Chapter 8 Courts and the Quest for Justice - PowerPoint PPT Presentation

1 / 24
About This Presentation
Title:

Chapter 8 Courts and the Quest for Justice

Description:

Chapter 8 Courts and the Quest for Justice Functions of Courts COURTS where arguments are settled COURTS need unquestioned legitamacy Functions of the Courts ... – PowerPoint PPT presentation

Number of Views:112
Avg rating:3.0/5.0
Slides: 25
Provided by: Collegeo426
Category:

less

Transcript and Presenter's Notes

Title: Chapter 8 Courts and the Quest for Justice


1
Chapter 8Courts and the Quest for Justice
2
Functions of Courts
  • COURTS where arguments are settled
  • COURTS need unquestioned legitamacy
  • Functions of the Courts
  • The Due Process Function -Individual Rights
  • The Crime Control Function Society Rights
  • The Rehabilitation Function medical model
  • The Bureaucratic Function speed and efficiency

3
BASIC PRINCIPLES
  • Jurisdiction ( JURIS DICTION)
  • Geographic jurisdiction
  • Federal versus State
  • State versus State
  • International jurisdiction
  • Subject-matter jurisdiction
  • Courts of general jurisdiction
  • Courts of limited jurisdiction

4
TRIAL and APPELLATE COURT
  • Trial Courts
  • Have original jurisdiction
  • Are concerned with questions of fact
  • Trial and Sentence by Judge
  • Appellate Courts
  • Courts of review
  • Concerned with questions of law
  • Basis for Precedent

5
DUAL COURT SYSTEM
  • Fed and State court have limited jurisdiction
  • Some crimes are illegal by both Federal and State
    systems
  • Person can be tried in either system
  • Prosecutors steer suspect to where they can get
    the harsher penalty

6
Learning Objective 4
  • Outline the several levels of a typical state
    court system.

7
STATE COURT SYSTEM
  • The state court system includes
  • Lower courts, or courts of limited jurisdiction
  • Magistrate courts
  • Specialty courts
  • Trial courts of general jurisdiction
  • Appellate courts
  • The states highest courts

8
Learning Objective 5
  • Outline the federal court system

9
FEDERAL COURT SYSTEM
  • Three-tiered model
  • U.S. District Court
  • Lowest tier/Judge-Jury/ 94 nationally
  • U.S. (Circuit) Court of Appeals
  • Decision is Final/13/ Exception appeal to Supreme
    Court
  • United States Supreme Court
  • Reviews a relatively small amount of cases

10
(No Transcript)
11
U.S. SUPREME COURT
  • Has a huge impact on Criminal Justice System
    handles only a small number of cases percentage
    wise
  • Gideon v Wainright ( right to counsel )
  • Miranda v. Arizona ( pretrial interrogations )
  • Furman v. Georgia- (death penalty
    unconstitutional)
  • Gregg v. Georgia ( when death penalty is allowed )

12
SUPREME COURT
  • Makes Criminal Justice Policy
  • Through judicial review
  • Through authority to interpret statutory law
  • Jurisdiction of Supreme Court
  • Consists of nine justices ( 8 1)
  • Rare instances has original or trial jurisdiction
  • Rarely do cases originate at the Supreme Court

13
SUPREME COURT
  • Which cases reach Supreme Court ?
  • Thousands are filed and on the average 100 are
    heard
  • Writ of certiorari send for case from the lower
    court
  • Lower courts petitions for writ of certiorari
  • No writ unless at least 4 justices approve Rule
    of 4
  • 90 denied unless the case addresses an
    important federal law or constitutional issue

14
SUPREME COURT
  • The United States Supreme Court normally does not
    hear any evidence.
  • The courts decision is based on the written
    records, written arguments, and occasionally oral
    arguments.
  • Justices decide each case in conference, and then
    the senior justice on the majority side writes
    the opinion.
  • Concurring opinions
  • Dissenting opinions

15
JUDGES IN THE COURT SYSTEM
  • The duties of judges before trial include
    determining
  • Whether there is sufficient probable cause to
    issue an arrest or search warrant, or to
    authorize electronic surveillance
  • Whether the defendant should be release on bail
    and the amount of that bail
  • Whether to accept pretrial motions
  • Whether to accept a plea bargaining
  • Sometimes acts as the negotiator

16
JUDGES IN THE COURT SYSTEM
  • The duties of judges during the trial
  • Takes over the role of the referee, is expected
    to be neutral, responsible that trial follows the
    dictates of law
  • Acts as a teacher, explains points of law to the
    jury, decides on length and type of sentence
  • Acts as an administrator, schedules the docket
    and keeps track of tremendous amount of paperwork

17
(No Transcript)
18
Learning Objective 8
  • Selection of Judges
  • Based on two key factors
  • Independence
  • Accountability
  • Federal court judges
  • Appointed by the President and confirmed by the
    senate
  • State court judges
  • Election ( partisan and non partisan)
  • Merit

19
SELECTION of COURT JUDGES
  • Selection of Judges
  • State court judges
  • Appointment
  • Election
  • Partisan elections
  • Nonpartisan elections
  • Merit selection (The Missouri Plan)
  • Diversity on the bench

20
(No Transcript)
21
COURTROOM WORKGROUP
  • Members of the courtroom work group
  • Judges
  • Prosecutors
  • Defense attorneys
  • Bailiffs
  • Clerks of the court
  • Court reporters

22
(No Transcript)
23
ASSEMBLY LINE JUSTICE
  • Excessive caseload results in assembly line
    justice
  • System lacks resources to deal with excessive
    caseload
  • Judges are measured by their ability to keep the
    assembly line going

24
IMPACTS ON THE CRIMINAL JUSTICE SYSTEM
  • Police officers do not investigate less serious
    offenses unless the offender is caught in the act
  • Police officers are encouraged to obtain
    confessions rather than other types of evidence
  • Prosecutors press charges for less serious
    offenses only when the are a slam dunk
  • Prosecutors are more likely to plea bargain
    resulting in less prison time for offenders
Write a Comment
User Comments (0)
About PowerShow.com