Textbook Notes (369,205)
United States (206,227)
CJ 210 (2)
Chapter 7

CJ Chapter 7 Textbook Notes.odt

3 Pages
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Department
Criminal Justice
Course Code
CJ 210
Professor
Prof.Allen

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CJ Chapter 7 Textbook Notes • Two types of courts function within theAmerican criminal justice system, state courts and federal courts • It is within state courts that the majority of criminal cases originate. • By 1776, all of theAmerican colonies had established fully functioning court systems. • States that followed the federal model developed a three tiered structure: ◦ Trial courts of limited jurisdiction ◦ Trial courts of general jurisdiction ◦ Appellate courts • Amovement began in the early twentieth century to simplify the state court structures that was led by theAmerican Bar Association and theAmerican Judicature Society. The suggested a uniform model for states that would build on: ◦ Acentralized court structure composed of a clear hierarchy of trial and appellate courts ◦ The consolidation of numerous lower-level courts with overlapping jurisdictions ◦ Acentralized state court authority that would be responsible for budgeting, financing, and managing all courts within a state • Trial courts start criminal cases and conducts arraignments, sets bail, takes pleas, and conducts trials. • All states have supreme courts, although only 39 have intermediate appellate courts. • For an appeal to have any chance of being hear, it must be based on claimed violations of the defendants rights, as guaranteed under federal law or the Constitution. • Keeney v Tamayo-Reyes: a respondent is entitled to a federal evidentiary hearing only if he can show cause for his failure to develop the facts in the state-court proceedings and actual prejudice resulting from that failure, or if he can show that a fundamental miscarriage of justice would result from failure to hold such a hearing. • Herrera v Collins: the court ruled that new evidence of innocence is no reason for a federal court to order a new state trial if constitutional grounds are lacking. • Federal courts settle disputes between states and have jurisdiction in cases where one of the parties is a state. • The Federal Judiciary consists of three levels: ◦ US District courts ◦ US courts of appeals ◦ US supreme court • There are 94 federal judicial districts, including at least one district in each state. The 94 federal judicial districts are organized into 12 regional circuits, each of which has a US court of appeals. (Michigan is grouped with Ohio, Kentucky, and Tennessee) • Federal district courts have original jurisdiction over all cases involving alleged violations of federal statutes. • Magistrate judges have the power to conduct arraignments and may set bails, issue warrants, and try minor offenders. • Circuit court judges are appointed for life by the president. • Federal appellate courts have appellate jurisdiction over the decisions of district courts within their circuit. • Appeals generally fall into one of three categories: ◦ Frivolous appeals, which have little subs
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