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CHAPTER 7
COURTS AND ADJUDICATION
Learning Objectives
2. Name the qualities that the public desires in a judge.
4. Identify some of the roles of the prosecuting attorney.
6. Identify those with whom the prosecutor interacts in decision making.
8. List the methods for providing counsel for defendants who cannot afford a private attorney.
9. Describe the courtroom work group, and explain how it functions.
Lesson Plan
Correlated to PowerPoints
I. The functions and structure of the American courts
Learning Objective 1: Describe the structure of the American court system.
The United States has a dual court system
Adversary process is used by both state and federal courts
Inquisitorial process is used in most other countries
Jurisdiction
A. Functions of the courts
B. Structure of the courts
A. Both federal and state court systems have trial and appellate courts
Trial courts of limited jurisdiction
Trial courts of general jurisdiction
Appellate courts
Problem-solving courts
B. Each state has a supreme court that is the final court for cases involving state law
U.S. Supreme Court is the highest court in the land and rules on matters involving the
U.S. Constitution
PPT 5-
7, 9
PPT 8,
10
–
11
PPT 12-
15
65
What If Scenario
What if you could remake the criminal justice system into a non-adversarial
process? What would you have to do and how would this change the roles of those
currently involved in criminal justice?
II. To be a judge
Learning Objective 2: Name the qualities that the public desires in a judge.
Learning Objective 3: Describe the process by which American judges are selected.
A. Who becomes a judge
B. Functions of a judge:
Adjudicator
o Must assume a neutral stance in overseeing the contest between prosecution
and defense
o Have considerable discretion
Negotiator
Administrator
o Manage staff and complex schedules
C. How to become a judge
States and jurisdictions use one of six methods for selecting judges:
2. Legislative selection
4. Non-partisan election
5. Partisan election
Class Discussion/Activity
Open a discussion/debate among the students as to the merits and
weaknesses of each method of selecting judges. Ask the students to
discuss and decide which of the methods would be the most effective.
Media Tool
See Assignment 5
PPT 17-
18
PPT 19-
66
o Assignment: Read the short report noted above. Should the US
Supreme Court have a united front? When a justice goes against
What If Scenario
What if you wanted to become a judge? What kinds of qualities must you have?
What would your work day be like?
III. The prosecutorial system
Learning Objective 4: Identify some of the roles of the prosecuting attorney.
Learning Objective 5
filing criminal charges.
Learning Objective 6: Identify those with whom the prosecutor interacts in decision making.
A. Prosecuting attorneys
Legal representative for the state
B. State attorney general
Chief legal officer of a state
Normally an elected position
Has power to bring prosecutions in certain cases
C. United States attorneys
One U.S. attorney and a staff of assistant U.S. attorneys
D. Politics and prosecution
Prosecutors are elected in 46 of the 50 states
The position is often used as a springboard for higher office
Prosecutors may choose certain cases for prosecution in order to gain favor of the
voters
Discretion in decision-making creates the risk for discrimination
E
See Assignment 2, 4, 6
PPT 22
PPT 23
PPT 24
F
1. Trial counsel for the police
3. Representative of the court
G. Discretion of the prosecutor
Decide which cases to prosecute
Negotiate plea bargains
Determine number of counts with which to charge
H. Procedures and activities of the prosecutor
I. Key relationships of the prosecutor
Police
Victims and witnesses
Judges and courts
Community
J. Decision-Making Policies
Accusatory process
Class Discussion/Activity
Divide the class into groups. Smaller groups may be more effective.
IV. The defense attorney: image and reality
Learning Objective 7: Describe the day-to-day reality of criminal defense work in the United
States.
Learning Objective 8: List the methods for providing counsel for defendants who cannot afford
a private attorney.
The lawyer who represents accused offenders and convicted offenders in their
dealings with criminal justice
See Assignment 3, 5
PPT 27
PPT 28
PPT 29
PPT 30
PPT 33
67
68
A. Role of the defense attorney
Advises the defendant and protects his/her constitutional rights at each stage of the
Some are inexperienced, overburdened, uncaring, ineffective
Role is misunderstood by public and by defendant
Three groups of specialists
o Nationally known who charge high fees
o lawyers of choice for defendants who can afford to pay high fees
o courthouse regulars who accept many cases for small fees
C. The environment of criminal practice
D. Counsel for indigents
Sixth Amendment guarantees right to counsel
Indigent defendants are those who are too poor to afford their own lawyers
There are three main ways of providing counsel to indigent defendants:
2. Contract counsel
3. Public defender
E. Attorney effectiveness and competence
The right to counsel is of little value when the counsel is not competent and effective
Media Tool
o Website from National Association of Criminal Defense Lawyers
networking site for attorneys? Why or why not?
What If Scenario
What if we did not have public criminal defense attorneys in the U.S.? How would
the court system be influenced by such a scenario?
PPT 36-
38,
40
PPT 35,
39
69
V. The courtroom: How it functions
Learning Objective 9: Describe the courtroom work group, and explain how it functions.
A. Local legal culture
Values and norms shard by members of a particular court community
Dictates how cases should be handled and court officials should behave
B. Going rate
D. Workgroups
Collection of individuals who interact in the workplace on a continuing basis
Class Discussion/Activity
Hold a moot court with students assuming the various roles of the
Class Discussion/Activity
Have the students visit a local courthouse and record their experiences.
Media Tool
the courtroom? Can a jury truly be unbiased? Why or why not?
See Assignments 1, 5
PPT 41
PPT 42
70
What If Scenario
What if one of your friends who knows you are taking a Criminal Justice course
asked if lawyers and judges really do have their hands tied when dealing with cases
presented before them? How would you describe the discretion that judges and
lawyers have?
Lecture Notes
The American court system differs significantly from systems of other countries.
American courts operate as an adversary process, in which lawyers from the prosecution and the
rights are protected. In contrast, most other countries utilize the inquisitorial process whereby a
judge is actively involved in the questioning of the defendant. As students read and study
take on political dimensions to appease voters.
Attorneys serve in many roles in the courtroom workgroup. The judge, prosecutor, and
the defense all are attorneys but with differing roles. The defense attorney may be retained by a
Key Terms
accusatory process – The series of events from the arrest of a suspect to the filing of a formal
charge (through an indictment or information) with the court. (p. 237)
adversarial process – Court process, employed in the United States and other former British
See Assignments 1, 5
71
evidence and formulating arguments as a means to discover the truth and protect the rights of
defendants. (p. 219)
continuance – An adjournment of a scheduled case until a later date. (p. 247)
contract counsel – An attorney in private practice who contracts with the government to
represent all indigent defendants in a county during a set period of time and for a specified dollar
amount. (p. 242)
count – Each separate offense of which a person is accused in an indictment or an information.
(p. 235)
defense attorney – The lawyer who represents accused offenders and convicted offenders in
their dealings with criminal justice. (p. 238)
discovery –
introduced at trial. (p. 235)
jurisdiction – The geographic territory or legal boundaries within which control may be
local legal culture – Norms shared by members of a court community as to how cases should be
handled and how a participant should behave in the judicial process. (p. 246)
merit selection – A reform plan by which judges are nominated by a commission and appointed
by the governor for a given period. When the term expires, the voters approve or disapprove the
judge for a succeeding term. If the judge is disapproved, the committee nominates a successor
nonpartisan election –
ballot. (p. 225)
partisan election – An election in which candidates openly endorsed by political parties are
presented to voters for selection. (p. 225)
problem-solving courts – Lower-level local courts dedicated to addressing particular social
problems or troubled populations. Examples of such courts include drug courts, domestic
violence courts, and mental health courts. (p. 221)
state attorney general – Chief legal officer of a state, responsible for both civil and criminal
matters. (p. 229)
trial courts of general jurisdiction – Criminal courts with jurisdiction over all offenses,
including felonies. In some states, these courts also hear appeals. (p. 220)
Assignments
1. Research the topic of public defender. Many jurisdictions use the public defender concept
for representation of indigent defendants. What are some of the frequent criticisms of the
public defender concept? Does your research indicate whether public defenders are more
or less effective than a privately retained attorney? [LO7,8]
2. Research the court system in your state or county. How are the judges chosen at the local
trial level? Do you feel that this is the most effective method of choosing judges? Based
3. A current debate in criminal justice circles is the issue of effective counsel. Some court
observers argue that there are common cases of attorneys who are incompetent to represent
4. The following topics (Docket, Oral Arguments, Merits Brief, Court Rules, Case Handling
5. After completing both the Class Discussion/Activity and the Media Tools assignments