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What Is the Court of Appeals by nzp81326

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									           Court and Adjudication
•   Structure of American Courts
•   Management of Courts
•   To Be a Judge
•   Prosecutorial Systems
•   Defense Attorneys
•   The Courtroom: How it Functions
                Dual Court System
Federal Court System   State Court Systems




  Jurisdiction over
   federal crimes
                        Jurisdiction over
                          state crimes
        Four Tier Court System
                  Lower Criminal Courts
                  These courts are limited
                  in what they can do.
                  They generally can
                  hear minor cases and
                  conduct some pretrial
Lower Courts      activities for more
                  important ones.
 This is also referred to as limited
            jurisdiction!
Courts of Record

   Official court records
       that can suffice
      as a record of the
   proceedings of a case
    and can serve as the
    basis for an appeal.
   Some lower courts do
  not have this distinction.
                 State Trial Courts
                          General authority to
                           conduct trial and pretrial
                           activities in all criminal
                           cases.
                          These are courts of record.
                          Hear “appeals” from lower
                           courts in the form of “trial
  Trial Courts of          de novo.”
General Jurisdiction
                          Jurisdiction over felonies
            State Appeals Court

                     • Appellate courts do
                       not try a case.
                     • An appeal is based on
Appellate              some contention of
 Courts
                       law.
                     • Many times more than
                       one judge reviews a
                       case.
States Court of Last Resort


          Each State has a court
          of last resort. In most
             instances, this is
                  referred
         to as the State Supreme
                   Court.
           Appellate Courts

• Rights of appeal       Appellate Court
  determined by law.       Decisions
• Appeal is not a new
                         • Order a new trial
  trial.
                         • Allow defendant
• Review of previous
                           to go free
  trial for procedural
  errors.                • Uphold (sustain)
                           original verdict
• May be 2 levels of
  appeals courts.
Federal Court Structure
        United States
          Supreme
            Court
        United States
       Courts of Appeal

        United States
        District Courts
Federal Court Structure
• Each state has at least one Federal
  District
• 94 Districts throughout the U.S.
• Primary trial court of the U.S. system
            United States
            District Courts
Federal Court Structure
• Also called the Circuit Courts because
  the jurisdiction covers a large geographical
  area
• Usually located in major cities
          United States
         Courts of Appeal

• Reviews cases from lower court
• Cases involve constitutional issues
 Federal Court Structure
             United States
               Supreme
                 Court
• Highest court in the land; court of last
  resort
• Decisions become precedents (landmark
   decisions)
• May choose to hear/not hear most cases
• Uses writ of certiorari to get case records
 Federal Court Structure
               United States
                Supreme
                   Court

• 9 Justices (1 Chief Justice, 8 Associate
  Justices)
• Full Court hears about 100 cases per year
• 4 Justices must vote to hear a case
• Majority, minorities & dissenting opinions
           Court Reform
•   Courts not efficient
•   Questionable adjudication
•   Fragmented Structure
•   Solution
    – Unified Court System
    – Four Objectives of Unification
          Four Goals of a Unified Court
                    System

       Eliminate overlapping and conflicting
             jurisdictional boundaries


 Have courts funded               Create a separate
by state government.              personnel system.

      Create a hierarchial and centralized court
  structure with clear administrative responsibility.
Unified versus Non-Unified
Role of the Judge
Who Becomes a Judge?
          • Overwhelmingly
            white and male
          • Connected
          • Representation issues
Functions of the Judge

Adjudicator   Negotiator   Administrator
          What Do Judges Do?
•   Prearrest phase
•   Initial Appearance
•   Preliminary Hearing
•   Arraignment
•   Pretrial
•   Trial
•   Sentencing
How to Become a State Judge
              • Gubernatorial
                Selection
              • Legislative Selection
              • Merit Selection
              • Nonpartisan Election
              • Partisan Election
            Judicial Qualifications

• Qualifications vary by state
• Typical qualifications include:
  –   resident of the state
  –   licensed to practice law
  –   member of the state bar association
  –   25 years old or older
  –   less than 70 years old
          Selecting Federal
               Judges
• Appointed by the
  President
• Confirmed (advice
  and consent) of
  the
  Senate
• Serve for a period
  of good behavior
  (normally life)
 Prosecution and Defense
• Prosecution         • Defense
  –   Organization      –   Image vs. Reality
  –   Politics          –   Role
  –   Influence         –   Realities
  –   Roles             –   Private Counsel
  –   Discretion        –   Environment
  –   Relationships     –   Counsel for Indigents
  –   Policies          –   Private vs. Public
                        –   Competence
      Prosecutor Organization




 U.S.      Attorney
                       County
Attorney   General
                      Prosecutor
Politics and
Prosecution
       • Generally elected,
         some appointed
       • Lack of overhead
         control
       • Party allegiance
       • Stepping stone
         office
Influence of the Prosecutor
              • Discretionary
                decisions
              • Low visibility
              • Vague criminal
                codes
              • Community
                sentiment
 US Attorney Discretion and the War on Drugs
30



25



20



15

                                    Emphasis on Drug War
10
                                       US Attorneys
                                       Drug Cases %
5
                                       Presidents
0                                      Drug Statements %
     19

     19
     19

     19
     19

     19

     19
     19

     19

     19
     19

     19
     19
       80

       81
       82

       83
       84

       85

       86
       87

       88

       89
       90

       91
       92
                YEAR
    Roles of the Prosecutor



                          Politician
Police
Counsel
          Court Officer
          Prosecutorial Discretion
*Broad Discretion
*Relevant Criteria
*Methods
  - Necessarily
  included offenses
  - Counts
*Limited by Discovery
*Nol Pros.
Key Relationships of Prosecutor
Decision Making Policies
            • Legal Sufficiency
              Model
            • System Sufficiency
              Model
            • Trial Sufficiency
              Model
            • Case Evaluation
Criminal Defense Attorneys
             • Image (television,
               movies, literature,
               etc.)
             • Vital role in
               system
             • Reality of defense
               attorney
          Private Counsel

                                • Numbers    and
                                Attributes
                                • Types
                                • Environment
Cochran
          Bailey


                   Dershowitz
Counsel for the Indigent
            • Constitutional Right
            • Cases
               –   Powell v. Alabama
               –   Betts v. Brady
               –   Gideon v. Wainwright
               –   Argersinger v. Hamlin
               –   Present Rule
Methods of Providing
  Representation

Assigned Counsel

 Contract Counsel

 Public Defender
    Defense Attorney Performance
•   Private vs. Public
•   “P.D.” = public defender or prison delivery
•   Attorney competence
•   Strickland v. Washington (1984) requires:
    – show counsel’s performance deficient; and
    – deficient performance prejudiced defense
         Realities of the Criminal
              Court System
• A local legal culture exists where norms are
  shared by members as to how cases should
  be handled. 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.
 The Courtroom
  Work Group
 The courtroom elite of
prosecutors, judges, and
defense attorneys whose
 primary mission is the
 disposition of criminal
         cases.

								
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