1. COURT AND
S
T E QUE
H ST
FOR J ICE
UST

2.  Due Process and Crime Control in the Courts
◦ The Due Process Function
◦ The Crime Control Function
 The Rehabilitation Function
 The Bureaucratic Function

3.  Define jurisdiction, and contrast geographic and
subject matter jurisdiction.

4. Jurisdiction - the authority of a court to hear and
decide cases within an area of the law or a
geographic territory.
◦ Geographic jurisdiction
◦ International jurisdiction
◦ Subject-matter jurisdiction
 Courts of general jurisdiction
 Courts of limited jurisdiction

5.  Explain the difference between trial and appellate
courts.

6. Trial Courts:
 Have original jurisdiction
 Are concerned with questions of fact
Appellate Courts:
 Courts of review
 Concerned with questions of law

7.  The dual court system is comprised of both
federal and state courts.
 Both federal and state courts have limited
jurisdiction
◦ Federal courts enforce federal statutes.
◦ State courts enforce state statutes.
The distinction between the courts is not always
clear. In some cases, both courts have
jurisdiction over the same criminal behavior.

9.  Outline the several levels of a typical state court
system.

11. The state court system includes:
 Courts of limited jurisdiction
 Trial courts of general jurisdiction
 Appellate courts
 The state’s highest courts

12.  Outline the federal court system.

13. Three-tiered model:
 U.S. District Court
 U.S. Court of Appeals
 United States Supreme Court

15. The United States Supreme Court:
 Highest court in the United States
 Nine justices, led by the Chief Justice
 Reviews fewer than 0.5 percent of cases
 Cases selected through writ of certiorari, issued by the
rule of four
 Makes policy in two ways:
◦ Judicial review
◦ Interpretation of the law

16.  Explain briefly how a case is brought to the
Supreme Court.

17.  The United States Supreme Court normally does not
hear any evidence.
 The court’s decision is based on the written records,
written arguments, and occasionally oral arguments.
 Justices decide each case in conference, and then the
senior justice on the majority side writes the opinion.
◦ Concurring opinions
◦ Dissenting opinions

18. The duties of judges before trial include
determining:
 Whether there is sufficient probable cause to issue an
arrest or search warrant, or to authorize electronic
surveillance
 Whether the defendant should be release on bail and the
amount of that bail
 Whether to accept pretrial motions
 Whether to accept a plea bargaining

20.  Questions:
◦ We don’t typically think of being a judge as a “high-risk”
job like we do a police officer. Do you think if you were a
family court judge you were consider potential familial
reactions into your verdicts? Do you think the risk
represented in this story is real, or another example of
media over-exaggeration?

21.  Selection of federal court judges
◦ Appointed by the President and confirmed by the senate
 Selection of state court judges
◦ Appointment
◦ Election
 Partisan elections
 Nonpartisan elections
◦ Merit selection (The Missouri Plan)

23.  List and describe the members of the courtroom
work group.

24. Members of the courtroom work group:
 Judges
 Prosecutors
 Defense attorneys
 Bailiffs
 Clerks of the court
 Court reporters

25.  Each member of the court room carries out
specialized tasks.
 The judge is the leader of the work group.
◦ Laissez-faire judges.
◦ “Tough-on-crime” judges.

26. The Prosecution
 Criminal cases are tried by public prosecutors, who
are employed by the government.
 The attorney general is the chief law enforcement
officer in any state.
 Each jurisdiction has a chief prosecutor who is
appointed, or more often, elected.
 Chief prosecutors often have numerous assistant
prosecutors.

27.  List the different names given to public
prosecutors, and indicate the general power that
they have.

28.  The Prosecutors act as officers of the law during
criminal trials.
 During the pretrial period, they have the discretion
to determine:
◦ Whether a suspect will be charged with a crime
◦ The level of charges to be brought against the suspect
◦ If and when to stop the prosecution

30.  Describe the responsibilities of defense attorneys.

31.  The Defense Attorney:
◦ Provides legal representation to criminal defendants during the
court process.
◦ Investigates the incident for which the defendant has been
charged.
◦ Communicates with the prosecutor, which includes negotiating
plea bargains
◦ Prepares the case for trial.
◦ Submits defense motions, including motions to suppress
evidence.
◦ Represents the defendant at trial.
◦ Negotiates a sentence, if the client has been convicted.
◦ Determines whether to appeal a guilty verdict

32. There are two types of defense attorneys:
 Private attorneys
 Public defenders
◦ Gideon v. Wainwright (1963)
◦ In re Gault (1967)
◦ Argersinger v. Hamlin (1972)

33. Attorney-Client Privilege:
 Communication between defense attorneys and
their clients must be kept confidential unless the
client consents to disclosure.
 This privilege extends to criminal confessions.
 Exceptions to attorney-client privilege