Study Guide Exam 2 The Courtroom Workgroup Adjudication Formal process of resolving legal disputes Jurisdiction The geographic territory or legal boundaries within which control may be exercised the range of court s authority authority given to the court to hear and resolve particular disputes 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 o Used in US and other former British colonies Inquisitorial process where the judge takes an active role in investigating the case and examining evidence o Court process employed in most countries around the world Federal courts deal with federal government laws such as treason counterfeiting kidnapping smuggling etc o Monitor decision of lower courts o Some cases can move up to federal courts 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 How searches will be conducted how suspects will be questioned and how prisons will be managed The Structure of Courts Cases begin in trial courts handle guilt and sentencing Trial courts of limited jurisdiction handle misdemeanors and small preliminary matters state in felony cases o Sometimes hold felony trials that may result in penalties below a specific limit Trial courts of general jurisdiction handle criminal cases of all offenses and felonies Appellate courts court that do not try criminal cases but hear appeals of decision of lower state o Presented evidence questioning o Hear appeals courts state and fed o Mistakes by police and courts o Can be filed to supreme courts o No juries o Supreme Court is last resort Limited jurisdiction courts such as drug courts and mental health courts Federal system of courts o District courts circuit trial evidence etc trial courts of general jurisdiction o Circuit court of Appeals o Supreme of US Decentralized courts operated controlled and funded by local communities o Mainly managed by county or city In urban areas crime control model is used short court time trail courts original jurisdiction State court System Trial courts of limited jurisdiction county municipal justice Trial courts of general jurisdiction district superior or circuit courts Appellate court of last resort supreme court Intermediate courts of appeals Primary actors Judge Prosecutor Defense attorney Other actors secretaries others To be a Judge Court security staff court clerks law clerks court reporters translators bailiffs Most powerful actors in the CJS Embody Justice Who becomes a judge o Very high status o Good hours and control their work lawyers work over 40 hrs o Used to be all white male but they are now trying to diversify the people on the But carry heavy caseloads bench still mainly white males To make sure all decision are made in a fair matter no racial decisions Functions of the Judge Referee enforcing rules of procedure and evidence Adjudicator Negotiator o Neutral stance in overseeing the contest between prosecution and defense o They must uphold citizens rights and be objective in their decision o Many decisions take place out of public view judge s chambers 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 Administrator o Manages the courthouse administrator Can deal with labor relation budgeting maintenance judge or court Can push other judge to push their cases quicker How to become a judge Need quality people to be judges Methods of selecting o Election o Appointment Method of selection does not affect quality of judges 6 ways to elect state trail court judges o Gubernatorial appointment o Legislative selection o Merit selection o Non partisan election party affiliation not listed on ballot o Partisan election openly endorsed by a political party are presented to voters for selection o A mixture of them Need to remain connected to the community Need to learn on the job State supreme court is very attracted to media compared to lower level courts Steps in merit selection o When a vacancy occurs a nominating commission is appointed that sends the governor the names of approved candidates the governor must fill 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 Actions of a trial judge in processing a felony case Pre arrest phase review requests for and issue or deny search and arrest warrants Initial appearance advise accused of constitutional rights determine bail or pretrial release decide if case should be dismissed Preliminary hearing evaluate prosecution and defense claims with regards to probable cause decides if evidence is there to hold accused Arraignment evaluate indictment or information Pretrial rule of pretrial motions answer requests for continuances Trial oversee jury selection rule on evidence and other aspects of adversarial procedure Sentence evaluate presentence report hear opposing arguments of counsel with regard to sentence impose sentence The Prosecutorial System bringing criminal charges Prosecuting attorneys a legal representative of the state with sole responsibility for Unites States Attorney officials responsible from prosecution of crimes that violate the laws of the Unites States appointed by the president and assigned to a US district court jurisdiction State attorney general chief legal officer of a state responsible for both civil and criminal matter Politics and Prosecution Elected for a four year term normally Can mesh their own ambitions with the needs of a political party o May choose certain cases for prosecution in order to gain the favor of voters or investigate charges against political opponents The prosecutors influence o Concerned with all aspects of the CJS o Link with other actors in order to shape the prosecutors decisions o Gain additional power from the fact that their decisions and actions take place away from the public view The Prosecutors Roles Pressure to press charges while upholding rights of
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