Circle of Due Process
(Victim reports to the Police who investigate and seek warrants from Prosecutor who presents case to the Judge who oversees the process
and if guilty sentences them to the Correctional process
. Court Goals
Provide an open and impartial forum for seeking the truth, Provide fair hearing using regulated rules,
Insure the process takes place in an atmosphere of legal competence and objectivity, Provide a clear legal outcome.
Adversary System (demands truth determined)
Prosecution and Defense present the truth behind the facts and circumstances that support their side of the case. Judge makes decisions on facts concerning the
interruption of the law – case and Constitutional. Juries make decisions on facts based upon the instructions of the judge concerning the laws governing the case -
State Court Systems
try cases that are against the laws of that state. Their jurisdiction is over state legal issues.
Michigan’s Court Structure
judges), Appellate (28 judges), Circuit(Handles felony cases, major civil suits and “family” issues in those jurisdictions where there is no Probate Court),
District(misdemeanors, traffic, minor civil suits)
Judiciary Act of 1789-
Created the Federal Court system, Early justices rode “circuit” .Created Office of the United States
Attorney, Appointed by the President, Serve a judicial district.
Federal Court System
try cases that are against the laws of the United States. Their jurisdiction is over
federal legal issues
(Handles important constitutional questions, Conflicts among the U.S. Circuit courts, Handles conflicts between states, 9 judges,
Supreme law of the land – stated so on February 24, 1803), Fed Appellate/ Circuit
(12 +1 for US Gov Defense, in D.C.),
(94- 2 in Michigan, Felonies, Civil cases,
change of “venue” moves a case into another geographic region. Subject Matter , 1) Civil v Criminal, 2.) Trial v Appellate,
Something other than geography determines jurisdiction .
Ensures that the “Rules of Law” and Due Process are exercised during all court
: Presents the case against the defendant – acts as the “peoples” attorney, Defense Counsel:
Represents and protects the Constitutional rights of
the accused – defendant.
Role of Trial Court Judge
Both District and Circuit Court judges are considered trial court judges ,Pre-Arrest
: May authorize search and/or arrest
warrants (IV Amendment), Initial Appearance/Arraignment:
Inform arrestee of the changes, Sets bail
, assign counsel if necessary
(VI and VIII Amendments), Preliminary
: Decide if there is Probable Cause (VI and V Amendments). Plea Bargain
If the defendant wishes to plea to the offense (V and VI Amendments), Pretrial
: Rule on motions made by either the defense or the prosecutor, Trial:
Officiate over all aspects of the trial (IV, V and VI Amendments), Sentencing