Unit 2: Criminal Justice Foundations

The Law and the Courts

State Courts

There are two court systems in America today; the state courts and the federal courts. We will begin first by looking at the state courts.

Trial courts are where criminal cases begin. The trial court conducts arraignments, sets bail, takes pleas, and conducts trials. If the defendant is found guilty the trial court imposes sentence. Lower courts, sometimes called district courts, are authorized to hear only less serious criminal cases, usually misdemeanors or traffic violations. Lower courts, however, may sometimes hear more serious cases, not to determine guilt or innocence but to determine if there is enough evidence to find probable cause for a case to be sent to a higher court for a trial. This same function of determining probable cause may also be done by a grand jury.

Higher courts, called circuit courts or superior courts, are authorized to hear all criminal cases. They also act as courts of appeal for minor violations heard in the lower courts. It is in the superior courts that we see juries, prosecutors, defense attorneys, witnesses, the judge, and a clerk of court. Where there is both a judge and a jury, the jury decides the facts of the case (such as whether to believe a witness or not) and the judge decides the law (whether certain evidence is admissible or not).

In the state system there are also intermediate appellate courts and a higher-level appellate court usually called the state supreme court. While the superior conducts a full trial where a judge and possibly a jury hear witnesses and review evidence from the prosecution and the defense, appellate courts do not conduct trails but rather review the procedures in the lower court. They determine if the procedures in the lower court were conducted fairly and in accordance with the state’s laws.

Cases may be appealed from the state court system to the U.S. Supreme Court but only ifit is based on claimed violations of the defendant’s rights under federal law or the U.S. Constitution. F or example, if a defendant found guilty of possession of narcotics felt that his Fourth Amendment constitutional right against unreasonable searches and seizures was violated by the police, he might appeal the issue all the way to the U.S. Supreme Court.

Federal Courts

Federal courts are created by the constitution and are organized similar to most state court systems. There are district courts, circuit courts of appeals, and the Supreme Court.

The district courts are the trial courts and there is at least one in each state; but some of the larger states have more than one. Altogether, there are ninety-four district courts staffed by 649 district court judges, who are appointed by the president, confirmed by the Senate, and serve for life. District court judges may appoint magistrates who are empowered to hear minor offenses, and to conduct the preliminary stages offelony cases. It is the district courts that are the trial courts for all violations of the federal criminal law not heard by the US. magistrates.

The US. courts of appeals are the intermediate appellate courts of the federal system. These courts review the final decisions of the district courts and normally consist of three-judge panels.

The US. Supreme Court is the highest court in the nation. It is composed of nine justices who are also appointed by the president, confirmed by the Senate, and serve for life. The Court hears appeals from both the US. courts of appeals and state supreme courts. However, the US. Supreme Court is not required to hear all cases. A case will only beconsidered and placed on the docket if four justices vote to hear the case.