Test 2 day 4 - Advanced Principles—CCJ 3024 Day 13(Week...

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Advanced Principles—CCJ 3024 Day 13 (Week 7)— Courts: Structure & People Dr. Jodi Lane Fall 2016 October 4, Thursday
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PURPOSES AND STRUCTURE OF THE COURTS
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Courts Involved in Major Decisions in the Criminal Justice System Eyewitness identifications Bail Trial Plea negotiations Sentencing
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Purposes of the Courts: Ted Rubin (Private Consultant to Courts) Do Justice But depends on perspective Appear to do justice by providing due process of law Procedures followed by courts to ensure constitutional rights are not violated Provide a forum where disputes can be resolved justly and peacefully B&H
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Purposes of the Courts (continued) Censure wrongdoing Condemn or blame people for violating the law Achieve incapacitation, punishment, rehabilitation and general deterrence Determine legal status e.g., marriage, divorce, parenting Protect individuals from arbitrary government action B&H
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US Has Dual Court System State and local courts Federal courts
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Different Types of Jurisdiction Original Jurisdiction = The authority to hear a case when it is first brought to court Appellate jurisdiction = The power of a court to review a case for error of law (or procedure) General jurisdiction = The power to hear any type of case B&H
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Different Types of Jurisdiction Special jurisdiction = Power to hear only certain types of cases (e.g., traffic) Subject Matter jurisdiction = power to hear a particular type of case Personal Jurisdiction = a court’s authority over the parties to a lawsuit
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All States Have their Own Court Systems Have as many as they want Name them what they want Deal with almost all types of cases Only limited by US Constitution, State Constitutions, and State Law Each state’s system is a little different B&H
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Generally 4 Levels of State Courts Trial courts of limited jurisdiction Trial courts of general jurisdiction Intermediate appellate courts State courts of last resort B&H
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Trial Courts of Limited Jurisdiction About 13,000 Often called “ inferior courts ” or “ lower courts Depending on place, can be City, municipal, county, circuit, justice of the peace, district or magistrate courts Called “ county courts ” in Florida, judge must be a member of the bar (an attorney) Deal with traffic, citizen disputes, some misdemeanors, civil disputes < $ 15,000 In some places, judges not required to have legal training in these courts B&H; http://www.flcourts.org/courts/county/county_description.shtml
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Trial Courts of Limited Jurisdiction Deal with minor cases Ordinance, traffic, some misdemeanors, often civil cases less than $1000 Can conduct “ summary ” or “ bench ” trials (no jury) Most states--not courts of record (no transcripts) Appeal from this court requires “ trial de novo ”--meaning must be reheard by court of general jurisdiction Also often hear formal charges against felony cases, set bail, appoint counsel for indigent defendants, etc.
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