Chapter 7 Courts Adjudication The Functions and Structures of American Courts Dual court system federal and state courts Use an adversary process where lawyers on each side represent the clients best interest in presenting evidence and formulating arguments as a means to discover the truth and protect the rights o Prosecution v defense judge is like referee Other countries use a inquisitorial process where the judge takes an active role in investigating the case and examining evidence Federal courts deal with federal government laws such as treason counterfeiting kidnapping smuggling etc o Monitor decision of lower courts some cases can move up to federal courts Native American tribal courts have jurisdiction in Native territories The Functions of Courts o Criminal matters are known as norm enforcements Enforce society s rules and standards for behavior Handle a wide variety of assignments o Handle dispute processes disagreements on money contracts property etc o Policy making especially in higher courts Define the rights of individuals and The Structure of Courts o Cases begin in trial courts handle guilt and sentencing o Trial courts of limited jurisdiction handle misdemeanors and small matters state o trial courts of general jurisdiction handle criminal cases of all o appellate courts court that do not try criminal cases but hear appeals offenses and felonies state presented evidence questioning of decision of lower courts state and fed mistakes by police and courts can be filed to supreme courts no juries Supreme Court is last resort o Limited jurisdiction courts such as drug courts and mental health courts o Federal system of courts District courts circuit trial evidence etc Appeals Supreme o Decentralized courts operated controlled and funded by local communities Mainly managed by county or city o In urban areas crime control model is used shortcourt time To Be a Judge Most powerful actors in CJS Embody justice Who Becomes a Judge o Very high status o Good hours and control their work lawyers work over 40 hrs But carry heavy caseloads o Used to be all white males but they are now trying to diversify the people on the bench still mainly white males To make sure all decision are made in a fair matter no racial decisions Functions of the Judge o Adjudicator neutral stance in overseeing the contest b t prosecution and defense they must uphold citizens rights and be objective in their decision o Negotiator chambers Many decisions take place out of public view judge s Come through negotiations b t prosecution and defense about plea sentencing and bail A referee of sorts but is very influential in the decision Plea bargaining quick and effective decision o Administrator Manages the courthouse Can deal with labor relation budgeting maintenance judge or court administrator Can push other judges to push their cases quicker How to become a Judge o Need quality people to be judges o 6 ways to elect state trial court judges gubernatorial appointment legislative selsction merit selection non partisan election party affiliation not listed on ballot partisan election endorsed by a political party and a mixture of them o need to remain connected to the community o need to learn on the job o state supreme court is very attracted to media compared to lower level courts o steps in merit selection when a vacancy occurs a nominating commission is appointed that send the governor the names of approved candidates the governor must fill the vacancy from the list and after a year s term a referendum is held to ask the voters whether the judge should be retained try to remove politics from selection and can allow the voters to unseat judges The Prosecutorial System Prosecuting attorneys are representatives of the state with so responsibility for bringing criminal charges Unites States Attorney is responsible from prosecuting the crimes that violate the laws of the Unites States State attorney general chief legal officer of a state Politics and Prosecution o Elected for a four year term normally o Can mesh their own ambitions with the needs of a political party May choose certain cases for prosecution in order to gain the favor of voters or investigate charges against political opponents o The prosecutors influence Concerned with all aspects of the CJS Link with other actors in order to shape the prosecutors decisions Gain additional power from the fact that their decisions and actions take place away from the public view o The Prosecutors Roles Pressure to press charges while upholding rights of defendant prosecutors dilemma Role changes due to factors of professional goals location political climate tried as adults v jury Four major roles trial counsel for the police reflect views of law enforcement harsh on crime house counsel for the police give legal advice so that arrest will stand up in court representative of the court main function is to enforce the rules of due process elected official most responsive to public opinion o Discretion of the Prosecutor Can stem from personal values or to please politics doubts about case etc Ability to press charges can be affected by staffing levels Can file different charges counts each separate offense a person is accused of based on the evidence and crime Discovery a prosecutors pretrial disclosure to the defense of facts and evidence to be introduced at trial Tells the strengths and weaknesses of prosecutions case Can affect whether they go through with the case plea or nolle prosequi indicating that specific charges will not be prosecuted and are dismissed o Key Relationships of the Prosecutor Police Need the suspects and evidence in order to file charges Pros Cant control types of cases brought to them Victims and Witnesses Need their cooperation it is essential Need credibility and cooperation as witness Victim characteristics can affect whether or not they press charges whether jury would find him believable Judges and Courts Sentencing history of a judge can give a prosecutor an idea of how a case will be courted in the courtroom whether to drop or pursue The Community Public opinion and media can scrutinize Need to stay to touch with community Community prosecution gives specific prosecutors responsibility over particular neighborhoods influences w community can affect prosecutors decisions Decision Making Policies Developed by each specific prosecutor and affect the assistant prosecutors and how cases will be handled Says which cases to puruse and
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