test 3 - Chapter 9 Dual Court System *Federal Courts deal...

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Chapter 9 Dual Court System *Federal Courts deal with federal law *State Courts deal with state law *Native American tribal courts make up a 3 rd system in some states State Court Structure *1 court of last resort *intermediate appellate courts *trial courts *general jurisdiction *limited jurisdiction *some specialty courts *law defines jurisdiction of each *Trial Courts *handle determinations of guilt and sentencing *trial courts of limited jurisdiction *handle 90% of all criminal cases *misdemeanors *preliminary matters in felony cases *relatively informal *trial courts of general jurisdiction *felony cases *courts of record *State Appellate Courts *rights of appeal determined by law *review of previous trial for procedural errors *possible outcomes: 1. order a new trial 2. allow defendant to go free 3. uphold original verdict *State Court of Last Resort *highest state court *usually called the “State Supreme Court” *reviews issues of law appealed from the trial courts *Specialty Courts *focus on a particular kind of case *specialization can be based on different criteria *alleged perpetrator (juvenile court) *type of crime (drug court) *factors associated with the crime (gun court) Federal Court Structure *the US Supreme Court *the US Courts of Appeal *the US District Court
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*each state has at least one federal district *94 districts throughout the US *primary trial court of the US system *Federal Court Structure: Court of Appeals *also called Circuit Courts because the jurisdiction covers a large geographical area *usually located in major cities *reviews decisions of lower courts *cases involve constitutional issues *The US Supreme Court *high court in the land; Court of Last Resort *decisions set precedents *allowed to choose the cases it hears *9 justices (1 chief justice, 8 associate justices) *full court hears about 100 cases/year *4 justices must vote to hear a case (Rule of 4) *majority, minority, and dissenting opinions Effective Management of State Courts *effective state court management of huge caseloads is problematic: *fragmented structure *inadequate resources *uneven quality of judges *a proposed solution is a unified court system with 4 goals: 1. eliminate overlapping and conflicting jurisdictional boundaries 2. create hierarchical and centralized court structure 3. courts funded by state government 4. separate civil service personnel system Functions of a Judge *Adjudicator: must assume a neutral stance in overseeing the contest between the 2 sides, cannot appear bias, must apply the law to protect the rights of the accused *Negotiator: sometimes encourages the parties to work out a guilty plea or agree to proceed in a certain way *Administrator: manage the courthouses *4 th role emerging: Problem solvers: seek to address the problems of people arrested for drugs and other charges rather than send them to jail/prison Duties of the Judiciary *oversee conduct in court
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This note was uploaded on 04/15/2008 for the course CRJ 1113 taught by Professor Byrd during the Spring '08 term at The University of Texas at San Antonio- San Antonio.

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test 3 - Chapter 9 Dual Court System *Federal Courts deal...

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