Transcript Chapter Four: STATE COURTS

Chapter Four:
STATE COURTS
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.
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
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 twothirds 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.
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.
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 state’s intermediate appellate
court is the final step for most.
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.
Characteristics of
State Judicial Systems
Three Interdependent
Features

Localism

Hierarchy

Emphasis on the right
to appeal
Additional Features
Include:

Their resistance to
strong organizational
change.

Their ability to adapt
to change.
QUESTION
How many Courts of Last Resort
does the State of Texas have?
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)
THERAPEUTIC JURISPRUDENCE
Types of Specialized Courts
Five Essential Elements

Drug courts (adult and
juvenile)
Nonadversarial adjudication

Mental Health courts

Hands-on judicial involvement

Domestic Violence courts

Treatment programs with clear
rules and structured goals.

Drunk driving courts

A team approach with the
courtroom workgroup.

Reentry courts

Family courts

Immediate intervention

The “War” on Drugs
Due Process Model
Crime Control Model

Drug abuse is caused by a
breakdown of individual
responsibility.

Drug abuse is a disease and
needs to be treated.

The solution is punishment
and deterrence.

The solution is
rehabilitation.

Drug policies should not be
concerned with
socioeconomic factors.

Drug policies influence
minority groups unequally.
Question
Does the “War” on drugs
determine the way cases are
processed and on the type of
justice that results?
Question
Which model, the crime control model
or the due process model,
would advocate drug courts?
And why?
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?