Class Notes (834,738)
United States (323,901)
CJ 110 (8)
Lecture

Chapter 7 (Class) 2:27.odt

4 Pages
162 Views
Unlock Document

Department
Criminal Justice
Course
CJ 110
Professor
Prof.Allen
Semester
Spring

Description
Chapter 7: In Class Lecture 2/27/13 The Courts • 1629: Massachusetts Bay Colony General Court served as the legislature as well as the court ◦ There was not the three branch court system at this time ◦ Functions of this court: ▪ made laws ▪ held trials ▪ imposed sentences ◦ Consisted of: ▪ Governor ▪ Deputy Governor ▪ 18 assistants ▪ 118 elected officials ◦ 1639: The colony had grown substantially in population, and the colonists had migrated out from Boston • Prior to 1776: ◦ All colonies had fully functioning courts ◦ Most colonies restricted the number of lawyers allowed to practice ◦ Between 1695 and 1769 New York allowed only 41 lawyers to practice law • The court system consists of the State system and the Federal system • State law consists of Civil law and Criminal law • Jurisdiction: The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution • The Supreme Court has jurisdiction over every other court in the United States • Jurisdiction can include: ◦ The geographical area ◦ Subject matter it deals with ◦ Its place in the hierarchy of the court system ◦ Person over which authority may be exercised • Original Jurisdiction: The lawful authority of a court to hear or to act on a case from its beginning and to pass judgement on the law and the facts. The authority may be over a specific geographic area or over particular types of cases. (The ability to hold a trial) • Appellate Jurisdiction: The lawful authority of a court to hear an appeal from a lower court (Michigan has circuit (county) courts which has appellate jurisdiction) ◦ The lawful authority of a court to review a decision made by a lower court • State Trial Courts: ◦ Lower trail courts: ◦ Where cases begin ◦ Some states refer to them as magistrates courts ◦ Pleas are entered ◦ Bail may be set ◦ Atrial is conducted if case is minor ◦ Rarely hold jury trials ◦ No transcripts ◦ Do not maintain detailed records of cases ◦ Authorized to hear: ▪ Misdemeanors ▪ Family disputes ▪ Traffic violations ▪ Small claims • State Trial Courts: ◦ State courts maintain records only on: ▪ Charge ▪ Plea ▪ Finding ▪ Sentence ◦ Trial Courts of General Jurisdiction ▪ State and defendant become combatants ▪ Prosecutor represents the state while the defense counsel represents the accused ▪ Also called superior courts ▪ Can hear any type of criminal case ▪ Often provide first level appellate review ▪ If a court hears a case on appeal from a lower court, it has a new trial called “trial de novo” ▪ Anew trial is necessary because there are no transcripts from lower trail courts ◦ Appellate Courts ▪ Court of appeals in 39 states ▪ State supreme court in all 50 states ▪ AUTHORITY TO REVIEWADECISION MADE BYALOWER COURT ▪ Does not conduct a new trial ▪ Reviews transcripts from lower trial courts when considering an appeal ▪ Affirms most lower court convictions ▪ More often then not, Appellate court will agree with the lower court ▪ Appellant: The side initiating the appeal ▪ Appellee: The side opposed to the appeal ◦ State Supreme Court ▪ It is considered the court of “last resort” at the state level ▪ Cases can be appealed to the US Supreme Court if they are based o
More Less

Related notes for CJ 110

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit