Mallicoat crime and criminal justice 2e sage

Mallicoat, Crime and Criminal Justice, 2e . © SAGE Publications, Inc.
2020.

46
Structure of the Courts: The State
Court System
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The State Court System:
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State Appellate Courts
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Appellate level is divided into intermediate courts of appeals and
court of last resort for majority of states
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Appeals by right--involve cases where appellate court must hear
•
Majority involve appeals by right cases
•
Appeals by permission--involve reviews of lower decisions that
the court may choose to accept
•
Generally involved in the courts of last resort
Mallicoat, Crime and Criminal Justice, 2e . © SAGE Publications, Inc.
2020.

47
Structure of the Courts: The State
Court System
•
The State Court System:
•
State Appellate Courts
•
Criminal cases make up majority of all cases heard in both
intermediate courts of appeals and courts of last resort
•
Will also hear cases where the death penalty was imposed
•
Will also hear cases where they hold original jurisdiction
Mallicoat, Crime and Criminal Justice, 2e . © SAGE Publications, Inc.
2020.

48
Courtroom Participants and Their
Duties: Introduction
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Introduction:
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Several players in a courtroom who work together
to hear cases and make decisions
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Courtroom workgroup is made up of the judge, the
prosecutor, and the defense attorney
•
These three individual make up the primary members of
the group
Mallicoat, Crime and Criminal Justice, 2e . © SAGE Publications, Inc.
2020.

49
Courtroom Participants and Their Duties:
Ancillary Members
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Ancillary Members:
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Three members
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Bailiff--provides security for the courtroom, escorts the
defendant in and out of the courtroom, and provides assistance
to members of the jury.
•
Clerk of the court--manages all of the paperwork for the
courtroom and works closely with the judge
•
Court reporter--prepares the transcript of the trial and other
official hearings
Mallicoat, Crime and Criminal Justice, 2e . © SAGE Publications, Inc.
2020.

50
Courtroom Participants and Their
Duties: Judges
•
Judges:
•
Presides over the courtroom
•
Primary decision maker
•
Makes decisions by applying the law
•
Decides whether probable cause exists in a case
Mallicoat, Crime and Criminal Justice, 2e . © SAGE Publications, Inc.
2020.

51
Courtroom Participants and Their
Duties: Judges
•
Judges:
•
Determines bail for accused
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Determines rules on pretrial motions
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Ensure that the rights of the defendant are upheld
•
Provides instructions to jury and answers questions
about the law
•
Determines guilty or not guilty and hands down
sentence in absence of jury
Mallicoat, Crime and Criminal Justice, 2e . © SAGE Publications, Inc.
2020.

52
Courtroom Participants and Their
Duties: Prosecutors
•
Prosecutors:
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Tasked with bringing the case to the court
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Represent the state in criminal cases
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Generally, the lead prosecutor is an elected official
•
Considers the needs of many individuals when
determining how to proceed in a case
Mallicoat, Crime and Criminal Justice, 2e . © SAGE Publications, Inc.
2020.

53
Courtroom Participants and Their Duties:
Defense Attorneys
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Defense Attorneys:
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Represent those who have been accused of a crime
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Sixth Amendment--states that persons who have