Southern New Hampshire University
CJ 207 The United States Judicial System
Week One Notes
Criminal Courts Chapter One: Introduction: Law and the Judicial Function
What is the rule of law, and why is it important to the legal system?
The rule of law includes three elements:
1. Requires a nation to recognize the supremacy of certain fundamental values and
principles.
2. These values and principles must be committed to writing.
3. A system of procedures that holds the government to these principles and values
must be in place.
The rule of law is important to the legal system by reason of, this system of procedures holds the
government to its principles and is best articulated by the concept of due process.
Due Process: Procedural justice that is due to all persons whenever they are threatened with the
loss of life, liberty, or property at the hands of the state. Is essentially a set of instructions
informing agents of the state how they must proceed in their investigation, arrest, questioning,
prosecution, and punishment of individuals who are suspected of committing crimes. Due
process rules are thus rules that attempt to ensure that people are treated justly by the state.
What are two sociological models used in analyzing the legal system?
1. Crime Control Model
Views criminal justice system as an assembly line
Goal of criminal justice system is to control crime
Values emphasized: efficiency, speed, and finality
Process of adjudication: Informal screening by police and prosecutor
Focus on: Factual guilt
2. Due Process Model
Views criminal justice system as an obstacle course
Goal of criminal justice system is to protect rights of defendants
Values emphasized: Reliability
Process of adjudication: Formal, adversarial procedures
Focus on: Legal guilt
What are the models of criminal justice as defined by Herbert Packer?
The crime control model as described by Packer views the suppression of criminal
conduct (controlling crime) as the most important function of the criminal justice system.
The primary function of this model is to control crime by arresting, convicting, and
punishing those who break the law.
The due process model as described by Packer stresses the reliability and minimizing the
potential for mistakes. Furthermore, the due process model contends that informal, non-
adjudicatory fact finding carries with it a strong likelihood of error.
Criminal Courts Chapter Four: Court Organization and Structure
What is court jurisdiction, and how is it defined through the trial, appellate, and supreme
courts?
Jurisdiction- The authority of a court to hear a case and render a decision
There are four main types of jurisdiction: personal, subject matter, geographic, and hierarchical.
Personal Jurisdiction- The authority of a court over a person
Subject Matter Jurisdiction- Authority conferred on a court to hear a particular type of case
Geographic Jurisdiction- The authority of courts to hear cases that arise within specified
boundaries, such as city, county, state, or country
Hierarchical Jurisdiction- The division of responsibilities and functions among the various
courts
Trial Courts are normally authorized to hear any matters not exclusively designated for courts
of limited jurisdiction
Appellate Courts hear civil and criminal appeals from the lower (trial) courts within their
jurisdiction. They do not decide matters of fact, such as whether a person convicted of a crime is
in fact guilty. They do however review the record from the trial court; they do not hear new
testimony from the persons involved in the case, and they do not consider new evidence.
The U.S. Supreme Court is the last step in the federal court system and for any case involving
the interpretation of a federal statute or the U.S. Constitution. Also referred to as the “court of
last resort.”
Who compromises the courtroom workgroup, and what are their responsibilities?
The courtroom workgroup consists of the officials of the case- the judge, the prosecutor,
the defense attorney, and courtroom support staff. Their responsibilities include working
together day after day to process the criminal and civil cases that come before the court.
What are the steps within the trial process?
1. Opening Statements - Prosecution goes first because it has the burden of proof. The
defense follows or has the option to reserve its opening statement until after the
prosecution has presented its evidence.
2. Direct Examination/Cross-Examination
Direct Examination is the questioning of a witness by the attorney who called the
witness to the stand
Cross-Examination is the questioning that follows the direct examination of a
witness. The opposing attorney has the opportunity to question the witness about the
statements made during the direct examination
3. Closing Arguments - Each side has the opportunity to sum up its case. The
prosecution goes last
4. Jury Instructions - Prior to jury deliberation, the judge instructs jurors about the
relevant law and how they are to apply the law in the particular case
5. Verdict - After deliberation, the jury comes back with either a guilty or not guilty
verdict. Depending on the verdict, some sort of sentence will be imposed
Criminal Courts Chapter Fourteen: Specialized Courts
What is the purpose of the specialized courts, and how are they distinct from traditional
criminal courts?
The purpose of specialized courts is to improve public safety and reduce recidivism by
offering certain groups of offenders that are at risk of reoffending or could benefit from
rehabilitation with resources to address underlying issues. Specialized courts differ from
traditional courts by reason of they focus on one type of offense or probationer.
What are the doctrines that support the juvenile court system?
Parens Patriae (“parent of the country)- Guiding principle of the juvenile justice
system. Refers to the government’s right and obligation to act on behalf of the
child, and to do what is in the best interest of the child
Loco Parentis (“in place of the parents)- Allows the juvenile court to act in the
best interests of the children who appear before it
In what ways is the juvenile court system different from the adult court system?
Unlike adult courts, the juvenile court system emphasizes rehabilitation rather than
punishment
Juvenile court systems are considered quasi-civil rather than criminal
Less formal than adult courts
Juvenile court hearings are not open to the public like criminal court hearings, and law
enforcement is not permitted to release names of juveniles to the media
There is no right to a jury trial in juvenile court
Supreme Court Structure and Procedure
What is the purpose of the U.S. district courts?
District courts are the trial courts of the federal court system where cases are tried,
evidence is presented, and witness testimony is heard.
What are some examples of federal courts with specialized jurisdictions?
Court of International Trade
Court of Federal Claims
U.S. Tax Court
How many Supreme Court Justices are there on the U.S. Supreme Court?
Nine total Supreme Court Justices make up the U.S. Supreme Court.
When does the U.S. Supreme Court begin its annual session?
The U.S. Supreme Court begins its annual session on the first Monday in October, and
ends the following June.
U.S. Courts: Due Process and Equity Under the Law
What are the differences between criminal court and civil court proceedings and due
process?
Criminal Procedure: Involves processing cases against individuals accused of harming
others including the decision about punishment for criminal actions.
Criminal Due Process
1. Criminal action occurs against another individual’s person, liberty, or property.
2. Probable cause to suspect criminal activity.
3. Warrant obtained from judge.
4. Arrest of accused criminal/ Miranda Rights
5. Habeas corpus/ arraignment/ formal charges bail set based on flight risk/danger to
community.
6. Preliminary hearings/ pre-trial motions.
7. Discovery/ Exculpatory evidence.
8. Possible plea bargain.
9. Voir dire/ jury selection process.
10. Trial proceedings to verdict.
11. Acquittal (innocent) or guilty.
12. Sentencing.
13. Punishment carried out.
14. Possibly clemency/ mercy.
15. Rehabilitation or recidivism.
Civil Procedure: Involves two or more private parties, at least one of whom alleges
harm or civil injury committed by the other.
Civil Due Process
1. Complaint or dispute arises between private parties.
2. Counsel is consulted.
3. Filing of complaint in court system by plaintiff.
4. Papers are served against defendant.
5. Allegation is officially made with demand(s) for resolution in the courts.
6. Preliminary information gathered.
7. Motions/answers/information exchange.
8. Request for admission of truth (under oath).
9. Request for production/ report evidence.
10. Interrogatories/ Depositions/ Subpoenas.
11. Pre-trial motions, discovery, and possible summary judgement.
12. Bench or petit jury trial/ voir dire.
13. Ruling on preponderance of evidence.
14. Judgement carried out.
