CRJ101 Chapter 7

CRIMINAL JUSTICE IN ACTION
THE CORE
Ninth Edition
Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action: The Core, 9th Edition. © 2019 Cengage.
All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in
whole or in part.
Chapter 7
Courts and the Quest for Justice
© 2019 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly
accessible website, in whole or in part.
Learning Objectives
• LO1:Define and contrast the four functions of the courts.
• LO2: Define jurisdiction and contrast geographic and subject-matter jurisdiction.
• LO3: Explain the difference between trial and appellate courts.
• LO4: Outline the several levels of a typical state court system.
• LO5: Outline the federal court system.
• LO6: Explain briefly how a case is brought to the United States Supreme Court.
• LO7: Explain the difference between the selection of judges at the state level and at the
federal level.
• LO8: List the different names given to public prosecutors, and indicate the general
powers that they have.
• LO9: Explain why defense attorneys must often defend clients they know to be guilty.
Functions of the Courts
1.The Due Process Function

• Protect individual rights
2.The Crime Control Function
• Punishment and repression of criminal conduct
3.The Rehabilitation Function
• Provide treatment to offenders, when appropriate
4.The Bureaucratic Function
• Tasks associated with processing cases
The Basic Principles of the American Judicial
System
• Jurisdiction
• The authority of a court to hear and decide cases
• It is set by law
• Limited by territory and type of case
• Types
• Geographic
• Court’s authority within a geographic territory
• Concurrent jurisdiction
• International
• Court’s authority in each country
• Subject-Matter
• Can be general or limited
Trial and Appellate Courts
• Trial Courts
• Have original jurisdiction
• Are concerned with questions of fact
• Appellate Courts
• Courts that review decisions made by lower courts
• Concerned with questions of law
• Judges issue opinions
• Written statements expressing the reasons for the court’s decision
in a case
The Dual Court System (1 of 2)
• The dual court system is comprised of both federal and

state courts (separate and interrelated)
• Federal and state courts have limited jurisdiction
• Federal courts enforce federal statutes (4500 crimes)
• State courts enforce state statutes
• The distinction between the courts is not always clear

• Concurrent Jurisdiction
• For some cases, both courts have jurisdiction over the same
criminal behavior
The Dual Court System (2 of 2)
Discussion Question #1
• Criminal cases are usually heard by either a federal criminal

court or state criminal court. There are certain cases that can
result in a trial in both jurisdictions (federal and state). Imagine
you are a state prosecutor and you have the discretion to file
formal charges against a defendant in your state court who
was just found guilty and sentenced to forty years in a federal
court. Would you use your states limited resources to conduct
a lengthy criminal trial in your state if the defendant will be in
jail for effectively the rest of his life?
State Court Systems
• Typical System
• Lower Courts (local trial courts of limited jurisdiction)
• Includes magistrate courts
• Magistrates have limited judicial authority within a particular geographic area
• Problem-solving courts
• Have jurisdiction over one specific area of criminal activity such as drug court or
domestic court
• Trial courts of general jurisdiction
• Can be called county, district, circuit, superior depending on the jurisdiction
• Appellate courts
• About three-quarters of all states have intermediate appellate courts
• The state’s highest court
Federal Court System
• Three-Tiered Model
1. U.S. District Court
• Where most violations of federal law are first adjudicated
2. U.S. Court of Appeals
• Reviews cases for errors of law (not fact)
3. United States Supreme Court
• Court of last resort
Federal Circuit Courts of Appeals
United States Supreme Court (1 of 3)
• Makes policy in two ways:

1.Judicial review
2.Statutory Interpretation
• Jurisdiction of the Supreme Court
• Rare for a case to originate at the Supreme Court
• Mostly an appellate authority
• One chief justice and eight associate justices
• Which cases reach the Supreme Court?

• No right to appeal to the Supreme Court
• Thousands of cases are filed with the Supreme Court each
year
• When the Supreme Court agrees to hear a case, they issue
a writ of certiorari
• The Court will not issue a writ unless at least four of the
justices approve it
• Known as the “Rule of Four”
• Supreme Court Decisions

• Supreme Court does not hear evidence
• Rulings are based on written arguments (briefs)
• Attorneys can also present oral arguments
• Majorities and Pluralities
• When a decision is reached, one of the justices is tasked with writing the majority
opinion
• If the Chief Justice voted with the majority, he will assign the opinion to one of the
justices in the majority, otherwise the most senior justice will assign the opinion
writing
• When justices agree on the outcome but not the reasoning for it the justices vote
and the rationale that gains the most votes is the plurality opinion
• Concurrence and Dissent
Judges in the Court System
• Roles and Responsibilities of Trial Judges

• Before the Trial
• During the pretrial activities the judge takes on the role of negotiator
• Spends a lot of time working with the prosecutors and defense attorneys
• During the Trial
• When the trial starts the judge becomes the referee
• Responsible for ensuring the law is followed
• The judge also becomes a teacher, explaining points of law to the jury
• The Administrative Role
• Responsible for the day to day functioning of their courts
• Must keep the docket current
Selection of Judges
• In all federal courts judges are nominated by the president and

confirmed by Senate
• Selection of state court judges varies
• Appointment
• Election
• Partisan
• Nonpartisan
• Merit Selection
• The Missouri Plan
• All federal judges must be nominated by the President

of the United States and confirmed by the Senate. Once
a federal judge gets their position, they hold it for life.
The only way they leave the bench is if they retire or get
impeached. Discuss why the refusal to consider Merrick
Garland for the Supreme Court in 2016 undermined the
legitimacy of the judiciary and the balance of powers.
Diversity on the Bench
• There is a lack of diversity in American courtrooms when

it comes to judges
• Two-thirds of state appellate judges are white males
• Women and minorities notably absent
• Benefits of Judicial Diversity

• People tend to trust judges that resemble themselves
• Enriches judiciary by introducing a variety of voices and
perspectives into positions of power
The Courtroom Work Group (1 of 9)
• Cooperative unit, not combative

• Has its own subculture
• Most prominent members:
• Judge
• Prosecution
• Defense attorney
• Three other court participants:
• Bailiff
• Clerk of the court
• Court reporters
• The judge is the dominant figure of the work group and

exerts the most influence
• Laissez-faire judges allow more leeway to members of the
work group
• “Tight-ship” judges follow procedure and restrict the freedom of
attorneys to deviate from regulations
• Judges usually learn the facts of the case as they are
presented by the attorneys
• Prosecution
• Criminal cases are tried by public prosecutors, who are
employed by the government
• They act in the name of the “people”
• They are the most powerful actor in the administration of justice
• Duty of Fairness
• Brady Rule
• Not permitted to withhold evidence of innocence
• The prosecutor may be referred to as the following, depending on

the level of government and state:
• Federal Level (Attorney General)
• U.S. Attorney
• State Level
• State’s attorney
• State prosecutor
• District attorney
• County attorney
• City attorney
• Prosecutors have discretion when it comes to:

• 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
• In most jurisdictions, these decisions are unreviewable
• But can be influenced by community pressures
• The prosecutor as elected official
• Politics
• Pressures
• The prosecutor represents the government in their

pursuit of a conviction against a criminal defendant. The
defense attorney represents the individual being
charged with a crime. If you had to choose to become
either a prosecutor or a defense attorney in a criminal
courtroom, which would you choose and why?
• Defense Attorney
• Ensures that the government proves every point against their
client beyond a reasonable doubt
• Provides a counterweight against the state in our adversarial
system
• Every defendant is constitutionally entitled to a defense
attorney if facing imprisonment
• The Strickland standard allows defendant to prove prior
counsel was not sufficient
• Responsibilities of the Defense Attorney

• Investigate the incident for which the defendant was charged
• Communicate with the prosecutor, including negotiating plea bargains
• Prepare the case for trial
• Submit defense motions, including motions to suppress evidence
• Represent the defendant at trial
• Negotiate a sentence, if the client has been convicted
• Determine whether to appeal a guilty verdict
• Two types of defense attorneys:

1. Private Attorneys
• Hired by individuals
2. Public Defenders
• Work for the government
• 90% of all criminal defendants are provided counsel
• Every jurisdiction has different eligibility requirements for public counsel
• Conviction rates of defendants represented by publicly funded counsel
are similar to those represented by private counsel
• 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

• United States v. Zolin (1989)
• The Supreme Court ruled that lawyers may disclose the contents of a conversation
with a client if the client has provided information concerning a crime that has yet to
be committed
• If a client reveals a past crime, the privilege is still in effect

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CRIMINAL JUSTICE IN ACTION

Courts and the Quest for Justice

1.The Due Process Function

• The dual court system is comprised of both federal and

• The distinction between the courts is not always clear

• Criminal cases are usually heard by either a federal criminal

• Makes policy in two ways:

• Which cases reach the Supreme Court?

• Supreme Court Decisions

• Roles and Responsibilities of Trial Judges

• In all federal courts judges are nominated by the president and

• All federal judges must be nominated by the President

• There is a lack of diversity in American courtrooms when

• Benefits of Judicial Diversity

• Cooperative unit, not combative

• The judge is the dominant figure of the work group and

• The prosecutor may be referred to as the following, depending on

• Prosecutors have discretion when it comes to:

• The prosecutor represents the government in their

• Responsibilities of the Defense Attorney

• Two types of defense attorneys:

• Exceptions to Attorney–Client Privilege

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