This lecture examines the second core component of the Criminal Justice System, the Judicial System component. The purpose of this lecture is to familiarize the Professional Crime Fighter with the variety of judicial agencies and the often conflicting expectations placed upon the judiciary in our society. By the end of this lecture, the Professional Crime Fighter will be familiar with not only the basic structure of the American Court System, but also will understand the normal functions of the various components of the Criminal Court System in The United States Of America.
The American Judicial System shares many characteristics with the Law Enforcement System. Within the next few paragraphs, these similarities will be brought to light. By understanding these similarities, the Professional Crime Fighter will be prepared to better utilize the resources made available by The American Judicial System.
The first recognizable similarity between the American Law Enforcement System and the American Judicial System is the sheer number of each type of agency which exist within the contiguous United States and Her Holdings. There are a tremendous number of Criminal Court Locations within The United States. In fact, there are more than 16,500 Courtrooms in America.
There are several established Jurisdictions within the American Judicial System. Most of these Courtrooms are Local. That is, they handle a variety of daily disputes within the smaller confines of The Community. Local Courts are only the tip of the iceberg, though.
There are also County and State Level Courts. County Courts handle larger, more serious cases, most of them criminal in nature. State Level Courts often handle more administrative matters. For a crime to gain State Interest, it must be of a heinous nature. That is, it must represent a direct attack against something or someone to whom the State has attached a great value--Destruction of Property; Murder; Assault Against Officer; Abuse Of Power; Embezzlement Of State Funds; Misuse of State Property; and other such crimes are prime examples of the sorts of crimes handled by State Courts.
Strangely enough, even though we have so many Criminal Courts in The United States, only about two percent [2%] of the cases filed within the American Court System involve Felony Criminal Offenses. The other ninety-eight percent [98%] represent misdemeanor and non-criminal cases. The non-criminal cases are normally either transfered from the Criminal Court System into the Civil or Administrative Court System, or else they are dismissed outright. In effect, then, when we speak of the Criminal Court System, we are only discussing about twenty-six percent [26%] of the total Case Load that enters the American Court System on a yearly basis.
A CASE is an incident or argument that is presented before The Bench. The BENCH is the Court Official who resides over a case--normally a Judge. There are two types of case that are presented before The Bench.
The first type of case is the TORT. attached are civil actions which involve private wrongs between two or more parties. Breach Of Contract and Failure To Deliver Services are examples of torts.
The other type of case that is presented before The Bench is the Crime. We already know that a crime is any action or inaction defined by Society as wrong and/or unacceptable and to which a penalty and/or punishment has been attatched. Homicide, Assault and Battery, and Aggravated Burglary are examples of Criminal Cases that are presented before The Bench. Thus, it can be said that Crimes are Public Wrongs involving violations of the Criminal Laws.
Traffic [minor] Cases are the most prevalent form of criminal court case heard in America. Next in line is the tort. Criminal Cases involving allegations of Felony or Misdemeanor Offenses are least prevalent within our Criminal Court System; even though there are millions of these cases handled by the American Court System every year.
The purpose of the Criminal Court System in The United States Of America is to resolve disputes betwaggrieved agrieved parties. Many propose that the purpose of the Criminal Court System is to Do Justice. Doing Justice means ensuring that Equality Of Opportunity and Fairness Of Distribution in The Disposition Of Cases be achieved.
Often, whether or not The Court has Done Justice depends upon the perspective of the observer. It is better to think of the Criminal Court System as an arbitor whose purpose is three-fold:
The balance between these three goals is difficult to achieve. In fact, many would argue that it has never been achieved. Often times, when the Court System approaches the balance point, it is through some form of compromise between all parties involved. Plea Bargainnig is the primary example of compromise based balancing within the American Criminal Court System. Through Plea Bargaining, no party wins outright, but all parties are able to protect the majority of their own interests.
As has been said earlier, there are a large number and variety of Courts in America. These tribunals fall into two basic categorical structures within the Criminal Justice System. They include Federal Courts and State Courts.
The Federal Court System is composed of the following entities:
The Federal Court System hears cases of Federal Interest. That is, they hear cases that involve violations of Federal Laws, matters which involve Federal Agencies, International Incidents, and other such incidents. The United States Supreme Court is the ultimate court of appeals within the United States. It is the highest court in The Nation, and functions as the interpretor of the United States Constitution. This power which has been vested in the Supreme Court is a reflection of The RULE OF LAW.
THE RULE OF LAW states that The Constitution Of The United States Of America is the Supreme Law Of The Land and all other Laws, Statutes, Rules, and Regulations shall be subordinate to it. In other words, no Act Of Congress, Presidential Order, State Law, County Code, nor Community Rule may be enforced if its enforcement would violate the protections emplaced by The Constitution Of The United States Of America. Simply put, if it ain't in The Constitution, then you cain't do it!
In order to ensure that they do not violate The Rule Of Law, most American States have chosen to mirror the Federal Court System in their own State Court Structures. These States have a Court Of Last Resort [Supreme Court]. They often have intermediate Courts Of Appeal. Normally, they contain Trial Courts Of General Jurisdiction. Often, they even have Trial Courts Of Limited Jurisdiction. The names, internal structures, and organization of these State Court Systems may vary slightly, but their basic functions remain the same.
At the lowest level of the State Court System, one finds the Courts Of Liminted Jurisdiction. These are courts who hear only specific types of cases, such as Traffic Cases or Violations Of Public Peace. These courts are often charged with the capacity to set bail for felonies and misdemeanors. They also serve as the entry point for the Justice Process that most Serious Offenses follow.
Avove the Courts Of Limited Jurisdiction are the Courts Of General Jurisdiction. These courts conduct trials for Misdemeanor Offenses and for Felony Offenses. They are charged with the capacity to Pass Judgement Of Conviction and to Hand Down Sentences Of Punishment to Offenders.
All court systems can be broken up into two types. The first type is the Lower Court. The Second is the High Court. The Lower Court is a Fact Finding Body. Its purpose is to answer the six basic questions of Criminal Investigation:
The Higher Court is a Body Of Review. Its purpose is to hear appeals from Lower Courts. The Higher Courts interpret Constitutions and Laws, and they review Lower Court Decisions to determine whether The Rule Of Law was applied correctly.
Having said all of that, now we should examine the actual process that a Criminal Court Case goes through. This can best be done by examining the graphic image presented below.
The Flow Chart presented above clearly outlines the process that almost every Criminal Prosecution follows. This method of prosecution is used at all levels of the Court System.
The information contained within this lecture sets the stage for
a more
in-depth analysis of the Role of The Court System in Criminal Justice.
It is very important for the Professional Crime Fighter to remember that
Criminal Court System is designed to function as a fact finding body.
It is to this end that the Professional Crime Fighter must exercise the greatest
of precautions in collecting and cataloguing the evidence that is necessary to
successfully prosecute and convict the offender.
Indeed, it is the Duty of the Professional Crime Fighter to be very prudent in exercising the Rules Of Evidence.
Rules Of Evidence
were established to guide the Professional Crime Fighter in acquiring the
set of facts and information that are necessary to take the offender to Justice.
It is also imporant to remember that the Criminal Court is more than just a tool for
gathering evidence. It is also a guide to police action. Much Police Decision-Making
is discretionary. The American Judicial System has established a set of rules that govern
Law Enforcement Officers, including their training, organization, and function within their
respective communities.
If utilized properly, the Criminal Court System can be a very effective method by which the Criminal Justice System can implement efficient and effective Crime Control Policies, while ensuring the protection of the Citizens' Constitutional Rights. For this reason, it is necessary that the Professional Crime Fighter familiarize himself with the structure and function of The American Judicial System.