Crim Exam 3 Study Guide

Crim Exam 3 Study Guide - Chapter 10 - The Structure of the...

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Chapter 10 - The Structure of the Courts Dual Court system - evolved throughout America after the signing of the Declaration of Independence- at the state and federal levels; two completely different sets of judges, attorneys, courts etc. Federal Court System - has jurisdiction over federal crimes; three levels of courts State Court System - has jurisdiction over state crimes; four levels of courts State Courts State Court Infrastrucutre - no two state court systems are alike and the names of the various courts vary widely regardless of their functions. Four Tier Court System Courts of Last Resort - (Supreme court, Supreme court of appeals, Supreme judicial court) at the uppermost level, occupying the highest rung of the judicial ladder; these are the appeals courts. Intermediate Appellate Courts -(Appeals court, Superior court, Court of criminal appeals) these courts have been structured to relieve the caseload burden on the highest courts; do not try a case; an appeal is based on some contention of law and many times more than one judge reviews a case; can only appeal if you are found guilty and you appeal. Major Trial Courts - (Circuit court, District court, Superior court) the courts of general jurisdiction, where felong cases are heard; general authority to conduct trial and pretrial actitivites in all criminal cases; courts of record; hear appeals form lower courts in the form of ‘trial de novo’. Lower of Inferior Courts - (Magistrates court, Justice of the Peace court, Municipal court, County court) often referred to as inferior, misdemeanor, minor, or courts of limited jurisdiction, exist in numerous combinations in every state; courts are limited in what they can do; they hear minor cases and conduct some pretrial activities; this level doesn’t take records. Levels of Jurisdiction in State Courts Jurisdiction - varies by geography, subject matter, and hierarchy. Courts of Appellate Jurisdiction - the appeals courts, are limited in their jurisdiction to matters o appeal from lower courts and trial courts. Cours of General/Original Jurisdiction - the major trial courts, have the power and authority to try and deicde any case, including appeals form a lower court. Courts of Limited Jurisdiction -the lower courts, do not have power that extend to overall administration of justice; they don’t not try felony cases, and they do not possess appellate authority. State Court Structure Courts of Limited Jurisdiction ( lower courts)- courts of limited jurisdiction are the entry point for criminal judicial processing; they handle minor criminal offenses (prostitution, drunkenness, disorderly conduct etc.); they hear most civil cases and conduct inquests; lower courts have the authority to hold initial appearances and preliminary hearings for defendants charged with felonies and make bail decisions; in matters involving minor violations, the lower court conducts all aspects of the judicial process, form initial appearance to sentencing; ultimately deal with 90% of
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Crim Exam 3 Study Guide - Chapter 10 - The Structure of the...

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