Chapter%20Four:%20STATE%20COURTS

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Chapter FourSTATE COURTS
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• Preliminary Facts
• 1) It is a myth that there are two separate and
• distinct systems of courts that exist in the
  United States (federal and state courts).
• and,
• 2) The great majority of cases filed in America
  begin and end in State Courts especially
  trial courts.

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LEVELS of STATE COURTS

• Trial courts of limited jurisdiction lower
  courts
• Trial courts of general jurisdiction major trial
  courts
• Intermediate courts of appeals
• Courts of last resort state supreme courts

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Trial Courts of Limited Jurisdiction

• Trial courts of limited jurisdiction are created,
  controlled, and funded by city or county
  governments they are not part of the state
  judiciary.
• These courts comprise 85 percent of all judicial
  bodies in the U.S.
• The caseload of lower courts represents
  approximately two-thirds of all state court
  filings.
• These courts are restricted in their
  jurisdiction. Their role focuses primarily on
  preliminary stages of felony cases, misdemeanor
  traffic cases, and small claims cases.
• These courts are also called inferior
  courts, municipal courts, city courts, magistrate
  courts, or justice of the peace.

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TRIAL COURTS OF GENERAL JURISDICTION

• These major trial courts have the legal authority
  to decide all criminal and civil matters not
  delegated to the lower courts.
• State constitutions or statutory law (or both)
  determine their jurisdiction.
• Geographical jurisdiction is usually determined
  by political boundaries most often by counties.
• Trial courts of general jurisdiction handle
  juvenile cases, misdemeanor and exclusive felony
  violations, DWI/DUI cases, and civil matters that
  are highlighted by domestic relations, estate,
  and personal injury issues.
• These courts are also known as district,
  circuit, or superior courts.

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INTERMEDIATE COURTS OF APPEALS

• Due to increasing criminal and civil case
  workloads, states created intermediate courts of
  appeals. Now, ICAs hear all properly filed
  appeals.
• Most often, these courts (although they exist in
  only 39 states), handle both criminal and civil
  cases.
• Usually, these courts employ three-judge panels
  for deciding cases.
• Subsequent appeals are at the discretion of the
  higher court, however, for most litigants, the
  states intermediate appellate court is the final
  step for most.

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COURTS OF LAST RESORT

• Courts of last resort do not use judicial panels,
  instead, the entire judicial body participates in
  deciding each case (en banc).
• These courts have a limited amount of original
  jurisdiction in matters dealing with legal and
  judicial personnel.
• The docket schedule is purely discretionary.
  They hear only those cases that tend to have
  broad legal and political significance.
• Courts of last resort are the ultimate review
  board for matters involving interpretation of
  state law.

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Characteristics of State Judicial Systems

• Additional Features Include
• Their resistance to strong organizational change.
• Their ability to adapt to change.

• Three Interdependent Features
• Localism
• Hierarchy
• Emphasis on the right to appeal

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QUESTION

• How many Courts of Last Resort
• does the State of Texas have?

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Question

• Is the premise of a
• Unified Court System a good idea?
• In other words, would shifting judicial
  administration from local control to centralized
  management be a prudent goal?
• Why or why not?
• (be able to give several reasons for each)

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THERAPEUTIC JURISPRUDENCE

• Types of Specialized Courts
• Drug courts (adult and juvenile)
• Mental Health courts
• Domestic Violence courts
• Drunk driving courts
• Reentry courts
• Family courts

• Five Essential Elements
• Immediate intervention
• Nonadversarial adjudication
• Hands-on judicial involvement
• Treatment programs with clear rules and
  structured goals.
• A team approach with the courtroom workgroup.

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The War on Drugs

• Due Process Model
• Drug abuse is a disease and needs to be treated.
• The solution is rehabilitation.
• Drug policies influence minority groups unequally.

• Crime Control Model
• Drug abuse is caused by a breakdown of individual
  responsibility.
• The solution is punishment and deterrence.
• Drug policies should not be concerned with
  socioeconomic factors.

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Question

• Does the War on drugs
• determine the way cases are
• processed and on the type of
• justice that results?

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Question

• Which model, the crime control model
• or the due process model,
• would advocate drug courts?
• And why?

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Court Reform

• Do you think court reform
• is adapting to change
• as the book describes?
• If so, in what way?
• If not, in what way?