Chapter 6: Criminal Court Systems

 

“Separation of powers” affects the criminal justice system by ensuring that no one branch can fully determine the fate of those accused of crimes. A separate judicial system is necessary for assuring the constitutional and statutory rights of citizens are not controlled by political pressures.

 

Legal Terms

 

Jurisdiction refers to the court’s power to hear and decide a case. For example, the District Court in Kentucky is limited, in part, to jurisdiction over misdemeanors, violations, and matters involving juveniles.

 

Original jurisdiction: Court hears the case first

E.g., In Kentucky, district courts have original jurisdiction over misdemeanors

Appellate jurisdiction: Court hears the case on appeal

E.g., In Kentucky, circuit courts hear misdemeanor cases appealed from district courts

Concurrent jurisdiction: More than one court may hear a case

E.g., In Kentucky, district courts hear preliminary hearings in felony cases and circuit courts serve as the trial courts of felony cases

Exclusive jurisdiction: Only one court may hear a case

 

Moot: The term used to describe a controversy that has ended or evolved to the stage at which a court decision on that case no longer is relevant or necessary; this is a limitation on the power of courts to decide a case.

 

Stare Decisis (stah-ree duh-sigh-sis): Latin for "Let the decision stand." The doctrine that courts will abide by or adhere to the rulings of previous court decisions when deciding cases having substantially the same facts. Reliance on such precedents is required of trial courts until such time as an appellate court changes the rule, for the trial court cannot ignore the precedent (even when the trial judge believes it is "bad law"). Through the stare decisis doctrine, appellate court opinions become “case law” binding on all lower courts. Decisions of the Supreme Court are binding on all federal courts and on state courts where applicable–that is, where federal statutory or constitutional rights are involved.

 

Trial courts: Courts that serve as the major fact finders in a case

 

Appellate courts: Higher courts to which decisions are “appealed” or asked to review a case decided by a lower court

 

Judicial review: The authority of a court to check the power of the executive and legislative branches of government by deciding whether their acts defy rights established by the state and federal constitutions

 

 

Court System in America

 

Two levels of the court system:

1. State
2. Federal

 

State Courts

 

1.      Lower courts (courts of limited jurisdiction): Examples- district courts, municipal courts

• Handles misdemeanors
• Handles preliminary hearings in felony cases

2.      Superior courts (courts of general jurisdiction): Examples- felony courts, circuit courts

• Handle felonies
• Highest trial court
• Handles appeals from lower courts

3.      Appellate courts

• Handle appeals that primarily deal with procedural issues
• Include courts of appeal and supreme courts
• Supreme courts are known as courts of last appeal

 

Federal Courts

 

1.      U. S. district courts (94 in number)

• trial courts of the federal system
• jurisdiction over cases involving violations of federal laws such as
  • kidnapping
  • civil rights abuses
  • interstate transportation of stolen goods
• jurisdiction over cases involving citizenship
• civil suits crossing state lines (e.g., one state sues another, one individual from one state sues one from another

2.      U.S. circuit courts (12 circuits)

• hears appeals from U. S. district courts on substantive and procedural issues involving Constitutional rights
• not a trial court

3.      U. S. Supreme Court

• highest appellate court
• court of last resort for all state and federal cases
• composed of nine members appointed for life
• hears 300 of 5000 appeals annually

 

Supreme Court

 

U. S. Supreme Court mechanics (how cases get there and get through):

·        An aggrieved party petitions the court for a writ of certiorari.

·        Four of the nine justices must vote to hear the case.

·        Writ of certiorari is granted. (Order to bring record up from lower court for review.)

·        Court reviews written briefs and oral arguments.

·        Affirms or reverses the decision of the lower court by at least 5 votes.

·        Court issues a majority and minority opinion.

·        100-150 full opinions per year.

 

The ruling of the Supreme Court is often referred to as a landmark ruling. It is binding on all lower courts and is the basis for which all subsequent decisions are based (stare decisis principle). Only the Supreme Court can overturn or modify one of its previous decisions.

 

Caseload of Courts

 

Court caseloads (annually):

·        Over 100 million civil, criminal and traffic cases.

·        13 million criminal cases.

·        14,000 state lower courts hear 11.5 million criminal cases, 2 million juvenile cases, 51 million traffic cases.

·        3,000 state superior courts hear 1.5 million felony cases.

·        94 federal district courts hear 45,000.

·        12 federal circuit courts hear 40,000 appeals.

 

Judges

 

Duties of a judge:

·        serves as senior officer of court ·        settles questions on evidence and procedure ·        guides the questioning of witnesses ·        provides instructions to the jury on points of law

·        rules on appropriateness of conduct ·        serves as senior officer in court ·        finds guilt or innocence during bench trials ·        decides on sentence/probation ·        influences conduct of other criminal justice professionals

 

Typical qualifications to be a judge:

·        a resident of the state ·        licensed to practice law

·        member of the state bar ·        25-70 years of age

 

Methods to select judges:

·        appointment by governor

·        recommendation by governor and confirmation by legislative body (e.g., state senate)

·        popular election