Lecture 23-The Dual Court System

Lecture 23-The Dual Court System - The Dual Court System...

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Unformatted text preview: The Dual Court System Federal and State Court Systems The Dual Court System The dualcourt system is the result of a general agreement among the nation's founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from Federal control. The Dual Court System Jurisdiction Geographic Original Jurisdiction: The lawful authority of a court to hear a case within a specific geographic area and which involves a particular type(s) of crime Appellate Jurisdiction: The lawful authority of a court to review a decision made by a lower court. The Dual Court System A typical state court system: State Supreme Court Intermediate Courts of Appeal Trial Courts of General Jurisdiction Limited Jurisdiction Courts The Dual Court System Limited Jurisdiction Courts (state level) Also called lower courts Trial courts for misdemeanor offenses Courts come by many titles: Justice of the Peace Courts District (or County) Courts Municipal (City) Courts Traffic Courts...Drug Courts...Specialty Courts The Dual Court System Limited Jurisdiction Courts As a trial court Rarely hold jury trials A detailed record of proceedings are not maintained: charge, plea, findings, and sentence The Dual Court System Limited Jurisdiction Courts Limited in sentences imposed Usually fine or probation Incarceration of up to one year in jail The Dual Court System Trial Courts of General Jurisdiction Also called high courts or circuit courts or superior courts Authorized to hear (trials) any case...but tend to focus on the more serious offenses (felonies) Sentences may include fines, probation, incarceration in jail or prison and capital punishment The Dual Court System Trial Courts of General Jurisdiction Trial de novo new trial because... Are trial courts and many (about 75% of them) serve as appellate courts The Dual Court System Intermediate Courts of Appeal Most states have these (39/50) They serve as a buffer to the state supreme court Appeals consist of a review of the court transcripts (court records)...do not conduct a new trial The Dual Court System Intermediate Courts of Appeal Review transcripts to ascertain whether the court proceedings were carried out fairly and according to state law. ...usually allow attorneys for both sides (appellant--initiating the appeal; appellee --opposing the appeal) to offer oral argument and submission of other information The Dual Court System Intermediate Courts of Appeal Most appeals are affirmed Occasionally, decisions are reversed...new trial, new sentence...and the state usually has the right to appeal the decision The Dual Court System State Supreme Court States with intermediate courts of appeal have discretionary appellate jurisdiction... Those without it do not... Most appeals for capital cases are automatic and go directly to the state supreme court ...may appeal to the US Supreme Court The Dual Court System Process for cases to follow: State Supreme Court Intermediate Courts of Appeal Trial Courts of General Jurisdiction Limited Jurisdiction Courts The Dual Court System The Federal Court System A threetiered system consisting of District Courts, US (Circuit) Courts of Appeal, and the US Supreme Court The Dual Court System US Supreme Court US Courts of Appeal US District Court The Dual Court System On page 327 of your textbook, the Federal Court System is portrayed as a more complex process that the previous slide...and it is more complex...the focus here is primarily on how most "criminal" cases progress through the system...we will touch upon the other courts (on page 327). The Dual Court System US District Courts Federal Trial Courts 94 Dstricts The Dual Court System US (Circuit) Courts of Appeal The 94 Districts are organized into 12 regional circuits Hear cases on appeal from District Courts http://www.uscourts.gov/index.html The Dual Court System US Supreme Court The last court of last resort Greatest authority lies in judicial review... are laws and lower court decisions keeping with the intent of the Constitution? The Dual Court System Process US Supreme Court US Courts of Appeal US District Courts ...
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