ADMJ 50 – Introduction to

Administration of Justice

Chapter 7 – The Courts

 LEARNING OBJECTIVES
• Describe the development of the American court
system.
• Outline the structure of a typical state court system,
and describe the jurisdiction of various types of state
and local courts.
• Identify the three levels of the federal judiciary, and
enumerate some of the differences between the state
and federal court systems.
• Explain the typical steps taken during pretrial activities,
and list the key factors considered by judicial officers in
assessing the risks associated with pretrial release.
American Court System
• Functions of US Courts ?
– Dispense Justice on a daily & individual basis
– Ensure that all official actors in the justice system
carry out their duties in recognition of Rule of Law
• Two levels of Courts in American CJS?
– Federal
– State
• Historical agreement for states to have judicial
autonomy from federal government
 History and Structure of the
American Court System

• Federal Court System. What is the structure of the Federal

Court System?
– The three-tiered structure of the federal courts, comprising
U. S. district courts, U. S. courts of appeals, and the U. S. Supreme
Court
• State Court System. What is the structure of the State
Court System?
– A state judicial structure and most states generally have at least
three court levels: trial courts, appellate courts, and a state
supreme court
• Jurisdiction
– The territory, subject matter, or people over which a court may
exercise lawful authority (Next Slide discusses State Jurisdiction)
 ORIGINAL VS. APPELLATE
JURISDICTION
• Original Jurisdiction (Lower Courts)
– The lawful authority of a court to hear or to act on a case from its
beginning and to pass judgment on the law and the facts

• Appellate Jurisdiction (Higher Courts)

– The lawful authority of a court to review a decision made by a
lower court
 AMERICAN COURT STRUCTURE
• Federal Court System
– Three-tiered structure of federal courts. Name the three courts?
• District Courts (trial courts)
• U.S. Courts of Appeals (Circuit Courts)
• U.S. Supreme Court

• State Court System

– Most states have at least three court levels. Name the three courts?
• Superior Court (Trial Courts)
• Appellate Courts (Court of Appeal)
• State Supreme Court
 THE FEDERAL COURT SYSTEM
• The development of state courts
– Each of the original American colonies had its own state
court system
– By 1776, all of the American colonies had established fully
functioning court systems

• Created by the U.S. Constitution, Article III, Section 1

Article III, Section 2
– Specifies that such courts are to have jurisdiction over
cases arising under…
• Constitution
• Federal Laws
• Treaties
 U.S. DISTRICT COURTS
• Trial Courts of Federal Court System
– The lowest level of the federal court system.
– Each state has one District court while other states have
several District Courts (i.e., California has 4 District Courts)

• 94 Federal Judicial Districts

– 650 District Court judges
– Appointed for life by the President and confirmed by the
Senate
– Additional 479 (full and part-time) magistrate judges

• Original Jurisdiction for federal crimes

 U.S. COURTS OF APPEALS
• Circuit Courts
– The intermediate appellate courts (official name for circuit
courts).
– The system is made up of 13 circuit courts (U.S. Court of Appeals
for the Federal (Circuit and 12 regional courts of appeal) (Map
Next Slide)
– Have mandatory jurisdiction over the decisions (appeals) of
district courts within their circuit12 regional circuits
– 13th District Fed. Appeal hears subject matter i.e., patents,
trademarks, Vet Affairs, international trade, etc.
– 167 judges
– Six or more judges per court
• Appointed for life by the President with advice & consent of the
Senate
MAP OF U. S. COURTS OF APPEAL
 THE SUPREME COURT TODAY
• Four justice must agree to hear a case

• Hears disputes between states and sometimes for

attorney disbarment

• Hears cases from U.S. and State Courts of Appeals

• Hears approximately 200 cases a year out of some

5,000 requests!
 The U.S. Supreme Court
• Judicial Review
– The power of the Court to review actions and decisions made
by other agencies of government

• Marbury vs. Madison (1803)

– Established the US Supreme Court’s authority as the final
interpreter of the U.S. Constitution

• 8 Associate Justices, 1 Chief Justice

– Appointed for life by the President and confirmed by the
Senate
– 4 Justices needed for the Supreme court to hear a case
 CALIFORNIA COURTS AT A GLANCE

• Population served: more than 38 million—12.5% of the United

States population
• Total court system filings: almost 9.5 million cases in fiscal year
2010–2011
• Number of authorized judicial officer positions (including
commissioners and referees): 2,134
• Court levels: Two-trial and appellate
• Trial courts: 58-one in each county
• Court of Appeal districts: 6 in 9 locations
• Highest court: California Supreme Court
• Total judicial branch budget (08-09): More than $3.1 billion
• Judicial branch budget as percentage of total State Budget: 2.1
• 19,000 court employees statewide
 STATE COURT JURISDICTION
• Jurisdiction = those areas over which a court has lawful
authority
– Territory
• Geographic area
– Subject Matter
• Criminal, civil, felony/misdemeanor, family law, etc.
– People
• Adults, juveniles, etc.
• How does this compare to Law Enforcement “jurisdiction”?
 STATE COURTS

• Trial Courts – Can you list the steps for a Trial?

– Arraignment
• Bail, Charges, Plea, Attorney
– Preliminary Hearing
– Trial & Sentencing

• Appellate Courts
– Review the judgment/decision/order of a lower court
and set it aside (reverse it) or modify it. (Next Slide for
map of Appellate Courts)

• Supreme Court – (Next Slide discussion on supreme

court)
• Writ of Certiorari
– Written request from appellate court to obtain court
records to be reviewed
MAP OF APPELLATE DISTRICTS
 CALIFORNIA SUPREME COURT
• Chief Justice and six Associate Justices
• Appointed by the Governor for a 12 year term
and confirmed by the California Commission on
Judicial Appointments.
• Original jurisdiction
– habeas corpus proceedings
– authority to review all the decisions of the California
Courts of Appeal
– automatic appeal for death penalty cases
– 8,000 cases per year, full opinions for about 100 cases
each year, about 20 death penalty cases
 THE GRAND JURY
• Federal Grand Jury
– Jurors selected according to law
– Only half of the states actually employ them
– 16 to 23 members and 12 members must concur for an
indictment
– Determine if probable cause exist for indictment

• Indictment: A formal written accusation submitted to

the courts by a grand jury, alleging that a specified
person has committed a specified offense, usually a
felony

• California Grand Jury (Discussed next slide)

 CALIFORNIA GRAND JURY
• California Grand Jury
– One Grand Jury per county
– Most county grand juries in California do not consider
criminal matters (watchdog on local government)
– A decision to present criminal cases to the grand jury
may be made by the county District Attorney
– county-level grand juries primarily focus on oversight
of government institutions at the county level or
lower (known as (civil grand juries)
– 23 to 11 jurors, serve for one fiscal year, selected on a
volunteer basis by the Superior Court
 PRETRIAL RELEASE AND DETENTION
• Pretrial Release
– McNabb v. U.S. is responsible for creating the
notion that a suspect should have his or her first
appearance within 48 hours of arrest.
– Two US Supreme Court cases (Gerstein v. Pugh
and County of Riverside v. McLaughlin), if a
person is arrested without a warrant, there must
be a judicial determination of probable cause for
the arrest within 48 hours, including weekends or
holidays. However, California does not interpret
this as requiring a court appearance.

– (PC 825 48 HOURS NEXT SLIDE)

 PC 825 48 HOURS
• Penal Code sections 825 and 849 mandate that a person arrested
be taken before a magistrate without unnecessary delay, and in no
event more than 48 hours. However, this does exclude weekends
and holidays. Moreover, if the 48 hours expires when court is not in
session, the prisoner can be arraigned at any time the next day
court is in session. This effectively permits a delay of almost 72
hours, excluding weekends or holidays.

• 825 PC (a) (1) Except as provided in paragraph (2), the defendant

shall in all cases be taken before the magistrate without
unnecessary delay, and, in any event, within 48 hours after his or
her arrest, excluding Sundays and holidays.
(CONTINUED NEXT SLIDE PC 825)
 PC 825 CONTINUED
• (2) When the 48 hours prescribed by paragraph (1) expire
at a time when the court in which the magistrate is sitting
is not in session, that time shall be extended to include the
duration of the next court session on the judicial day
immediately following. If the 48-hour period expires at a
time when the court in which the magistrate is sitting is in
session, the arraignment may take place at any time during
that session. However, when the defendant’s arrest occurs
on a Wednesday after the conclusion of the day’s court
session, and if the Wednesday is not a court holiday, the
defendant shall be taken before the magistrate not later
than the following Friday, if the Friday is not a court
holiday.
• (b Section Continued)
 PC 825 CONTINUED1
• (b) After the arrest, any attorney at law entitled
to practice in the courts of record of California,
may, at the request of the prisoner or any
relative of the prisoner, visit the prisoner. Any
officer having charge of the prisoner who
willfully refuses or neglects to allow that
attorney to visit a prisoner is guilty of a
misdemeanor. Any officer having a prisoner in
charge, who refuses to allow the attorney to
visit the prisoner when proper application is
made, shall forfeit and pay to the party
aggrieved the sum of five hundred dollars
($500), to be recovered by action in any court
of competent jurisdiction.
 PRETRIAL RELEASE AND DETENTION1
– Release of accused from custody for all or part of the time
before/during prosecution
– Release on Recognizance (O.R.)
• Based on Defendant’s written promise to appear

• Pretrial Detention (Discussed next slide)

 PRETRIAL RELEASE AND DETENTION2
• Pretrial Detention continues for…
– Serious crimes, escape risks, public safety concerns, etc.

• Release / Detention decisions based upon…

– Seriousness of the current charge
– Defendant’s personal / criminal history
• Dangerous? Flight risk? Employment? Family needs?
 BAIL
• Bail is the most common release/detention decision-making
mechanism
• Main purposes…
– Ensures reappearance of the Accused
– Allows for Defense preparation
– Prevents un-convicted persons from suffering imprisonment
unnecessarily
• “Innocent until proven guilty”
• Bail Bonds
– Cash deposits, property, valuables as collateral
• Usually ~ 10% of total bail amount
• Usually non-refundable if through bail bondsman

• Pretrial Release and Public Safety

– U.S. v. Hazzard held that Congress was justified in denying bail to offenders
who represent a danger to the community.

– Danger Law: A law intended to prevent the pretrial release of criminal

defendants judged to represent a danger to others in the community.
 ARRAIGNMENT
• With a Grand Jury Indictment or D.A.’s Information, the
Accused will be formally Arraigned:
– Defendant’s first appearance before the court of jurisdiction

• Handled during Arraignment…

– Charges
– Plea
– Attorney
– Release or Detention
• Bail eligibility
 THE PLEA
• Plea
– Defendant’s formal answer in court to the charges
• Three types of pleas: What are the 3 types of pleas?
– Guilty
– Not Guilty
– No Contest (Nolo contendere = “I do not wish to contend”)
• Defendant does not contest conviction
• Does not admit guilt
• Cannot be used in Civil case
 PLEA BARGAINING
• Process of negotiating an agreement between the Prosecution and
Defense. Plea bargaining circumvents the trial process and dramatically
reduces the time required for the resolution of a criminal case.
– Reduced and/or dropped charges
– Corresponding plea and/or sentence
• Judge required to…
– Inform the Defendant of the rights surrendered with a guilty plea
– Determine that the plea is voluntary
– Require disclosure of any plea agreements
– Ensure the legal/factual basis for the plea
– 90% - 97% of all criminal cases are eventually resolved through a negotiated plea

• How is this in the interest of Justice?

 PLEA BARGAINING1
Detractors of the plea-bargaining process point
to the public's perception that offenders
manipulate the process to escape just
punishment. They see this as the strongest
argument against plea bargaining. Such people
cite denial of society's sense of justice when an
offender receives a lesser degree of punishment
than his or her action(s) might otherwise
deserve.
 PLEA BARGAINING2
Its supporters contend that plea bargaining is an
essential and effective means of moving cases
through an expensive and overburdened system. In
the absence of plea bargaining, they say that the
sheer volume of cases would overwhelm the
system, causing it to grind to a halt. Most people
find plea bargaining acceptable simply because a
reduction in plea bargaining would increase the
number of pending trials, thus placing an
extraordinary expense on the criminal justice
system that is not economically feasible.
 PRELIMINARY HEARING
• A preliminary hearing is one of the earliest stages
in California's pretrial criminal court process.
• It is a special proceeding, held before a judge or
magistrate, to determine if there is enough
evidence to "hold you to answer" for a trial as to
the charges.
• The prosecutor presents live witnesses and
evidence, subject to cross-examination by the
defense.
 PRELIMINARY HEARING
• The judge usually schedules this hearing after you
enter a "not guilty" plea.
• The prelim must take place within ten court days of the
arraignment or plea.
• During the prelim...which, on average lasts somewhere
between 30 minutes to several hours. The judge must
answer two questions:
1. Is there enough probable cause to believe that a crime
was committed, and
2. If so, is there enough probable cause to believe that the
defendant is the person who committed that crime?
 THE PROSECUTOR'S BURDEN OF PROOF

• The burden of proof at a preliminary hearing

is much less than that of a California criminal
jury trial.
• In order to convict you at the conclusion of a
California criminal jury trial, the prosecutor
must prove to a moral certainty...that is,
beyond a reasonable doubt...that you are
guilty of the offense(s) as charged.
• Continued
THE PROSECUTOR'S BURDEN OF PROOF1

• The burden of proof in a California preliminary

hearing is only probable cause. "Probable
cause" is "a state of facts as would lean a man
of ordinary care and prudence to believe and
conscientiously entertain an honest and
strong suspicion that the person is guilty of a
crime.“
• Continued
 THE PROSECUTOR'S BURDEN OF PROOF2
• In order to meet this burden, the prosecutor
must establish probable cause for each element
of each crime. An 'element of the crime' is a fact
that must be established before the prosecutor
can prove that the offense was committed.“
• Elements of 187 PC 192a PC
•Unlawful killing Unlawful killing
•Of a human being or fetus Of a human being
•With malice aforethought Without malice aforethought
Sudden quarrel or heat of
passion
Continued
 JUDGE
• If the judge finds probable cause, he/she will
"hold you to answer for the charges", and the
case will be transferred to the trial court for
further "pretrial" proceedings within 15 days.
If the judge does not believe that probable
cause exists, he/she will either:
1. dismiss your case, or
2. dismiss specific charges.
• Continued
 JUDGE
Factual vs. legal findings
• "Factual" findings are binding on the
prosecution. This means that if the court
makes a factual finding when dismissing a
charge, the prosecution may not include that
charge in the trial court's information.
• The prosecution may be able to re-file another
complaint or to file a motion to reinstate the
dismissed count(s).
• CONTINUED
 JUDGE
Factual vs. legal findings1
• The most common example of a factual
finding is a ruling on the credibility of a
witness. For example, "Mr. Smith's testimony
that he saw the defendant stab the victim is
unbelievable because of the lighting, distance,
and crowd of people standing between them.“

• CONTINUED
 JUDGE
Factual vs. legal findings2
• "Legal" findings, by contrast, are not binding on
the prosecution. This means that even if your
California preliminary hearing judge dismisses a
count...based on a legal finding...the prosecution
is still free to re-file the discharged count in the
trial court...although the defense is similarly still
free to raise a Penal Code 995 PC "motion to
dismiss“ (discussed in further slide).
• An example of a legal finding takes place when
the judge determines that certain undisputed
facts do or do not constitute a crime.
 THE JUDGE'S ABILITY TO REDUCE A
FELONY TO A MISDEMEANOR
• Some good news for the defense is that California
criminal law authorizes a judge presiding at a
preliminary hearing to reduce a felony to a
misdemeanor. However, this is only the case
with respect to wobblers.
• "Wobblers" are crimes that may be filed as either
felonies or misdemeanors, based primarily on:
1. the seriousness of the offense, and
2. your criminal history.
CONTINUED
 THE JUDGE'S ABILITY TO REDUCE A
FELONY TO A MISDEMEANOR1
• Reducing a felony to a misdemeanor...or simply stating
that the charge will be prosecuted as a
misdemeanor...is something that the judge may do on
his/her own motion or at the request of the defense.
The prosecutor's consent isn't necessary,
• And once the judge declares a wobbler a misdemeanor,
the prosecutor may not re-file the charge as a felony
without the judge's approval. Also important to note
is the fact that the judge has the discretion to reduce
felonies even in cases subject to California three
strikes law.
• continued
 THE JUDGE'S ABILITY TO REDUCE A
FELONY TO A MISDEMEANOR2
• California's preliminary hearing laws also
empower the judge with the discretion to hold a
defendant to answer for uncharged offenses
when they are supported by the evidence.
• And likewise, as long as the judge "holds the
defendant to answer", the law allows the
prosecutor to file charges and enhancements in
the trial court that were not included in the
preliminary hearing complaint but that were
discovered during the prelim proceedings.
• EXAMPLE NEXT SLIDE
 THE JUDGE'S ABILITY TO REDUCE A
FELONY TO A MISDEMEANOR3
• Example: Tony is charged with Penal Code
246: Shooting at an Inhabited Dwelling. At the
preliminary hearing, evidence comes out that
Tony is a gang member and committed the
shooting to benefit the gang. Even though
Tony wasn't charged with the California street
gang enhancement, the judge binds him over
on both the shooting charge and the gang
enhancement, based on the evidence
discovered at the prelim.
 Miscellaneous Important Factors
• If...at the conclusion of the preliminary hearing...the court
holds you to answer for crimes that were not supported by
probable cause, you are entitled to seek a dismissal from
the trial court via a California Penal Code 995 PC motion to
dismiss.
• A California Penal Code 995 motion to dismiss is another
challenge to probable cause. In order to prevail on a 995
motion, the prosecutor must offer sufficient proof as to the
existence of each element of the allegation.
• If the prosecutor is unable to do this, the judge grants your
motion and dismisses some or all of the complaint against
you.
 California Penal Code 1538.5 PC
motion to suppress evidence
• Your California criminal defense attorney has the
option of requesting a Penal Code 1538.5 PC
"motion to suppress evidence" hearing at either
the prelim or in a trial court. You are only entitled
to raise one Penal Code 1538.5 motion during the
life of a criminal case, which means that when to
request it is a matter of strategy that must be
determined on a case-by-case basis.
• CONTINUED
 California Penal Code 1538.5 PC
motion to suppress evidence1
• A 1538.5 PC motion to suppress evidence is
exactly what it sounds like...a motion to
suppress any evidence that was obtained
pursuant to an illegal search and/or seizure. If
the court grants the motion and suppresses
the evidence, this often results in the charges
being reduced or dismissed altogether.
 PITCHESS MOTION
• One discovery motion that your California
defense lawyer may want to raise is a Pitchess
motion. If you believe that you were a victim of
police misconduct, a Pitchess motion is a request
to discover information concerning complaints
about the officer's prior use of excessive force or
bias.
• If such complaints exist, it may be possible to call
the complainants as witnesses and thus
undermine the officers' credibility.
 THE PRELIMINARY HEARING
• Probable Cause hearing to hold Defendant for trial
– Prosecution presents evidence / witnesses in support of criminal
complaint
– Defendant has opportunity to challenge legal basis for Detention /
Arrest
• Competency to stand trial
– Defendant may claim mental incompetence / insanity
– Court determines if Defendant has present ability to consult with
attorney/understand proceedings
END