Courts and Courtroom Work Groups

What are the different levels of courts?

Roles of Judges, Prosecutors, and Defense attorneys

National and State Courts are separated into three tiers:– Lower Courts– Felony Courts– Appellate Courts

Lower Courts

Have limited jurisdictionThey deal with misdemeanors and

pretrial proceedingsThey look at traffic offenses, drunk and

disorderly conduct, shoplifting, and prostitution

They assign lawyers to indigent (poor) defendants

Felony Courts

They decide facts and apply the law on felony cases.

Decide cases from capital murder down to theft

Appellate Courts (appeals courts)Appellate Courts (appeals courts)

They review trial courts’ application of the They review trial courts’ application of the law and the facts.law and the facts.

What does that mean? They don’t decide guilt or innocence They review court’s proceedings to make

sure the trial courts are following procedures and aren’t violating defendants’ constitutional rights.

Defendants do not have to be present. Appeals Courts include Court of Appeals

and the Supreme Court

U.S. Supreme Court

U.S. Constitution is the “Supreme U.S. Constitution is the “Supreme Law of the Land”Law of the Land”

What does that mean?What does that mean?

Constitution is the highest law State law cannot violate the Constitution

What to know about the Supreme Court:

You have no constitutional right to a review of your case.

The Supreme Court doesn’t decide whether you’re guilty or not

Almost everything the Court does is secret except for:– Lawyers’ arguments– Briefs– Published opinions

Writ of certiorari: The Court decides to hear a case from a lower appeals court

The Supreme Court decides to hear a case for two specific reasons:

A conflict exists among the lower courts

An important constitutional issue has not been resolved.

Mission of the Courts

Courts have three important missions:

1. Administer Justice according to the rules of the law That is called the Due Process Mission –

everything is fair. That is why everything is done in open

court. Fairness is more important than convicting

guilty people

2. Public expects courts to make sure guilty people are convicted and punished. That is called the Crime Control Model Public expects the criminal justice

system to punish “bad” people. Prosecutors are supposed to be ruthless Defense attorneys should not “get their

clients off on technicalities” Judges should be hard on criminals

Vocabulary Word

Adversary Process: getting the truth by fighting in court according to the formal rules of criminal proceedings Attorneys, judges are all part of

the adversarial process.

3. Public expects the courts to do 3. Public expects the courts to do what is “best” for victims and what is “best” for victims and offenders. offenders. – That is called the That is called the Social Justice MissionSocial Justice Mission– In this system, it’s important to consider In this system, it’s important to consider

what type of person the defendant is – what type of person the defendant is – look at the background, nature of offense look at the background, nature of offense and then determine – probation, jail time, and then determine – probation, jail time, throw away the key, etc.throw away the key, etc.

The Courtroom Work GroupJudges, Prosecutors, Defense

Attorneys

Judges

• Play a huge role in the adversarial system.

• They interpret the law and sentence people

• Bench Trial: a trial before a judge; no jury

Prosecutors

Serve as an important link between police and courts and between courts and corrections

Police bring arrests to prosecutors, not to judges

Prosecutors not judges decide which cases go to court. Prosecutors have an enormous amount of power. By deciding not to charge a person for a crime, prosecutors can stop a police investigation dead in its tracks

Prosecutors direct what charges and what type of sentencing they are looking for.

They also play a huge role in plea bargaining.

Prosecutors are referred to as county attorneys or the DA (district attorney)

They work for the state

Plea Bargaining

Defense Attorneys 1. They defend their clients 2. Bargain with prosecutors to get the best

deal for their client 3. They have a constitutional duty and

professional responsibility to make sure the government plays by the rules.

You have private defense attorneys (commercials on TV)

You have Public Defenders who work for the state and are appointed to those who cannot afford an attorney

Public defenders often get a bad rap, but the question always arises: Can lawyers rigorously defend clients they have never seen before and probably won’t see again?

How much does it cost to go to law school?• Hamline – 28,392• William Mitchell – Approximately 32,000• University St. Thomas – 34,472• University of Minnesota 25,324 (+3000

in fees)

• We’re looking at 84,000-104,000 for three years!

How much do attorneys make?How much do attorneys make?

$74,980 and $163,320. (U.S. Department $74,980 and $163,320. (U.S. Department of Labor). Averageof Labor). Average– Depends on where you work alsoDepends on where you work also– 2007 County Attorney – 100-144,0002007 County Attorney – 100-144,000– Public Defenders 40-85,000Public Defenders 40-85,000

How much do Judges make?

70-180,000 (depending on what type of judge)

of 2009, the Chief Justice of the United States receives an annual salary of $217,400, and the Associate Justices receive annual salaries of $208,100.