Mainstream and Crosscurrents, Second Edition Chapter 8 History and Organization of Courts.

Mainstream and Crosscurrents, Second Edition

Chapter 8Chapter 8

History and OrganizationHistory and Organization

of Courtsof Courts

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.2

Concerns of the court

The US criminal court system is an adversarial process.

Outsiders have difficulty understanding what is happening in the court.



CrossCurrents

Notes of a truTV junkie

Do you watch television court and crime shows? Do you believe they are realistic? Why or why not?

Are reality court and crime television shows educational or are they pure entertainment?



Courts in history

The blood feud Courts in England Trial by compurgation Trial by ordeal Trial by battle



Courts in history

The blood feud

The blood feud is based on vengeance.

In some societies, a payment could be made to the victim’s family in lieu of violence.



Courts in history

Courts in England

The court did more than resolve conflicts and were convened for special occasions.

The lines between civil and criminal cases were not established.

Provided revenues for the king and nobles.

Crimes were redefined as offenses against the state.



Courts in history

Trial by compurgation

Compurgation—The practice of taking an oath of truth

The value of the oath was tied to the value of the oath-taker’s life.



Courts in history

Trial by ordeal

Trial by cold water Trial by hot water Trial by hot iron or

fire



Courts in history

Trial by ordeal

Depended on divine intervention to demonstrate the innocence of the accused.



Courts in history

Trial by battle

Originally used by knights to solve disputes.

Litigants could select someone else to fight for them.



Development of the Jury

The inquest can be considered to be the first type of jury.



Grand jury Jury trial Magna Carta Court of the Star Chamber

Development of the Jury



Development of the jury

Grand jury

The Assize of Clarendon established the beginnings of the grand jury system.

Modern grand juries are primarily a check on the prosecutor.

Determines whether the evidence is strong enough to charge the accused.




Jury trial

The church stopped supporting trial by ordeal.

Originally, the jury and the grand jury comprised the same members.

Evolved into a check on the state’s power to prosecute citizens.




Magna Carta

Signed by King John in 1215.

Limited the king’s power and recognized nobles’ rights.




Court of the Star Chamber

Established to deal with offenses such as riots, unlawful assembly, perjury, criminal libel, and conspiracy.

Noted for its abuses

Abolished in 1641



Courts in Colonial America

Colonial courts developed in response to the local concerns of each colony.



Slavery and the law Our heritage of due process





Slavery and the law

The early adoption of slavery caused problems for the justice system.

An alternative system of laws was created to control slaves.



Courts in colonial America

Our heritage of due process

One of the enduring consequences of independence from England is the documents that were created to specify the relationship between the people and the state.

The Constitution

The Bill of Rights



Changing nature of the court

Marbury v. Madison McCulloch v. Maryland Supremacy Clause Reconstruction and expansion of federal

authority Business, unions, and civil liberties Plessy v. Ferguson The Warren Court




Marbury v. Madison

Established the judiciary as equal to the executive and legislative branches of government.




McCulloch v. Maryland

Established that the court could find that the Constitution included implied powers that could be deduced from its nature and language.




Supremacy Clause

The US Supreme Court established its power as the "final word" on all cases and became "the court of last resort."




Reconstruction and the expansion of federal authority

The social and political issues of various places and decades influenced how courts ruled.




Business, unions, & civil liberties

The courts used the Fourteenth Amendment to protect the interests of business.




Plessy v. Ferguson

The 1896 Court mandated that "separate but equal" was reasonable.




The Warren Court

Expanded the rights of due process and earned a reputation for championing the causes of society's peoples.



Organization of the courts

The difference between civil courts and criminal courts lies in the types of law they deal with …




Criminal law concerns the major violations against society and violations are punishable by prison.

Civil law governs private issues. Violations are not punishable by prison.




Nature of jurisdiction Structure of the federal courts State courts




Nature of jurisdiction

Subject matter jurisdiction

Geographic jurisdiction

Hierarchical jurisdiction




Subject matter jurisdiction

The nature of the case can determine which court will have jurisdiction.




Geographic jurisdiction

The political boundaries of cities, counties, and states can determine the geographic jurisdiction of a court.




Hierarchical jurisdiction

Trial courts hear the facts of the case.

Appellate courts review the work of the trial court judge.




Structure of the federal courts

Four levels of federal courts... Magistrate courts US district courts US circuit courts of appeal US Supreme Court

There are also specialized federal courts.

Federal court jurisdictions







Suits involving the government

Suits between two more more states

Suits involving public ministers

Suits involving laws passed by Congress, treaties, and maritime laws

Federal courts hear the following types of cases …




US magistrate courts

The lowest level of the federal court system, magistrate courts operate as courts of limited jurisdiction.




US district courts

Try felony cases involving federal laws and civil cases in which the amount of money in controversy exceeds $75,000.




US district courts

Handle bankruptcy cases, felony cases involving federal laws and civil cases in which the amount of money in controversy exceeds $75,000.




US courts of appeals

Serve as intermediate courts of appeals and dispose of many before they reach the Supreme Court.




US Supreme Court

The court of last resort hears only about 80 cases a year, all of which must involve a "substantial federal question."




Specialized federal courts

Handle primarily civil cases, monetary claims against the federal government, and certain criminal cases.




State courts

Juvenile courts

State trial courts

State intermediate courts of appeals

State supreme courts



CrossCurrents Organization of the Courts

California rules

The nation’s courts follow California, at least according to a recent study by two legal experts.

California has 1260 followed decisions.

Study: One reason is the size and diversity of its population, culture, and economy.



State courts

Juvenile courts

Unlike adult courts, juvenile courts follow civil law because the primary goal of juvenile courts is rehabilitation not punishment.



State courts

State trial courts

Lower courts handle mostly traffic cases, misdemeanors, small claims, and the preliminary stages of felony cases.

Major trial courts hear most of the serious street-crime cases.



State courts

State intermediate courts of appeals

Usually the decision at the intermediate court of appeal level will be the final decision.



State courts

State supreme courts

These courts are the court of last resort for all but a very few cases that bear issues of constitutional or federal law.



Each state has its own jurisdictional pattern to allow municipalities, counties, and neighborhoods to structure their legal systems in a way that best responds to citizens. Drug courts Conflict resolution programs Family courts Magistrate courts

State courts

Local courts and community courts



Drug courts allow the criminal justice system to accomplish several goals.

Offenders can be treated more consistently.

Drug-court personnel are more aware of community treatment options.

It is less expensive and more efficient.

State courts

Drug courts



Many low-level offenses can be more efficiently dealt with by allowing offenders and victims to work out their disputes between themselves.

State courts

Conflict resolution programs



State courts

Family courts Family courts may be incorporated into the

juvenile court.

Court personnel can be more specialized in their knowledge of family dynamics and resources available to solve family problems.



State courts

Magistrate courts Handle a number of minor offenses and

preliminary court proceedings, including some pretrial intervention programs and bail.

Gatekeeper function: Diverts some minor cases to alternative treatment programs



QuestionsQuestions

What served as the foundation for US courts?

Name the three types of court jurisdiction.

What do local and community courts do?

Mainstream and Crosscurrents, Second Edition Chapter 8 History and Organization of Courts.

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Transcript of Mainstream and Crosscurrents, Second Edition Chapter 8 History and Organization of Courts.