United States Court of Appeals 12 circuits United States Court of Appeals for the Federal Circuit US Courts of Military Appeals 94 district courts USTax Court US Ct of International Trade US Claims Ct US Ct of Veterans Appeals Army Navy Marine Corps Air Force and Coast The three tiered structure of the fed cts comprising US district courts US Courts of Appeals and the US Supreme Ct A state judicial structure and most states generally have at least three court levels trial courts appellate courts and a state supreme court Supreme Court of the US Guard Ct of Military Review Federal Court System State Court System Jurisdiction State Court System The territory subject matter or people over which a court may exercise lawful authority cid 127 Original hear the whole case from stdart to finish impose a sentence have a judge present Appellate have the authority to review decisions by lower courts and overturn it By 1776 all of the American colonies had established fully functioning court systems By the late 19th century there was a tremendous increase in civil litigation and criminal arrests Every state has a court of last resort 39 of 50 have an Intermediate Appellate Court Indiana has an Intermediate Appellate Court lowest are the Limited Jurisdiction Developed by one of the following models New York State Field Code of 1848 established pleads Federal Judiciary Act of 1789 Federal Reorganization Act of 1981 reorganize the cts Lower Courts cid 127 When the cases begin Authorized to hear only less serious cases Rarely hold jury trials A detailed record of the proceedings is not maintained cid 127 Much less formal than the courts of general jurisdiction State Trial Courts High Courts Circuit Courts Superior Courts Authorized to hear any criminal case Also provide first appellate level for courts of limited jurisdiction Adversarial process State Appellate Courts There are intermediate appellate courts and high level appellate courts All states have supreme courts but only 39 have intermediate appellate courts prison Trial de novo Term applied to cases that are retried on appeal cid 127 Most convictions are affirmed on appeal Keeney v Tamayo Reyes 1992 Herrera v Collins 199 Appeal The request that a court with appellate jurisdiction review the judgment Most states have automatic appeal on death sentences or life in Dispute Resolution Center helps people resolve issues without a formal court process 200 in the United States Began in 1970s Community Court Work on making relationships preventing crime and making communities more safe First ever in New York City 1993 Federal Court System 3 levels District Appeals Supreme U S District Courts 650 judges 94 districts At least 1 district court per state Trial courts of the federal system lowest court In charge of starting U S Appeals Courts Don t hear new cases Amount of cases has largely increased by about 40 U S Supreme Court Nominated by President confirmed by senate 200 5 000 requests a year 8 judges 1 head judge Don t work from July October Sittings could last days Could hear 22 24 cases in one sitting The court of last resort Don t usually make unanimous decisions cid 127 McNabb v U S 1943 first appearance must be held within 48 hours after arrest trials Bail The most common release detention decision making mechanism in American courts Serves two purposes Helps ensure reappearance of the accused Prevents un convicted persons from suffering imprisonment unnecessarily Bail Bond A document guaranteeing the appearance of a defendant in court as required cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 cid 127 Alternatives to Bail Property Bonds Deposit Bail required Conditional Release Third Party Custody Signature Bonds similar to ROR Pretrial Release and Public Safety Pretrial release is a common practice Release on Recognizance ROR defendant release on his or her written promise to appear in court when required No cash or property bond is Unsecured Bonds court determines amount No money down but if you mess up you owe it all Danger Laws a law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community U S v Montalvo Murillo 1990 flight risk U S v Hazzard 1984 bail can be denied if considered dangerous cid 127 Grand Jury a group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether or not there is sufficient evidence to bring the accused person to trial Georgia and Preliminary Hearing a proceeding before a judicial officer in which three matters must be decided Hearing are held in secret Defendant generally does not appear Incitement Feds use cid 127 Whether a crime was committed cid 127 Whether the crime occurred in the correct territory Probable cause that the defendant to once again inform the defendant of the specific charges to allow the defendant to enter a plea Arraignment the first appearance of the defendant before the court that has the authority to conduct a trial Plea the defendant s formal answer to the charge 4 diff pleas guilty not guilty stand mute no contest Plea Bargaining 90 of cases are plea bargained The process of negotiating an agreement among the defendant the prosecutor and the court as to an appropriate plea and associated sentence in a given case CHAPTER 8 The vast majority of all criminal cases are eventually resolved through a negotiated plea After a guilty plea has been entered it may be withdrawn with the consent of the court Trial the examination in court of the issues of fact and relevant law in a case for the purpose of convicting of acquitting the defendant Courtroom work group the professional courtroom actors including judges prosecuting attorneys defense attorneys and public defenders 8 steps in the trial process 1 Trial Initiation 2 Jury selection 3 opening statements 4 presenting evidence 5 closing statements 6 judge s charge to the jury 7 jury deliberations 8 Verdict cid 127 Outsiders are generally unfamiliar with courtroom organization and trial procedure Jurors witnesses defendants and victims are the outsiders Judge Elected of appointed public official who presides over a court of