Chapter 7Courts, Prosecution, and the

Defense

Learning Objectives

Be familiar with the role of the court in the justice process.

Recognize the varying structures of state and federal court systems.

Describe the selection and duties of prosecution.

Discuss the role and duties of prosecutors.

Be familiar with the pros and cons of prosecutorial discretion.

Learning objectives

Understand the role of the defense attorney in the justice process.

Discuss the different forms of indigent defense.

Debate the pros and cons of private attorneys.

Be familiar with the expanding role of technology in the court process.

State Courts

Each state has its own

No two are alike

Deal with variety of cases ranging from homicide to property maintenance

State Courts

Model of a State Judicial System

Courts of Limited Jurisdiction

Organized at a municipal or county level

Restricted in the types of cases they hear

Sentencing options are restricted

Includes specialized courts

Courts of General Jurisdiction

Serious felony cases and civil cases with damages over a specified amount

Appellate Courts

Each state has at least one level of appellate court

Reconsiders a case that has been tried in order to determine whether the measures used complied with accepted rules of criminal procedure and were in line with constitutional doctrines

Federal Courts

Jurisdiction:

U.S. laws and treaties

Maritime

controversies between 2 or more states

There is a 3-tiered hierarchy of court jurisdiction

U.S. District Courts

U.S. Courts of Appeals

U.S. Supreme Court

The Federal Judicial System

U.S. District Courts

The trial courts of the federal system

Jurisdiction over violations of federal law

Inter-state lawsuits or cases where federal government is a party to the suit

Jurisdiction may overlap that of state courts

U.S. Court of Appeals

Review federal and state appellate court cases when there is a federal issue present

Does not retry the case or review the facts – only matters of procedure and substance of the law

The U.S. Supreme Court

The nation’s highest appellate body

Court of last resort for all cases tried in federal and state courts

Nine justices appointed for life by the President with approval of Congress

Discretion to choose which cases it will hear

The Judge and the Justice System

Primary duty - oversee the trial process

Decides case in bench trials

Determines the sentence (except in capital cases)

Informal roles: Good relations with court working group

Discretion guided by legal requirements

Personal sense of justice in sentencing

Exert influence over police and prosecutors

Judicial Qualifications and Selection

Federal Judge

Appointed by the President with advice and consent of Senate

U.S. Magistrate Judge

Appointed by district court judges

Judicial Selection Systems

Appointment

Popular election

Nonpartisan election

Missouri Plan

The Prosecutor

• Represents the public in criminal trials

• Advises law enforcement during investigations

• Acts as legal advisor to elected officials

Types of Prosecutors

Prosecutorial Discretion

Great deal of discretion

Decision Options

Go forward and charge the defendant to court

Nolle prosequi

Negotiate Plea bargain

Factors Influencing Prosecutorial Discretion

Legal

Victim

Extralegal

Resource

Prosecutorial Ethics

Obligation is to seek justice and convict guilty

Prosecutorial Misconduct

Includes:

Making disruptive statements in court

Failing to adhere to sentence recommendations after a plea bargain

Representing a criminal defendant currently under indictment in a private manner

Making public statements harmful to the office of the district attorney

Withholding evidence that may exonerate a defendant

The Defense Attorney

Counterpart of prosecuting attorney in criminal process

Accused has constitutional right to counsel (6th Amendment)

If defendant is indigent, public defender may be assigned by court

Must uphold integrity of the legal profession

Must observe ABA Code and provide zealous defense within boundaries of law

The Right to Counsel

Sixth Amendment provides for counsel at trial

Legal services for poor:

Gideon v. Wainwright

Argersinger v. Hamlin

Types of Defense Attorneys

The Competence of Defense Attorneys

Inadequate/incompetent counsel would involve:

Refuse to meet with client

Fail to cross-examine witnesses

Fail to investigate case

Poor advice to client

Misjudge admissibility of evidence

Conflict of interest between co-defendants’ counsel

Court Administration

States have been slow to apply court management principles

All states now have some form of court administration

Using Technology in Court Management

Maintain case history and statistical reporting

Monitor and schedule cases

Prepare documents

Index cases

Issues summonses

Notify witnesses, attorneys, etc., of required appearances

Select and notify jurors

Prepare and administer budgets

Developing Areas of Court Technology

Communications

Videoconferencing

Evidence presentation

Case management

Internet utilization

Information sharing

Cameras in court