Chapter 11 "Origins and Organizations of The Courts"
Vocabulary
1. expert witness - a person called to testify because of his or her special expertise in an area at issue in a legal proceeding.
2. U.S. District Courts - Federal trial courts of general jurisdiction
3. U.S. Courts of Appeals - Intermediate federal appellate courts.
4. U.S. Supreme Courts - the highest court in the United States, which hears final appeals in cases involving federal law, suits between states, and interpretations of the U.S. Constitution.
5. writ of certiorari - a legal order from the U.S. Supreme Court stating that a lower court must forward the record of a particular case for review.
6. judicial review - The U.S. Supreme Court's authority to review the constitutionality of acts Congress.
7. prosecutors - elected or appointed officials who represent the community in bringing charges against an accused person.
8. district attorneys - the name for city and county prosecutors in many jurisdictions.
9. defense attorneys - attorneys who represent the legal rights of the accused in criminal or civil proceedings.
10. assigned counsel - a private attorney appointed by the court on a case-by-case basis from a list of available attorneys.
11. contract attorney programs - programs in which private attorneys, firms, or local bar associations provide legal representation to indigent defendants for a specific period contracted with the county.
12. public defenders - salaried attorneys paid by the government to represent indigents charged with crimes.
13. judge - a person who objectively assesses the strength of a case, rules on issues of law and procedure, and in many cases determines the disposition of a case.
14. merit selection - a method for selecting judges that involves a combination of appointment and election.
15. U.S. magistrates - judges appointed by the U.S. District Court judges to conduct pretrial hearings and trials for minor civil and criminal offenses in federal court.
16. Victim Impact Statements - statements by victims to the judge before sentencing about how the crime has harmed them.
17. Victims Bill of Rights - legal changes that formally recognize the role and rights of victims in the justice process.
18. Courtroom Work Group - The prosecutors, defense counsel, judges, and other courtroom personnel who represent distinct interests but share the goal of shepherding large numbers of cases through the adjudication process.
19. felony drug courts - courts that only handle drug offenses and attempt to correct underlying causes of the illegal conduct.
20. dispute resolution - a method of handling complaints outside the judicial process through a mediator appointed by the court.
21. community prosecution - a program in which prosecutors intervene in all disorderly behavior that affects the quality of life in a neighborhood.
22. community courts - decentralized courts that respond to neighborhood conditions using citizen advisory committees, volunteers, and teen courts.
Outline
How Were Criminal Courts Similar and Different In the Past?
`Although celebrated cases have occurred on occasion in the past, in many cases lawyers were absent from the trial. Misdemeanor cases were handled in a nonprofessional fashion; the processing of felonies tended to be more formal, as it is today.
`Until the late 1800s defendants could not act as witnesses or take the stand in their own defense. Today defendants are permitted to testify under oath.
How Did The State and Federal Court Systems Develop?
`The vast majority of criminal cases are heard in state courts, because most felonies are defined by state laws.
`There are three levels of jurisdiction: limited, general, and appellate.These are found in all state court systems, but each state determines how its system is organized.
`The legal authority of courts of limited jurisdiction is restricted to certain types of cases. Courts of general jurisdiction are often referred to as trial courts, and most felony trial s are held as this level. Appellate courts hear appeals from courts of general jurisdiction.
`The federal court system parallels the state court systems. There are courts of limited jurisdiction such as the U.S. Courts of Claims. There are also courts of general jurisdiction, the U.S. district courts ; these are located throughout the country and hear cases involving alleged violations of federal law.
`The are two levels of federal appellate courts. The intermediate level consists of U.S. courts of appeals. The highest level is the U.S. Supreme Court.
`All cases heard by the Supreme Court involve interpretations of the U.S. Constitution. The Court can choose which cases it will hear through a procedure termed certiorari; a writ of certiorari is issued when four or more justices believe that the legal issues presented in a case merit review.
`The decisions of the Supreme Court are made by a majority vote of the nine justices, who are appointed for life by the president with the consent of the Senate.
Who Are The Participants In the Judicial Process?
`Prosecutors represent the community in bringing charges against an accused person. Most prosecutors are elected officials and therefore may feel pressure to make "popular" prosecution decisions. Other influences on prosecutors' decisions include caseload pressures and the need to maintain good relations with other actors in the adjudication process.
`Defense attorneys represent the legal rights of the accused in criminal proceedings. They examine the evidence used to establish probable cause and assess the strength of the evidence to be used to prove guilt.
`The duties of judges are to objectively assess the strength of a case, to rule on issues of law and procedure, and sometimes to determines the ultimate disposition of a case. Judges are selected in a variety of ways, including appointment, nonpartisan election, and merit selection.
`Two recent reform movements - state court unification and the establishment of U.S. magistrates - have increased the quality of the judicial system.
`Victims and witnesses are not represented by specific actors in the adjudication process. In recent years there have been efforts to give victims a greater role in the process, usually at sentencing and at parole hearings.
`A proposed constitutional amendment would give victims legal authority to object plea bargaining, guarantee a speedy trial, require full restriction by the offender, and provide protection of victims where necessary.
`The right to a jury trial is stated in the Constitution, but historically it has been difficult to obtain a jury that represents the community. Expert witnesses are used to help a jury understand technical issues.
`Prosecutors, defense counsel, and judges can be viewed as a court room work group. Although they represent distinct interests, these actors share the goal of moving large numbers of cases though the adjudication process.
How Are Specialized And Alternative Courts Changing The Court System?
`Improved judicial quality, specialized courts such as felony drug courts, and alternatives to the court room are good news for the future of the court system.
`Dispute resolution, community prosecution, and community courts are three alternatives to formal adjudication in criminal court; all three of these approaches attempt to achieve dispositions that match the offense and will prevent crimes in the future.
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