original
  jurisdiction, for either retrial or resentencing.

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The State Courts
The state courts have general power to decide
nearly every type of case.

• There are generally four levels of state courts
• Trial courts of limited jurisdiction
• Trial courts of general jurisdiction
• Intermediate appellate courts
• State courts of last resort

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Key Actors in the Court Process
The three key actors in the court process are

• The prosecutor
• The defense attorney
• The judge

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The Prosecutor
The prosecutor is a powerful actor in the
administration of justice. Prosecutors have the
authority to

• Decide whether to charge or not charge a person
  with a crime
• Decide whether to prosecute or not prosecute a
  case
• Determine what the charge will be

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The Decision to Plea-Bargain
Probably the most strategic source of power
available to prosecutors is their authority to
decide which cases to plea bargain.
Justice in America is dispensed mostly through
plea bargaining.
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The Defense Attorney
The Sixth Amendment to the Constitution
guarantees the right to the effective
assistance of counsel. Defendants have a right
to counsel during many stages in the criminal
justice process
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The Defense Attorney
A defendant may waive the right to counsel and
appear on his or her own behalf.
In the American system of justice, the role of
defense counsel is to provide the best possible
legal counsel and advocacy within the legal and
ethical limits of the profession.
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The Court-Appointed Lawyer
In some circumstances, defendants who cannot
afford a lawyer are provided with a
court-appointed, private attorney.

• If they are paid at all, court-appointed private
  attorneys are paid a nominal sum.
• Many are not knowledgeable in criminal law.

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The Public Defender
In many large jurisdictions, people who cannot
afford an attorney are provided with public
defenders.
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The Public Defender

• Public defenders are paid a fixed salary by the
  jurisdiction.
• Although public defenders may have a conflict of
  interest because of their close working
  relationship with prosecutors and judges, most
  defendants prefer them because they specialize in
  criminal law.

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The Contract Lawyer
A relatively new and increasingly popular way to
provide for indigent defense is the contract
system.

• Private attorneys, law firms, and bar
  associations bid for the right to represent a
  jurisdictions indigent defendants, and are paid
  a fixed dollar amount.

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The Judge
Judges have a variety of responsibilities in the
criminal justice process

• Determining probable cause
• Signing warrants
• Informing suspects of their rights
• Setting and revoking bail

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The Judge

• Arraigning defendants
• Accepting guilty pleas
• In some jurisdictions, managing their own
  courtrooms and staff
• Allowing the jury a fair chance to reach a
  verdict on the evidence presented

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Selection of Judges
The two most common selection methods are

• Election
• Merit selection

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Selection of Judges
In the merit selection process, also known as the
Missouri Plan,

• The governor appoints judges from a list of
  qualified lawyers compiled by a nonpartisan
  nominating commission.
• After serving a short term, the judge faces an
  uncontested election in which citizens vote
  whether to keep the judge or not.
• If voters elect to keep the judge, they serve a
  full term.