Chapter 8Courts, Prosecution, and the Defense

Overview

Abstract Goals of the Court System

Provide for an open and impartial forum for seeking the truth

Provide for a fair and equitable hearing using regulated rules

Insure that the process takes place in an atmosphere of legal

competence and objectivity

Provide a clear legal outcome

Overview (cont.)

The courts are often a scene where an atmosphere exists to “work

things out” among the participants.

The use of plea negotiations and other nonjudicial alternatives to

“work things out” is more common than a formal trial process.

Discretion sometimes results in disparity

Funding problems

The Criminal Court ProcessCriticisms of the Courts

Overcrowded dockets

Assembly-line justice

Too many inducements to plead guilty

Too few jury trials

Speedy trials are unattainable

The Criminal Court Process

State Courts

Every state has its own court system

No two are alike

Variety of cases ranging from homicide to property maintenance

The Criminal Court Process (cont.)

Courts of Limited Jurisdiction

About 13,500 exist

Organized at municipal or county level

Restricted in types of cases they hear

May be restricted to civil or criminal cases

Dispose of minor cases; may do preliminary activities for some

felonies

Sentencing options restricted

The Criminal Court Process (cont.)

Specialty Courts

Juvenile, family & probate courts

Courts to combat specific problems

Drug courts

Mental health courts

The Criminal Court Process (cont.)

Courts of General Jurisdiction

Around 2,000 in the U.S.

Hear serious felony cases

Civil cases with damages over a specified amount

Appeals from lower courts

Review of transcript

Trial de novo

The Criminal Court Process (cont.)

Appellate Courts

Each state has at least one level of appellate courts.

Highest state court, usually called the “State Supreme Court”

Court reconsiders a case that has been tired in order to determine

whether the measures used complied with accepted rules of criminal

procedure and were in line with constitutional doctrines

Appeal is not a new trial

Can order a new trial, allow defendant to go free, or uphold original

verdict

Federal Courts

Federal Courts

Legal basis for these courts found in Article 3, sec. 1, of U.S.

Constitution

Jurisdiction over laws of U.S. and treaties

Maritime jurisdiction

Over controversies between 2 or more states

3-tiered hierarch of court jurisdiction

U.S. District Courts

U.S. courts of appeals

U.S. Supreme Court

Federal Courts (cont.)

U.S. District Courts

Trial courts of the federal system

Organized by Congress in the Judicial Act of 1789

Jurisdiction over violations of federal law, i.e. civil rights

violations, interstate transportation of stolen vehicles and

kidnappings

May hear inter-state lawsuits or cases where federal government

is a party to the suit

Jurisdiction may overlap that of state courts

Federal Courts (cont.)

U.S. Courts of Appeals

Organized into 13 judicial circuits

Hear 40,000 appeals from district courts each year

Empowered to review federal and state appellate court cases

when there is a federal issue present

Do not retry the case or review the facts – only matters of

procedure and substance of the law

Current attempts to limit the right of appeal

Federal Courts (cont.)

The U.S. Supreme Court

Nation’s highest appellate body – court of last resort for all cases

tried in federal and state courts

Only federal court created by Constitution

Nine justices appointed for life by the President with approval of

Congress

Court has discretion to choose which cases it will hear

Federal Courts (cont.)

Supreme Court Process

Most cases (90%) are brought to the court by using a writ of

certiorari

Four of the nine justices must vote to hear the case

If the Court decides to hear a case, it reviews legal briefs and

may hear oral arguments

May decide to affirm or reverse the decision of the lower court

Decisions become precedent

Federal and State Court Caseloads

State courts handle about one hundred million new cases each year

including:

20 million civil and domestic cases

15 million criminal cases

2 million juvenile cases

57 million traffic and ordinance violations

Federal and State Court Caseloads (cont.)

Federal courts even though smaller, are equally burdened

Over 320,000 cases filed each year in District Courts

Criminal cases increased 55% since 1994

Circuit Courts hear more than 60,000 appeals per year

In 1969 they heard only 10,000 appeals

Federal and State Court Caseloads (cont.)

Causes of Court Congestion

Rapidly increasing populations outpace growth in court system

Aggressive attempts to lower crime rate result in more

prosecutions

Complexity of the law and advances in technology

Legal reform efforts may require more trials

Frivolous lawsuits

The Judiciary

Primary duty is to oversee the trial process

Ensures appropriate conduct

Settles questions of evidence and procedure

Guides questioning of witnesses

Responsible for guiding the jury

Decides case when a jury is not used (bench trial)

Determines the sentence

The Judiciary (cont.)

Judicial Functions

Extensive control over probation officers and court clerk

Exerts influence over police and prosecutors

Decisions may shape social policy

The Judiciary (cont.)

Judicial Qualifications

Qualification vary by state

Typical qualifications are:

Resident of the state

Between 25 and 70 years of age

Member of state bar licensed to practice law

Lower courts may not require law degree

The Judiciary (cont.)

Judicial Selection Systems

Appointment

Popular election

Nonpartisan election

Missouri Plan

Judicial nominating commission

Appointed by governor from commission’s list

Retention election

The Prosecutor

The Prosecutor

May be called district attorney, county attorney, state’s attorney,

or U.S. attorney depending on the level of government and

jurisdiction

Responsible for representing the public in criminal trials

Around 2,400 state court prosecutors offices

Employ 65,000 attorneys, investigators and support staff

The Prosecutor (cont.)

General Duties

Provide advice to law enforcement officers during investigations

Represents the state during pretrial plea negotiations, motions,

evidence, and bail hearings

Represents the state at other hearings, criminal trials and

appeals

Legal advisor to county commissioners and other elected officials

Implementation of special programs

The Prosecutor (cont.)

Types of Prosecutors

U.S. Attorneys – appointed by the President

Federal prosecutors are professional civil service employees

State & county levels, attorney general and district attorney are

chief prosecutorial officers

Political appointees

Prosecutorial Discretion

Prosecutorial Discretion

Exercises great deal of discretion

Decides whether to file charges – attempt to screen out weak

cases

May drop charges during the process nolle prosequi

May leave decision to charge someone with minor crime primarily

to police discretion

Prosecutorial Discretion (cont.)

Legal Issues Influencing Prosecutorial Discretion

Quality of police work and amount of relevant evidence

Seriousness of offense

Defendant’s prior arrest record

Danger to community

Victim Issues Influencing Prosecutorial Discretion

Attitude and behavior of the victim

Reluctance of victim to press charges

Prosecutorial Discretion (cont.)

Extra Legal/Resource Issues Influencing Prosecutorial Discretion

Offenders’ race, gender, and ethnicity

Cost of the prosecution to the system

Availability of alternatives

Interest group’s influence causes to focus on particular types of

offenses

Fear of losing case – political ramifications

Prosecutorial Discretion (cont.)

The Role of Prosecutorial Discretion

Can prevent unnecessarily rigid implementation of criminal law

Humanize operation of criminal justice system

Too much discretion can lead to abuse

Judicial Selection Systems (cont.)

Types of Prosecutorial Misconduct

making disruptive statements in court

failure to adhere to sentence recommendations pursuant to a

plea bargain

represented a criminal defendant currently under prosecution

making public statements harmful to the office

withholding evidence

using power in vindictive manner to punish defendants who insist

on exercising their constitutional rights

The Defense Attorney

Integral part of adversarial system

Required to uphold integrity of the legal profession

Must observe ABA Code to provide zealous defense within

boundaries of law

The Defense Attorney (cont.)

Courts do not require assistance of counsel for accused in:

Pre-indictment lineups

Booking procedures

Grand jury investigations

Appeals beyond first review

Disciplinary proceedings in correctional institutions

Post-release revocation hearings

The Right to Counsel

Legal Services for Indigents

Gideon v. Wainwright

Argersinger v. Hamlin

Public defender systems

Assigned counsel systems

Contract systems

Private attorneys

Most do not practice criminal law

Debate over effectiveness of private attorneys versus

attorneys provided by state

The Competence of Defense Attorneys

Strickland v. Washington

Inadequate counsel

Refuse to meet with client

Fail to cross-examine witnesses

Fail to investigate case

Poor advice to client

Conflict of interest between codefendants’ counsel

Court Administration

Administrative Office Act, 1939

States have been slow to apply court management principles

All states now have some form of court administration

Court Administration (cont.)

Computers allow courts to fulfill many functions more efficiently

Maintain case history and statistical reporting

Monitor and schedule cases

Prepare documents

Index cases

Issues summonses

Notify witnesses, attorneys, and others of required appearances

Select and notify jurors

Prepare and administer budgets

Court Administration (cont.)

Developing Areas of Court Technology

Communications

Videoconferencing

Evidence presentation

Case management

Internet utilization

Information sharing