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Courts and Criminal Justice in America
CHAPTER
Courts and Criminal Justice in America, 2nd EditionSiegel | Schmalleger | Worrall
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Who Controls the Courts?
2
Copyright © 2015 by Pearson Education, Inc.All Rights Reserved
Courts and Criminal Justice in America, 2nd EditionSiegel | Schmalleger | Worrall
Legislative Control• Congress has the power to create
courts and define jurisdiction Assigns judgeships, sets judicial salaries,
and confirms prospective judges Direct control – constitutionally
authorized Indirect control – e.g. confirming
judicial appointees, setting judiciary’s budget
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Courts and Criminal Justice in America, 2nd EditionSiegel | Schmalleger | Worrall
Legislative Control• Jurisdiction
Jurisdiction: the power of a court to resolve a dispute (direct control• Geographical jurisdiction• Subject matter jurisdiction• Hierarchical jurisdiction• Original jurisdiction• Appellate jurisdiction
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Courts and Criminal Justice in America, 2nd EditionSiegel | Schmalleger | Worrall
Legislative Control
• Federal Jurisdiction: The U.S. Supreme Court has original jurisdiction Federal question jurisdiction• Revisit Tennessee v. Garner
Diversity jurisdiction• e.g. Texas company sues Mexican company
Supplemental jurisdiction• In conjunction with federal question jurisdiction
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Courts and Criminal Justice in America, 2nd EditionSiegel | Schmalleger | Worrall
Legislative Control
• State Jurisdiction: Original or appellate jurisdiction Cannot hear cases that fall under
federal jurisdiction as previously defined Generally deal with criminal or civil
lawsuits Can have geographic jurisdiction,
subject matter jurisdiction, limited jurisdiction
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Courts and Criminal Justice in America, 2nd EditionSiegel | Schmalleger | Worrall
Legislative Control
• Direct Controls Legislative bodies can• Create courts• Set rules• Limit Jurisdiction
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Legislative Control
• Indirect Controls Confirmations – Federal level• Presidential nomination• Senate Majority• Increased politicization of the process
Budgeting – Federal level• Congress sets budget, appropriates funds
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Executive Control
• Appointments The President appoints federal judges
• Executive Participation in the Courts Activities of the Department of Justice U.S. Marshal and protection of federal
courthouses and judges Adjudication of administrative law
disputes
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Control from Above
• Jurisdictional Authority The authority of higher courts to issue
decisions that are binding on the lower courts within their jurisdiction.• e.g. an appellate court may reverse a
lower court’s decision Lower courts have developed creative
methods of adapting to higher court decisions
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Control from Above
• Rule-Setting Every court is part of an
administrative structure• Trial courts fall under the state administrative
office of the courts• State administrative agencies set various rules
and guidelines the lower courts must follow• Same process at the federal level with the
Administrative Office of the U.S. courts
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Control from Above
• Interpreting Higher Court Decisions Judges have enormous discretion• Federal judges are protected by lifetime
employment• State judges enjoy protection if the
electorate is satisfied• Results in judges taking liberty in
interpreting and applying higher court decision
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Control from Above
• The Importance of Interpretation Brown v. Board of Education• “all deliberate speed” • “prompt and reasonable start toward full
compliance with the ruling” Katz v. United States and Horton v.
Goose Creek Independence School District• “reasonable expectation of privacy”
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Control from Above
• Methods of Dealing with Higher Court Decisions Lower court resistance to higher court
decisions generally comes in two forms:• Ignoring the higher court’s decision
altogether• Implementing a higher court’s decision
“sparingly”
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Control from the People
• Features of Democracy Supreme authority in the people through
feely elected representatives Equality of rights and privileges Open government Due process protections
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Control from the People
• People Seek to Control Through Voter behavior Public participation Interest group formation
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Control from the People
• Voting Elections can be a powerful tool to exert
a measure of popular control over the courts• Election of judges – direct• Election of executives who select judges
to serve on higher courts – indirect
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Control from the People Election of Judges• State level; most often for lower courts• Do elected judges behave differently
when they are elected versus appointed?
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Control from the People• Executive Elections
Gives voters indirect influence over the judiciary• A Republican or Democratic President will likely
appoint federal judiciary who share similar views to their own• No guarantee that executives will appoint
judges who share the voter’s belief No way to predict the judge’s behavior
after appointment• e.g. Earl Warren and David Souter
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Control from the People
• Public Participation Helps ensure judiciaries do not become
excessively powerful The Sixth Amendment requires trials to
be open to the public• Promotes transparency and openness• Technological era allows even easier
access
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Control from the People
• Interest Groups Can have considerable influence
throughout government• Their mission is to influence political
decisions and policy• Monetary contribution, wining and dining
legislators, sharing information and providing services to their members• e.g. the National Rifle Association and
Victims’ advocacy groups
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Control from the People
American Bar Association American Civil Liberties
Union American Correctional
Association American Council for
Drug Education American Society for
Industrial Security Brady Center to Prevent
Gun Violence
Children’s Defense Fund
Drug Policy Alliance Families against
Mandatory Minimums International
Association of Chiefs of Police
Law Enforcement against Prohibition
Mothers against Drunk Driving
• Interest Groups are Active in Criminal Justice as Well
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Control from the People
• Amicus Curiae Briefs “friend of the court”• A written document that seeks to persuade a
court to decide in a particular way Commonly filed on behalf of various
interest groups• Easiest way for interest groups to get involved in
cases• No guarantee a judge will agree; but have
proven to be successful
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Control from the Legal Profession• Professional Associations
American Bar Association Approximately 400,000 members
(roughly half the attorneys in the U.S. law school accreditation professional training for attorneys legal information initiatives to improve the legal system programs to assist lawyers and judges
with their work
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Control from the Legal Profession American Bar Association
Also an interest group The Standing Committee on the Federal
Judiciary
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Control from the Legal Profession State Bar Association
Tests aspiring lawyers with “bar exams” Provides training, information and policy
recommendations Supplies evaluations of judicial
candidates to assist governors Sponsor legislation and review bills
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Control from the Legal Profession• Think Tanks
National Center for State Courts• Research Division identifies trends and
recent developments; researches effective practices• Offers recommendations and “best
practices” Center for Court Innovation• Non-profit think tank that sparks
problem-solving innovation locally and nationally
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Control from Within• Judicial Restraint and Activism
Judges bring emotional baggage, political beliefs, agendas and biases to the bench
Judicial restraint is the philosophy of limiting decision to the facts of each case• Judges will often try to interpret the
Constitution or defer to precedent
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Control from Within Judicial activism is when judges avoid
precedent and make decisions with sweeping implications for the future• Kyllo v United States