Expert answer:Need help with The Judiciary: Structure and Jurisd

Answer & Explanation:There are
51 separate court systems in the United States. The federal government operates
one court system, the federal courts; and each of the 50 states operates a
court system, the state courts. The federal court and all of the state courts
have three main levels:  trial courts, appeals courts, and supreme courts.
Define trial courts, appeals courts, and supreme courts.
Explain the main responsibilities of state trial
courts. What is the purpose of state trial courts? How are state trial courts
related to and different from state appeals courts and state supreme courts?
Post should be at least 300 words in length. Support your
claims with examples from the required material(s) and/or other
scholarly resources, and properly cite any references.undefinedundefined
crj201_chapter06.pdf

crj201_chapter07.pdf

Unformatted Attachment Preview


Chapter 6
The Courts
6
Learning Objectives
© Guy Cali/Corbis/AP Images
Chapter Outline
6.1 Introduction
6.2 The Structure of the Court System
The Federal System
The State System
6.3 The Courtroom Work Group
The Judge
The Prosecutor
The Defense Attorney
After reading this
­chapter, you should
be able to:
• Understand the structure and function of
the federal, state and
local court system
• Identify the key actors
in the courtroom and
understand their specific functions
• Identify the steps in
the criminal justice
system
• Understand the
structure, functions,
limitations, and key
actors in the criminal
justice court systems
and how they interact
with one another
6.4 Pretrail, Bail, Plea Bargaining,
and Trial
Booking
Preliminary Hearings
Grand Jury
Arraignment
Plea Bargaining
The Criminal Trial
6.5 Chapter Summary
Critical Thinking Questions
Key Terms
Web Links
Introduction
Chapter 6
6.1 Introduction
Richard Jewell was working as a security guard during the 1996 Summer Olympics held in
Atlanta. He was walking through Centennial Park when he discovered a suspicious package
lying on the ground. He immediately notified the police and began evacuating individuals
from the area, including individuals inside a nearby building. The package contained three pipe
bombs weighing in at 40 pounds. The bombs were surrounded by nails.
At 1:20 in the morning the pipe bombs exploded, sending nails
in all directions. One person was killed at once and another 111
were injured. Almost immediately, Richard Jewell was hailed as a
hero for saving the lives of innocent spectators. Yet within hours,
the FBI had labeled Jewell as a “person of interest” in the crime.
That began a media frenzy which essentially convicted Jewell
of the crime in the public’s eyes. Numerous media sources, for
example, reported that Jewell fit an FBI profile of a lone bomber,
largely because he lived at home with his mother and aspired to
be a police officer.
▲ Richard Jewell, a former security
guard who was erroneously linked to
the 1996 Olympic bombing, is questioned by the media as he returns to
his Atlanta apartment. © Associated Press
While Jewell was never arrested, his life was turned upside down
by the intense media coverage. Every part of his life was publicly
dissected; rumors and speculation were fueled by the constant
media speculation. The FBI executed a search warrant and confiscated his weapons as well as, among other things, his collection of Disney movies. Everywhere Jewell went, he was followed
by the media and an army of FBI agents. Eventually, however, it
became clear that Jewell was not involved in the bombing and
that his actions had indeed saved the lives of many. Ten years
after the incident, the governor of Georgia at the time, Sonny
Perdue, held a ceremony publicly thanking Jewell for what he
had done. Jewell, however, never fully recovered emotionally or
psychologically from the years of scrutiny.
Jewell was never arrested for a crime, nor was he ever formally charged. His tragic case highlights the dramatic impact that merely being suspected of a crime can have on a person’s life.
While this case was widely publicized, the same process plays out on a much smaller scale every
day throughout the United States. For many people, the mere accusation of having violated the
law can generate a host of emotional, financial, and professional consequences. Reputations can
be lost, careers destroyed, families torn apart, and life savings consumed merely by being listed
as a “person of interest” in a crime. Arrest and prosecution can generate much greater collateral
consequences.
Few things in life are as serious as being accused of a crime, especially a serious crime or a
sex-based offense. The Framers of the Constitution understood this, and they understood that
a court system controlled by the government could not be relied on to be fair in its rulings or
consistent in the application of law. For these reasons, the Framers created an independent judiciary—that is, a judiciary that was not subject to the political will of those in power. The president of the United States, members of Congress, elected officials, and even local police officers
lack the legal ability to directly influence the decisions of judicial officers. They cannot compel
The Structure of the Court System
Chapter 6
prosecutors to charge citizens with crimes, force judges to find a defendant factually guilty,
influence appeals decisions, or prevent the Supreme Court of the United States from invalidating a law. It is an independent judiciary, as the quotation from Amistad, above, conveys, which
protects the rights of the accused.
What happened to Richard Jewell was tragic, but in the end the system worked. A man was not
arrested, charged, or convicted of a crime for which there was no evidence of his guilt. Without
an independent judiciary, Mr. Jewell and thousands of others like him could easily find themselves deprived of their livelihoods and freedom. Mr. Jewell was entirely cleared when the real
bomber, Eric Robert Rudolph, confessed to several bombings in his campaign of terror.
In this chapter, we will examine the American judiciary. We will examine the structure of the
American court system, with a focus on the responsibilities of each jurisdiction. We will examine the roles of each member of the court, including the prosecutor, the judge, the jury, and the
defense attorneys. Moreover, we will examine what
social scientists have found about how the judiciary
Stop and Think 6.1
works—that is, how courts across the country operate in a day-to-day fashion, how cases are processed,
What would be the possible consequences
how individuals are adjudicated, how appeals are
if powerful lawmakers could force the
managed, and how laws get overturned by the courts.
judiciary to bring charges against individuAs you will see, the judiciary serves many important
als suspected of violating the law? How do
functions in our criminal justice system and our socithese possible consequences illustrate the
ety. Perhaps no other part of the American system of
importance of maintaining an independent
justice is as multifaceted, as insolated, and as powerjudiciary?
ful as the court system.
6.2 The Structure of the Court System
The American court system, like much of the rest of the criminal justice system, operates at
different levels. There are 51 separate court systems in the United States. The federal government operates a court system, as do each of the 50 states. Each court system (state and federal)
comprises different types of courts.
At the first level are trial courts. These courts are responsible for:
•
•
•
•
•
•
Arraigning a defendant
Impaneling a jury
Hearing and evaluating evidence
Determining the facts
Pronouncing judgment
Imposing a sentence
Trial courts are the first courts to hear a case, and their decisions usually affect only those
involved in the case. Trial courts are “finders of fact,” which makes them different from
other courts.
At the second level are appellate, or appeals courts. These courts hear cases after a trial court
has ruled on them. In general, individuals found guilty of a crime are allowed to appeal their
The Structure of the Court System
▲ Trial courts are the first courts to hear a case.
© Associated Press
Chapter 6
conviction. However, appeals are built on matters of law and of procedural safeguards—they are
not built on matters of fact. In other words, appeals
courts make sure that the defendant received a fair
trial and that the law was followed in convicting the
individual. Appeals courts assume that the facts of a
case have been established by the court. They ensure
that the facts of the case were found fairly and by
following legal standards. Appeals courts focus on
attorneys and the process—that is, they do not weigh
evidence but instead weigh matters of law and procedural justice. Unlike trial courts, where a single judge
is responsible for the court, appeals courts are usually
staffed by panels of judges.
Finally, the third level is the supreme courts. Each
state has a supreme court, as does the federal system. The federal U.S. Supreme Court is the
highest court in the land and is also known as the court of last resort. State supreme courts do
not hear new evidence and do not conduct new trials. Similar to appellate courts, they examine
legal issues involved in specific criminal cases, and they have the power to order new trials in
situations where the errors of lower courts were so significant that the defendant may not have
received a fair trial. State supreme courts also rule on the constitutionality of state laws and
have the power to overturn or invalidate laws found to be unconstitutional. The U.S. Supreme
Court also has the power to overturn laws created by Congress or by any state.
An important concept in understanding the American court system is jurisdiction, which is
the statutory authority of a court to hear a case. Courts in Alabama, for instance, do not have
jurisdiction to hear cases originating in Minnesota. Similarly, appellate courts do not have the
jurisdiction to act as trial courts, and no court has jurisdiction over the U.S. Supreme Court.
At the state level, trial court jurisdiction often extends to criminal cases and depends on the
location where the violation of law occurred. This location is also known as venue. The venue of
a trial can be changed when there is a substantial likelihood that a defendant would not receive
a fair trial where the crime took place. A court may approve a change of venue under these
circumstances as long as the jurisdiction remains within the state. Defendants can also request
a change of venue.
The Federal System
The Constitution established the U.S. Supreme Court as a coequal branch of the federal government. Federal courts have jurisdiction when federal laws are violated. Trial courts in the federal
system are known as U.S. district courts. These courts are responsible for determining facts of
alleged violations of the federal law. There are 94 district courts in all, 89 in the United States
and the rest in U.S. territories and Washington, DC. Most states have at least one federal district
court, while others, such as California, have more.
There are 678 U.S. district court judges. Judges are nominated by the president and are then
confirmed by the Senate. Once confirmed, they are essentially allowed to serve on the bench
for life. This type of job protection is thought to encourage judicial independence and to help
isolate judges from the political forces that could influence their decision making.
The Structure of the Court System
Chapter 6
WA
Western
VT NH
Eastern
MT
ND
OR
Northern
ID
9
Eastern
NE
UT
CO
10
Central
AZ
Southern
7
OK
Northern
TX
IL
MO
Western
Western
Northern
IA
Eastern
Northern
Northern
IN
AR
Eastern
Western
Eastern
Western
5
TN
Eastern
Western
LA
MS
Northern
AL
Middle
Southern Southern
Middle
Eastern
Middle
Northern
Southern
11
FL
Middle
Southern
HI
MP
Southern
AK
VI
NJ
DE
MD
D.C.
CIRCUIT
Washington, D.C.
FEDERAL
CIRCUIT
Washington, D.C.
GA
Eastern
Western
NC
SC
Northern
Northern
Eastern
Western Middle
Eastern
WV
6 Southern
VA
Western
4
Middle
Western
Western
Eastern
Southern
Eastern
KY Eastern
Middle
Northern
3
PA
Southern
Southern
Southern
MA
RI
CT
NY
Western
Eastern
Western
PR
1
Northern
MI
Eastern
Southern
KS
NM
Administrative Office
of the United States Courts
WI
Northern
NV
CA
Western
8
SD
WY
2
MN
ME
Number and Composition of Circuits
Set Forth by 28 U.S.C. §41
GU
Legend
Circuit boundaries
State boundaries
District boundaries
DC Chief Justice
1 Breyer
2 Ginsburg
3 Alito
4 Chief Justice
5 Scalia
6 Kagan
7 Kagan
8 Alito
9 Kennedy
10 Sotomayor
11 Thomas
Fed. Cir. Chief Justice
Figure 6.1: Geographical Boundaries of United States Courts of Appeals 
and United States District Courts
f06.01_CRJ201
36p x of
23p3
Each circuit spans one or more states. U.S. Department
Justice
Federal district courts handle a limited range of criminal cases. In 2011, district courts processed 103,274 criminal cases. Most criminal cases handled by the federal system are drug
offenses (30,728 in 2011), immigration offenses (29,530), and theft and fraud offenses. While
important, these numbers are small in comparison to the 20 million criminal cases processed
by the states in 2009.
Appellate courts in the federal system are known as U.S. courts of appeals, or U.S. circuit
courts. There are 13 circuits, with each circuit spanning one or more states. The Sixth Circuit
Court of Appeals, for example, spans Tennessee, Kentucky, Ohio, and Michigan, while the
Seventh Circuit Court spans Illinois and Wisconsin. Appeals court judges are nominated by the
president and confirmed by the Senate. There are 179 federal appeals court judges. Each circuit
has between 6 and 29 judges to handle the caseload.
Circuits handle appeals from individuals convicted by district courts within the circuit. In
2011, a total of 55,753 appeals were lodged with the federal appeals courts. Of these, 12,377 were
appeals related to a federal criminal conviction, and almost 15,000 were from prisoners—meaning that petitions from prisoners constitutes almost half of all federal criminal appellate cases.
The Supreme Court
The Supreme Court of the United States is the most powerful court in the nation. It has jurisdiction over all federal cases, disputes between states, and all matters of federal and constitutional law. For the court to hear a case, however, a federal question has to be involved
The Structure of the Court System
Chapter 6
or a question regarding the applicability of the
Constitution. Supreme Court decisions have affected
every part of the criminal justice system, from the
rights extended to criminal defendants, to the limits
placed on police, to how evidence can be collected.
These decisions become precedent, or guiding legal
doctrine, that all other courts have to follow.
For the most part, the Supreme Court is an appellate
court and reviews cases from federal circuit courts
and from state supreme courts. Under very rare circumstances, the court can act as a trial court—for
▲ The Supreme Court has jurisdiction over federal
example, when states have disputes with the federal
cases, state disputes, and issues involving federal
government. Again, these cases are exceedingly rare.
and constitutional law. © Stock Connection/SuperStock
The vast majority of cases managed by the court are
appellate cases from lower courts. Each year, the
court receives over 10,000 appellate requests. It grants review in about 100 of these cases and
issues full opinions on 80 to 90 of them. Thus the likelihood of a case making it to the Supreme
Court is rather small.
It would be impossible for the nine justices that compose the Supreme Court to hear every
appellate request. Instead, the court selects cases for review through what is known as a writ
of certiorari. The writ grants a review of a case settled by a state supreme court or by a federal
circuit court. The writ is essentially a command for a lower court to provide the Supreme Court
with the records of the case. For a writ to be granted, four justices have to vote to approve it.
This is known as the rule of four. In general, the court looks for cases that involve unsettled
law or important constitutional or legal questions or that provide an opportunity to clarify the
meaning of a law. The actual facts of the case usually matter less than the broader legal and
constitutional issues involved.
Once a case is chosen for review, the justices take time to research the legal issues involved.
They then listen to oral arguments from the attorneys, read the legal briefs submitted by the
attorneys, and eventually vote on the matter in a case conference. A simple majority (more than
half) wins the vote. Once the vote is complete, majority and dissenting opinions are crafted and
the decision is published.
The Supreme Court is composed of eight associate justices and one chief justice. Each justice
is nominated by the president of the United States and is confirmed by the Senate. Given the
importance and power that comes from a lifelong position on the Supreme Court, public nomination hearings are held. Most of the time nominations are confirmed.
The State System
States are home to a diverse number and arraignment types of courts. While each state has
a criminal court system, embedded in most states are any number of local, city, and county
courts. These courts are typically funded by local or county governments, and they can hear a
wide range of cases.
State trial courts can be defined by their jurisdiction. Courts of general jurisdiction, for example, differ from courts of limited jurisdiction. Courts of limited jurisdiction—also known as
The Structure of the Court System
Chapter 6
Figure 6.2: Court Hierarchy
United States Supreme Court
Federal Courts of Appeals
State Supreme Courts
Federal District Courts
State Appellate Courts
The different levels of courts have
different jurisdictions.
State Trial Courts
inferior courts, lower courts, or municipal courts—hear only certain types of cases. Many,
for example, hear misdemeanor
crimes, traffic cases, and cases that involve infractions of local
f06.02_CRJ201
pts x 227
laws. Limited jurisdiction295
courts
alsopts
include specialized courts, such as mental health courts,
family courts, and drug courts. Moreover, they are usually charged with arraigning defendants and conducting preliminary and bail hearings for cases that may be transferred to general
jurisdiction courts. As you can see, limited jurisdiction courts manage many of the day-to-day
problems that arise in the United States. Data from the National Association of State Courts
(2012) show that slightly over 13,500 limited jurisdiction courts handle over 70 million cases
a year, the majority of which are traffic cases. This represents an increase of about 10 percent
since 2000 but only about a 1 percent change in the rate of cases per 100,000 residents. Limited
jurisdiction courts handled 66 percent of all court cases in 2009. Of these cases, 43 percent were
traffic violations while only 14 percent were violations of the criminal law.
Courts of general jurisdiction—also known as superior courts, district courts, or circuit
courts—are tasked with handling relatively severe felony criminal cases, although a general
jurisdiction court can usually hear any felony case. General jurisdiction courts can also review
cases from limited jurisdiction courts. In 2009, there were about 2,000 of these courts in the
United States. These courts handled 17 percent of the total 106 million cases heard by state
courts. Of these cases, 3.8 million were for criminal cases not involving traffic offenses. The
number of criminal cases handled by these courts has risen 6 percent since 2000. However, the
rate of criminal cases (per 100,000) heard by courts of general jurisdiction has declined by 7
percent since 2006.
State appellate courts also take a variety of names, but they all have one overriding purpose: to
ensure that defendants have received fair trials. As a reminder, appellate courts do not generally
examine matters of fact but instead examine matters of law. Every defendant is entitled to a fair
trial. However, each trial brings with it a unique set of circumstances. Recognizing this, appeals
courts try to make certain the convicted person’s trial was fair, not perfect. The vast majority of
appeals are turned down by appeals courts. An appeals court can affirm the decision of the lower
court or it can reverse the decision. In rare instances, an appeals court can order a new trial.
The Structure of the Court System
Chapter 6
Minnesota Supreme Court
2011 Appropriation $30.6 million
Chie …
Purchase answer to see full
attachment

How it works

1. Paste your instructions in the instructions box. You can also attach an instructions file
2. Select the writer category, deadline, education level and review the instructions 
3. Make a payment for the order to be assignment to a writer
4.  Download the paper after the writer uploads it 

Will the writer plagiarize my essay?

You will get a plagiarism-free paper and you can get an originality report upon request.

Is this service safe?

All the personal information is confidential and we have 100% safe payment methods. We also guarantee good grades