Hanna Amirzadeh Final Study Guide Chapter 9 Structure of the Court System Structure of the American Court System Court System State System A state judicial structure Most states have at least three court levels trial court appellate court and a state supreme court Federal System The three tiered structure of federal courts compromising U S district courts U S courts of appeal and the U S Supreme Court 2 courts 2 different types of systems Dual court Systems Most offenders are within the state system Most time resources and energy are spent on civil matters Quiz The State Court System Jurisdiction The territory subject matter or people over which a court or other justice agency may exercise lawful authority as determined by statute or constitution Basically it describes where a case or matter should be resolved Also relates to police Original Jurisdiction The lawful authority of a court to hear or act on a case from its beginning and to pass judgment on the law and the facts The authority may be over a specific geographic area or over particular types of cases Hearing and making decisions on a case based on facts presented Appellate Jurisdiction The lawful authority of a court to review a decision made by a lower court It is court of appeals Quiz Appeal Generally the request that a court with appellate jurisdiction review the judgement decision or order of a lower court and set it aside reverse it or modify it Trial de novo Literally new trial The term is applied to cases that are retried on appeal as opposed to those that are simply reviewed on the record Both the federal and the state court systems are broken down into 3 types of Supreme Court Appellate Jurisdiction Court of Appeals Appellate Jurisdiction Trial courts Have original jurisdiction Courts of last resort The court authorized by law to hear the final appeal on courts Quiz a matter State court administrator A coordinator who assists with case flow management operating funds budgeting and court docket administration Dispute Resolution Centers and Specialized Courts Dispute Resolution Centers An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial Examples are minor Violations Community Courts A low level court that focuses on quality of life crimes that erode a neighborhood s morale Examples are prostitution and vandalism Specialized Court A low level court that focuses on relatively minor offenses and handles special populations or addresses special issues like reentry It is like a drug court It consists of mentally ill mentally disabled Those who don t understand they did something wrong Judicial Review The power of a court to review action and decision made by other agencies of government State Law Civil Law Between 2 Private parties Punishments are by fines compensations Standard of proof is preponderance of evidence Criminal Law Initiated by the criminal justice system Fines are well as prison jail sentence probation or execution Standard proof is Beyond a reasonable doubt You can be tried for a crime in criminal law and a violation of relationship in civil law The Federal Court System Federal courts have original jurisdiction Supreme courts of the United States They have the final say 9 Justices with 1 Chief Justice Federal level of trial courts Judges at federal level are not elected they are appointed by the president serve for life They are confirmed by the senate For a case to be heard by the Federal supreme circuit at least 4 of the 9 justices must vote to hear it The Courtroom Workgroup Judges Prosecution Defense Counsel Bailiff An officer of the court whose duty it is to ensure an orderly courtroom and to provide security Keeps order maintain physical custody of the jury Stenographers Typist Clerks A courthouse employee who maintains all records of criminal cases including motions made before during and after trial The clerk also prepares a jury pool issues jury summonses subpoenas witnesses and supports the work of the court in other ways Maintain records of issues subpoenas Maintain evidence swears in witnesses Must work together to achieve case resolution They also hold the evidence Witnesses Professional Members of the Courtroom Workgroup Expert Witnesses Special knowledge of court proceedings relevant to guilt innocence Can draw conclusions state opinions Judges An elected or appointed public official who holds ultimate authority in the courtroom The judge ensures justice and safeguards the rights of the accused the victim and the public Primary Duty To Ensure Justice Ruling on most matters of law weighing objectives Discipline disorderly court offenders Deciding guilt innocent on bench trials Federal and State Judges The Court Reporter A courtroom worker charged with keeping an accurate record of all that occurs during trial Prosecutorial Discretion The decision making power of the prosecutors based on a wide range of choices available to them the handling of criminal defendants the scheduling of cases for trial the acceptance of negotiated pleas etc They have the most discretion Prosecutor An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses The most important form of discretion lies in the power to charge or not to charge a person with an offense Prosecution government conducts the criminal proceedings Defense Counsel An attorney trained in the practice of criminal law whose task it is to represent the accused at trial to present evidence in the defendant s favor to cross examine prosecution witnesses and to ensure the defendant s civil rights are not violated Prosecuting Attorney The primary representative of the people the prosecutor is an attorney responsible for preventing the state s case against the defendant Private Attorney Own practice Defendant pays Court Assigned Counsel For individuals who don t have the money to pay a private attorney The court appoints them Payment rate is set by the court system Public Defender An attorney employed by the government agency or subagency or by a private organization under contract to a government body for the purpose of providing defense services to indigents or an attorney who has volunteered such service Full time salaried staff Daubert Standard A test of scientific acceptability applicable to the gathering of evidence in criminal cases Subpoena A written
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