Criminal Justice System and the Courts
Key Points
I. Key Terms
A. Civil Law – the body of law that defines private rights and remedies to govern conflicts between private individuals or entities
B. Criminal Law – the body of law that defines crimes and punishments through rules, regulations, and statutes; what is prohibited by the government because it threatens public safety
and welfare
C. Marbury v. Madison – an 1803 case that established the power of judicial review by the US Supreme Court; the power was later extended to the federal courts
D. Circuit Riders – Judges who rode from place to place in many different locations of states or federal territories to hold trials on a regular basis, once a month or once every few months
II. History of the federal court system
A. Article III of the US Constitution established a federal court system
B. Congress created Article III on Sept. 24, 1789
C. Congress passed the Judiciary Act of 1789, which established
13 courts, one for each of the original states
D. Since 1789 there have been numerous Judiciary Acts passed
that continue to define the American Court System
E. The Supreme Court originally had 6 justices
F. Originally, there were only three circuit courts with judges being
“circuit riders”
III. Structure of the federal court system
A. The structure of the federal court system begins with the
magistrate courts and ends with the Supreme Court:
1. Supreme Court
2. Appellate Courts
3. Trial Courts
4. Magistrate Courts
B. Magistrate Courts
1. Created by the Federal Magistrate’s Act of 1968
2. Magistrates are appointed by a district court judge
a) Full-time magistrates are appointed to an 8-year term
b) Part-time magistrates are appointed to a 4-year term
C. Trial Courts
1. Are also known as US district courts
2. There are 94 US district courts covering the US and its territories
3. The judges are appointed by the US President
a) Serve a life term
b) Consent from Congress is required
D. Court of Appeals
1. Are also known as Appeals Court, Appellate Court, and Circuit Courts
2. There are 12 US Regional Circuit Courts of Appeal and one
US Court of Appeals for the Federal Circuit and
approximately 165 federal courts of appeals judges
3. The court does not conduct a jury trial but is made up of a
panel of judges, usually three
4. The judges are appointed by the US President
a) Confirmed by the Senate
b) Serve a lifetime appointment
E. US Supreme Court
1. Is the highest court in the US
2. Consists of nine justices
3. A decision of the Supreme Court is final and cannot be
overruled
4. The judges are nominated and appointed by the US
President
a) Confirmed by Senate
b) Serve a lifetime appointment
IV. Function of the federal court system (Criminal Law)
A. Magistrate Courts
1. Assist the US district courts
2. May conduct trials in misdemeanors and petty offenses,
along with performing in felony cases pretrial duties, such as
preliminary hearings, pretrial motions, and conferences
B. US District Courts
1. Conduct trials in which there have been violations of federal
criminal laws
2. Conduct arraignments, pleas, and felony trials
C. Court of Appeals
1. The appellate courts hear appeals from the US district courts
2. Defendants can appeal their cases based on a claim that
they were denied a fair trial or the law they were convicted
under was unconstitutional
3. The court must determine:
a) If the district judge made a judicial error
b) If the error could have substantially affected the court’s
decision
c) If the answer is “no” to both questions, the appeal is
dismissed
d) If the answer is “yes” to one of the above questions, the
court will review the appeal and issue a ruling
D. US Supreme Court
1. As a general rule, agrees to decide on cases where there is a
difference of opinion among the courts of appeals, or where
there is an important constitutional question or issue of
federal law that needs to be clarified
2. Decides which cases it will hear
3. Is the legal mediator for lawsuits between states, and
between the US and foreign countries
4. Is the final authority for legal opinions binding on the federal
government
5. Must review cases when
a) A federal court has held an act of Congress to be
unconstitutional
b) A US court of appeals has found a state statute to be
unconstitutional
c) A state’s highest court of appeals has ruled a federal law
to be unconstitutional
d) An individual’s challenge to a state statute on federal
constitutional grounds is upheld by a state’s highest court
of appeals
6. Once the court makes a ruling, the lower courts, including
state courts, have to fall in line with that ruling
V. History of the state court system
A. The Texas Supreme Court was established in 1836 after the
Texas Revolution
B. In 1845 the Supreme Court was restructured, and in 1850 the
offices of the Supreme Court were filled by elections
C. In 1876, to relieve the case load of the Supreme Court, the Court
of Appeals was created to deal with criminal cases; it was later
renamed the Court of Criminal Appeals
D. In 1980 the previously established courts, the Courts of Civil
Appeals, were renamed Courts of Appeals and were designed to
relieve the Court of Criminal Appeals’ caseload
VI. Structure of the state court system
A. Began with the justice or municipal courts and ended with the
Texas Supreme Court or the Court of Criminal Appeals:
1. Texas Supreme Court or Court of Criminal Appeals
2. Courts of appeals
3. District courts
4. County courts
5. Justice courts or municipal courts
B. Justice or municipal courts
1. 819 justice courts*
a) 819 judges*
2. 926 municipal courts*
a) 1,559 judges*
3. Justices of the Peace
a) Are elected
b) Do not have to be licensed attorneys
4. Municipal judges are hired by the city they serve
C. County courts
1. 509 courts*
a) 254 constitutional county courts (1 per county)
b) 237 statutory county courts*
c) 18 statutory probate courts
2. Judges are elected
3. Judges do not have to be licensed attorneys
D. District courts
1. 456 courts*
2. 456 judges*
3. 359 districts contain one county*
4. 97 districts cover more than one county
5. Judges are elected
6. Judges must be licensed attorneys
E. Courts of Appeals
1. 14 courts by region
2. 80 justices
3. Justices are elected
F. Courts of Last Resort for Texas State Courts
1. Texas Supreme Court
a) 1 court in Austin
b) 9 justices
c) Are elected
2. Texas Court of Criminal Appeals
a) 1 court in Austin
b) 9 judges
c) Are elected
VII. Function of the state court system (Criminal Law)
A. Justice courts
1. Class C criminal misdemeanors punishable by fine only (no
confinement)
2. May issue search or arrest warrants
3. These courts can also handle civil issues, such as issuing
marriage licenses and settling small-claims suits
B. Municipal courts
1. Class C criminal misdemeanors punishable by fine only (no
confinement)
2. May issue search or arrest warrants
3. Municipal ordinance offenses:
a) Punishable by a fine not to exceed:
(1) $2,000 for ordinances that govern fire safety, zoning,
and public health; or
(2) $500 for all others
C. County courts
1. Constitutional county courts
a) Preside over Class A and Class B Misdemeanors
b) Fines greater than $500 or jail sentence
2. Statutory county courts
a) Preside over Class A and Class B Misdemeanors
b) Fines greater than $500 or jail sentence
3. Statutory probate courts
a) Primarily probate matters
D. District courts
1. All Felony criminal cases
E. Courts of Appeals
1. Intermediate appeals from trial courts within district
F. Texas Supreme Court and Texas Court of Criminal Appeals
1. Texas Supreme Court
a) Has final appellate jurisdiction in civil cases and juvenile
cases
b) Responsible for licensing attorneys and attorney discipline
2. Texas Court of Criminal Appeals
a) Has final appellate jurisdiction in criminal cases
b) Hears appeals of death sentence cases
Federal and State Courts
Key Points
I. Key Terms
A. Dual court system – division of two separate court systems, federal and state; federal courts have limited jurisdiction over state courts
B. Jurisdiction – the authority of a court to hear and decide cases within an area of the law or a geographical territory
C. Subject matter jurisdiction – the authority of the court to hear aparticular type of case, depending on the nature of the claim orcontroversy
D. General jurisdiction – authority of a court to hear a wide range ofcases, both civil and criminal
E. Limited jurisdiction – court restricted to hear only certain types ofcases; also called special jurisdiction
F. Geographic jurisdiction – authority of a court to hear certain casesdependent on geographic boundaries
G. Hierarchical jurisdiction – refers to different levels of courts, wherebyone court may hear appeals from a lower court
H. Original jurisdiction – refers to the first court to hear and render averdict on a case
I. Exclusive jurisdiction – the power of a court to hear a particular typeof case; based on subject matter
J. Concurrent jurisdiction – more than one court has the authority to rule
over one case; can be simultaneous
K. Federal-question jurisdiction – a federal court’s power to hear cases
that involve the US Constitution, government, or federal laws, or
cases between states or the US and foreign governments
L. Diversity jurisdiction – a federal court’s power to hear cases that
involve citizens of differing states or between US citizens and citizens
of another country; monetary damages must be in excess of $75,000
M. Courts of last resort – the final court to hear appeals, whether through
the state court system or, ultimately, the US Supreme Court
II. Outline of the federal court system
A. Magistrate Court
B. Trial Courts
1. US District Courts
2. US Bankruptcy Courts
3. US Court of International Trade
4. US Court of Federal Claims
C. Appellate Courts
1. US Court of Appeals for the Federal Circuit
2. Circuit Court of Appeals
D. US Supreme Court
E. Other Federal Tribunals
1. US Tax Courts
2. Court of Veteran Appeals
3. Military Courts
4. Federal Administrative Agencies and Boards
III. Jurisdiction of the federal courts
A. Magistrate Court – limited jurisdiction
B. Trial Courts
1. US District Courts
a) General trial jurisdiction
b) Both criminal and civil
2. US Bankruptcy Courts – limited and exclusive jurisdiction
3. US Court of International Trade – specialized jurisdiction
4. US Court of Federal Claims – specialized jurisdiction
C. US Court of Appeals for the Federal Circuit
1. Intermediate appellate jurisdiction
2. Reviews appeals from specialized courts
a) Court of International Trade
b) US Court of Federal Claims
c) Nationwide geographical jurisdiction
D. Circuit Court of Appeals
1. Intermediate appellate jurisdiction
2. Reviews appeals from US District Courts
a) Circuit determined by geographic location of lower federal court
b) 12 Regional Circuits
E. US Supreme Court
1. Court of last resort in the US
2. Appellate jurisdiction over cases that deal with the Constitution or
federal law
a) US Supreme Court has discretion regarding which cases it will
review
b) Cases usually begin in state court or federal court
3. Original and exclusive jurisdiction over:
a) Proceedings against ambassadors or public ministers of foreign
states; and
b) All controversies between two or more states
F. Other Federal Tribunals
1. Military Courts
2. Court of Veteran Appeals
3. US Tax Court
4. Federal Administrative Agencies and Boards
IV. Outline of the state court system (Texas)
A. Justice of the Peace or Municipal Courts
B. County Courts
1. Constitutional County Courts
2. Statutory County Courts at Law
3. Statutory Probate Courts
C. District Courts
D. Courts of Appeals
E. Texas Supreme Court and the Court of Criminal Appeals
F. Other state tribunals
1. State Office of Administrative Hearings
2. State Agencies and Boards
V. Jurisdiction of the State Courts (Texas)
A. Justice Courts
1. Limited jurisdiction
2. Original jurisdiction in Class C misdemeanor criminal cases that are
punishable by fine only
3. Civil matters not more than $10,000
4. Evictions (Landlord/Tenant law)
B. Municipal Courts
1. Limited jurisdiction
2. Misdemeanors with fines less than $200
3. Exclusive original jurisdiction over municipal ordinance violations
4. Limited civil jurisdiction
C. County Courts
1. Limited jurisdiction
2. Constitutional County Courts
a) Have appellate jurisdiction over the justice courts, municipal
courts, and administrative hearings
b) Preside over Class A and Class B Misdemeanors
c) Original jurisdiction in civil cases from $200 to $10,000
d) Concurrent jurisdiction with justice of the peace and district
courts in civil cases in which the amount in controversy is small
3. County Court at Law
a) Created by Legislature to aid the single constitutional county
court
b) Legal jurisdiction varies
c) Original, appellate, and concurrent jurisdiction are the same as
Constitutional County Court
4. Statutory Probate Courts
a) Original and exclusive jurisdiction over their counties' probate
matters, guardianship cases, and mental health commitments
b) Legislature grants authority to certain county courts
D. District Courts
1. General and Special Jurisdiction
2. Original jurisdiction
a) All felony criminal cases
b) Divorce cases
c) Title to land cases
d) Contested election cases
e) Civil matters of $200 or more
3. Juvenile matters
E. Courts of Appeals
1. Intermediate appellate jurisdiction
2. Both criminal and civil cases
F. State of Texas Highest Appellate Courts
1. Texas Supreme Court
a) Final appellate jurisdiction in civil cases
b) Final appellate jurisdiction in juvenile cases
2. Texas Court of Criminal Appeals
a) Final appellate jurisdiction in criminal cases
Public Opinion
Key Points
I. Public Opinion
A. What the majority of the public thinks about a topic
B. It is measured through many things such as
1. Polls and surveys
2. Elections
II. The Legislature
A. The branch of government that makes the laws on which the court system rules
B. In the end, the legislature is influenced by public opinion since lawmakers are elected officials that must keep their constituents happy to get reelected
III. How Public Opinion Affects the Court System
A. Many times judges hold elected positions. If the majority of their voters do not agree with their philosophy on a ruling, they can be voted out. The elected judge may have this in mind as he or she makes decisions
B. District attorneys are elected for each county and are the ones who make the ultimate decision on whether or not to prosecute someone, and how they should prosecute
C. If there is a jury trying the case, they may have to be sequestered so they are not influenced by the media
D. Jury members may not want to face scrutiny for their decisions, especially if they had already prejudged the case or know how their friends and family members would think about the case
IV. How the Legislature Affects the Court System
A. The legislature determines what is or is not a crime, thus determining what cases the court gets to decide
B. The legislature passes laws that may affect the way courts function:
1. Mandatory sentencing
2. The class of the crime and what court hears it, such as a misdemeanor instead of a felony court
V. How the Court System Affects Itself
A. If a similar case has been ruled on before, the judge may lean on the precedent already set
B. This occurs throughout the country with Supreme Court decisions
C. Other relevant cases are automatically decided or reversed based on what the Supreme Court rules
D. Lawmakers then decide what could or could not be considered to be against the law based on how the courts have ruled on similar laws and issues
VI. Historical Influence
A. In the past, there was a private prosecution system where victims had the power and responsibility to prosecute crimes
B. By the time of the American Revolution a public prosecution system was in place
C. Crimes became public concerns instead of private concerns
D. It was not as much about the individual being the victim as society being the victim
E. This kept sentences from being as vindictive
F. Starting in the 1960s, the pendulum started to swing the other way with more emphasis on the individual instead of the community
VII. Factors of Influence
A. Politics
B. The type of crime or issue
C. The victim
D. The suspect
E. The media
F. Lobbyists
G. Religion
H. The public’s knowledge or lack of knowledge about an issue
VIII. Politics
A. This ties back to the legislature and elections
B. There are normally two philosophies that dominate law makers and judges:
1. Liberalism
2. Conservatism
C. Liberals
1. Value self expression
2. Value individual privacy such as matters of religious or sexual preferences
3. Demand social control in the commercial sphere, at the work place, and in the stock markets
D. Conservatives
1. Focus on self control in individual privacy matters
2. Defend untemperedself expression in the commercial sphere for employers and producers
3. Oppose government restrictions on the marketplace
IX. Type of Crime or Issue
A. People are opinionated about certain crimes or topics. Lawmakers and courts may have to vote or decide on these issues with public opinion in mind. Some of them are
1. The death penalty
2. Gay marriage
3. Abortion
4. Sex crimes
5. Healthcare
6. Gun rights
B. If someone has been a victim or suspect of a specific crime some people may react to it in ways that others would not
X. Type of Victim or Suspect
A. Decisions of the court system have shown to be greatly affected by who the victim is. Some of the factors that influence these decisions
1. Social class
2. Sex
3. Race
4. Age
5. Celebrity status
a. Most people agree that O.J. Simpson was found not guilty for the double murder charge because of his status
b. The same applies for Michael Jackson and his sex crime charges
c. On the other hand, former New York Giants wide receiver Plaxico Burress received the maximum amount of punishment for illegally carrying a gun in New York City because the district attorney wanted to make an example of him
B. Those who know the suspect or victim may have a certain opinion about how the case should be handled
XI. Media
A. The news agencies and newspapers have a lot of power in deciding what they will or will not cover
B. If they don’t bring a certain topic to light, the public may not be aware of it enough to form an opinion
C. If the reporter has a bias for or against the topic, they may cover the topic a certain way but exclude certain facts and try to influence what the public thinks about it
D. What people see in the movies or on television influences them. This can be a problem because
1. Sometimes the producers have a bias and are trying to appeal to people’s emotions about a topic while excluding some of the facts
2. Producers and actors are in the business to make money and are more concerned about the entertainment value instead of making sure all of the facts are right