Transcript Courts and the Quest for Justice

Courts and the Quest for
Justice
Mr. Whitaker
Vocabulary
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Appellate Courts—courts that review decisions
made by lower courts, such as trial courts. Also
known as courts of appeals.
Attorney General—the chief law officer of a
state; also, the chief law officer of the nation.
Attorney-Client Privilege—a rule of evidence
requiring that communications between a client
and his or her attorney be kept confidential,
unless the client consents to disclosure.
Vocabulary
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Courtroom Work Group—the social
organization consisting of the judge,
prosecutor, defense attorney, and other
court workers.
Defense Attorney—the lawyer
representing the defendant.
Docket—the list of cases entered on a
court’s calendar and thus scheduled to be
heard by the court.
Vocabulary
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Dual Court System—the separate but interrelated
court system of the United States, made up of the courts
on the national level and the courts on the state level.
Judicial Misconduct—a general term describing
behavior by a judge that diminishes public confidence in
the judiciary.
Jurisdiction The authority of a court to hear and decide
cases within an area of the law or a geographical
territory.
Magistrate—a public civil officer or official with limited
judicial authority within a particular geographical area,
such as the authority to issue an arrest warrant.
Vocabulary
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Nonpartisan Elections—elections in which candidates
are presented on the ballot without any party affiliation.
Opinion—a statement by the court expressing the
reasons for its decision in a case.
Oral Arguments The verbal arguments presented in
person by attorneys to an appellate court.
Partisan Election—elections in which candidates are
affiliated with and receive support from political parties;
the candidates are listed in conjunction with their party
on the ballot.
Public Defender—court-appointed attorneys who are
paid by the state to represent defendants who are
unable to hire private counsel.
Vocabulary
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Public Prosecutors Individuals, acting as trial
lawyers, who initiate and conduct cases in the
government’s name and on behalf of the people.
Rule of Four—a rule of the United States
Supreme Court that the Court will not issue a
writ of certiorari unless at least four justices
approve of the decision to hear the case.
Trial Courts—courts in which most cases
usually begin and in which questions of fact are
examined.
Functions of the Courts
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Place where
arguments are settled
The arguments are
settled through
application of the law
Courts have extensive
powers—property,
freedom, restrict
liberties, etc
Courts
Based on legitimacy of the courts:
Impartiality—equal treatment
Independence—no outside influences
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The American Judicial System
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Complex system that
includes 52 different
systems
Each system has its
own set of rules
Jurisdiction
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Power to speak the
law
Geographically
jurisdiction
Domestic jurisdiction
International
jurisdiction
Subject Matter Jurisdiction
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Civil matters
Misdemeanors
Felonies
Drug Courts
Family Courts
Domestic Violence Courts
Trial Courts
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Original jurisdiction is
the trial courts
Trial courts are
concern with
questions of facts
Deals it the incident
occurred
Deals with guilt or
innocence
Appellate Courts
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Reviewing courts
Handles appeals of trial courts
Prosecutors who lose in trial courts cannot
appeal
Appellate courts have judges who makes
the decision
Produced “opinions of the court”
Appellate Courts
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Appellate courts do
not determine guilt or
innocence
Only make judgments
on questions of
procedures
State Court Systems
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Lower courts
Trial courts
Appellate courts
State highest courts
Limited Jurisdiction Courts
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Magistrate Courts
Provide law enforcement with search and
seizure warrants
Probable case hearings
Arrest warrants
Marriage
General Jurisdiction Courts
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Have the authority to
hear and decide cases
of many types of
subject matter
Criminal trials
Examples—Cobb
County Court System
State Court of Appeals
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The decisions of each state’s highest
courts on all questions of state law are
final
Only issues of federal law or constitutional
procedures go to the US Supreme Court
Federal Court System
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Three tiered model
that includes:
U.S. District Courts
U.S. Court of
Appeals
U.S. Supreme Court
U.S. District Court
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Cases involving federal law
Each state has one District Court
Federal system also has limited-jurisdiction
courts such as: tax courts and courts of
international trade.
U.S. Court of Appeals
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Thirteen U.S. courts
of appeal.
The Thirteenth Circuit
is also called the
Federal Circuit and
has national
jurisdiction over
patent law and cases
in which the United
States is a defendant.
U.S. Supreme Court
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Hears half of one percent of all court
cases in the United State per year
Court issues a writ of certiorari ordering
the record from the lower court.
The Court will not issue a writ of certiorari
unless at least four justices approve it.
Supreme Court Decisions
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Justices review:
Written record of
case.
Attorneys’ written
arguments.
Oral arguments of
the attorneys.
Supreme Court
The senior justice voting with the majority
assigns the writing of the opinion.
1. Concurring opinions agree with the
majority decision, but for different legal
reasons.
2. Dissenting opinions outline reasons the
writer disagrees with the majority.
Judges in Court System
Trial Judges
Pretrial the judge takes on the role of negotiator.
1. During the Trial
 Acts as referee between participants.
 Acts as teacher to the jury.
2. Administrative Role
 Maintains court calendar, or docket by
scheduling hearings, and trials.
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Judge Selection
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All federal judges are appointed by the president
and confirmed by the Senate.
In some states (such as Delaware) judges are
appointed by the governor and confirmed by the
upper chamber of the legislature.
Some states (such as Arkansas) judges are
elected by partisan elections.
Some states have nonpartisan elections for the
selection of judges.
Judicial Ethics
In the 1920s the
American Bar Association
the first code of judicial
ethics.
 Used as a model for 47
states and the
District of Columbia.
 Prevents unethical
conduct such as bribery,
impropriety, and illegal
acts
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Courtroom Work Group
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Functions as a
cooperative unit
Bailiff
Court Reporter
Clerk of the Court
Judge
Less Prominent Members
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The bailiff who is responsible for
maintaining security and order.
The clerk of the court maintains
paperwork and evidence as well as playing
a key role in jury selection.
The court reporter’s is to record every
word said during proceedings.
Judge
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Has the most
influence over the
workgroup.
Judge’s personal
value (i.e. tough on
crime) will have a
great impact on the
outcome.
The Prosecution
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U.S. Attorney on the
federal level.
On state or local level
the prosecutor may
be called: state
prosecutor, district
attorney, county
attorney, or city
attorney.
The Office of the Prosecutor
Decides whether person will be charged
with a crime.
 The level of charges.
 If and when to stop the prosecution.
 State Attorney General is usually the top
law enforcement officer of the state.
 Some prosecutors are appointed, most are
elected.
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The Defense Attorney
Responsibilities
 Represent the defendant at various stages
of the trial process.
 Investigate the incident.
 Communicating with the prosecutor.
 Preparing for trial.
Continued
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Submitting defense
motions.
Representing
defendant at the trial.
Negotiating a
sentence.
Deciding whether to
appeal.
The Public Defender
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Appointing defense
counsel for those who
cannot afford their
own attorneys.
Three out of four
inmates in state
prisons and jails had
publicly paid counsel.
The Attorney-Client Relationship
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Communication between attorney and
client is considered privileged, and is not
subject to disclosure unless the client
consents.
An exception to attorney-client privilege
includes the client telling the attorney of a
crime that has not yet been committed.