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CJ 110 (8)

Chapter 7 (Class) 2:27.odt

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Criminal Justice
CJ 110

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
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