Business Finance
Principles of Criminal Justice

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Your work should provide at least 150 words and you should use at least two sources to assist in your response.

There are now several specialized courts at the State levels that deal with specific populations, for example; drug courts and veterans courts are two very popular ones. Research these specialized courts and identify those that you find and explain the populations that they serve and the reasons they are set up for these populations. Do you believe that these specialized courts are necessary? Are they effective? Why?

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boh11536_ch08_271-319.indd Page 272 05/07/11 11:59 AM user-f494 /201/MHSF270/boh11536_disk1of10/0078111536/boh11536_pagefiles 8 The Administration of Justice Chapter Outline The American Court Structure The Federal Courts The State Courts Purposes of Courts Key Actors in the Court Process The Prosecutor The Defense Attorney The Judge Pretrial Stages Caseflow Management From Arrest Through Initial Appearance Bail and Other Methods of Pretrial Release Information Preliminary Hearing Grand Jury Arraignment Plea Bargaining The Criminal Trial The Jury The Trial Process 272 M I Learning Objectives L After completing this chapter, you should be able to: E 1. Identify the type of court structure in the United States, and describe its various components. S , 2. Summarize the purposes of courts. 3. Identify the most powerful actors in the administration of justice, and explain what makes them so powerful. S 4. Summarize the types of attorneys available to a person H charged with a crime. A 5. Describe the responsibilities of a judge. N 6. Describe the purposes of an initial appearance. N 7. Explain what bail is, and describe the different methO ods of pretrial release. N 8. Define grand jury, and explain its purposes. 9. Describe the purposes of the arraignment and the plea options of defendants. 1 9 10. Describe the interests served and not served by plea bargaining. 0 11. List and define the stages in a criminal trial. 9 T S boh11536_ch08_271-319.indd Page 273 26/06/11 2:24 AM user-f494 /202/MHSF288/pap35147_disk1of1/0078035147/pap35147_pagefiles Chapter 8 The Administration of Justice CRIME STORY O n December 10, 2010, in a federal courtroom in Salt Lake City, Brian David Mitchell (pictured) was con- victed of transporting a minor across state lines for sexual exploitation and interstate kidnapping. Mitchell was sentenced to life in prison on May 25, 2011. His victim was Elizabeth Smart, now 23, who in 2002 had been taken from her bedroom at knifepoint and held captive for nine months before being rescued. Smart, who was 14 years old at the time of her abduction, was subjected to sexual and mental torture that included repeated rapes, forced consumption of drugs, and frequent threats on her life. The jury in Mitchell’s five-week trial rejected his legal defense that he was insane and not responsible for his crime. Prosecuting attorneys believe the case hinged on Smart’s brave testimony that spanned three days. The U.S. Attorney for Utah commented, “That young woman had the ability and willingness to recall the graphic details of the nine-month captivity. She did it with candor and clarity and truthfulness that I think moved all of us and gave a very powerful and credible story. She is a remarkable young woman.” During her testimony, Smart portrayed Mitchell as a cruel religious zealot obsessed with sex. She called Mitchell selfish and a “hypocrite” who raped her at every chance he got even while proclaiming himself to be God’s servant. Smart testified that during her captivity Mitchell told her that if the police caught them “he knew he would go to prison.” He also told her that she forcibly medicated with anti-psychotic and the other wives would testify on his medications; in the fall of 2009, doctors behalf. Smart was forced to “marry” at Utah State Hospital said Barzee was Mitchell in an impromptu ceremony competent to stand trial. That pro- shortly after the kidnapping. Mitchell nouncement prompted plea negotia- said that he would be released, and tions with state and federal “he would be killed and lie dead in the prosecutors. As part of the plea agree- street for three days and then he would ment, Barzee agreed to testify against be resurrected and he would go on to M I proclaimed prophet, was frequently removed from L the courtroom because he would breakEinto song. As the verdict was read, Mitchell sang religious S hymns loudly while his lawyer tried to , silence him. Following the verdict, Mitchell. Barzee will likely be held at fight the Anti-Christ.” Mitchell, a self- the Federal Medical Center in Fort Smart remarked, “I hope this will give jury correct in rejecting Mitchell’s hope to other victims S who have not insanity defense? Should Smart have spoken out about what has happened H A example that justice can be served in N it is possible to move America, but that on after something N terrible has happened.” O Mitchell’s wife and accomplice, N Wanda Barzee, now 64, pleaded guilty testified on her own behalf? Should to them. I hope that this is not only an Mitchell have been removed from to federal kidnapping charges and cated with anti-psychotic medica- unlawful transportation of a minor 1 tions? Were the doctors correct in across state lines. In May 2010, in 9 0 federal court, she was sentenced to 9 of up to 15 years in concurrent terms prison. Smart T testified that Barzee was jealous of the attention Mitchell gave S deeming Barzee competent to stand back-to-back hearings in state and trial, while on the anti-psychotic medi- her and became angry when Mitchell medical center and treated for men- begged Smart for sex. Barzee’s seven- tal illness? Should Mitchell also be year legal process was delayed several sentenced to a federal medical center times because she was deemed for the same reason? Was justice incompetent to stand trial and refused served in these cases? These ques- medication because of her religious tions and their answers show the beliefs. However, in 2006, Third District complicated nature of administering Judge Judith Atherton ordered Barzee justice in the United States. Worth, Texas, where she can be treated for mental illness. Chapter 8 is about the administration of justice. The Mitchell and Barzee cases raise several issues about the justice process. Was the the courtroom for being disorderly? How could he exercise his Sixth Amendment right to confront witnesses against him if he was not in the courtroom? Was Judge Atherton correct in ordering Barzee to be forcibly medi- cations? Should Barzee have been offered a plea bargain in exchange for her testimony against Mitchell? Should Barzee be confined in a federal 273 boh11536_ch08_271-319.indd Page 274 26/06/11 2:24 AM user-f494 274 /202/MHSF288/pap35147_disk1of1/0078035147/pap35147_pagefiles Part Three The Courts The American Court Structure dual court system The court system in the United States, consisting of one system of state and local courts and another system of federal courts. jurisdiction The authority of a court to hear and decide cases. original jurisdiction The authority of a court to hear a case when it is first brought to court. appellate jurisdiction The power of a court to review a case for errors of law. general jurisdiction The power of a court to hear any type of case. special jurisdiction The power of a court to hear only certain kinds of cases. subject matter jurisdiction The power of a court to hear a particular type of case. personal jurisdiction A court’s authority over the parties to a lawsuit. FYI The Judicial Conference of the United States The Judicial Conference of the United States governs the federal court system. The conference is composed of 27 federal judges and is presided over by the Chief Justice of the U.S. Supreme Court. The conference meets twice a year to consider policies affecting the federal courts, to make recommendations to Congress on legislation affecting the judicial system, to propose amendments to the federal rules of practice and procedure, and to address administrative problems of the courts. Source: Administrative Office of the U.S. Courts, Federal Judiciary website, /judconf.html. The United States has a dual court system—a separate judicial system for each of the states and a separate federal system. Figure 8.1 displays this dual court system and routes of appeal from the various courts. The only place where the two systems connect is in the U.S. Supreme Court. The authority of a court to hear and decide cases is called the court’s jurisdiction. It is set by law and is limited by territory and type of case. A court of original jurisdiction has the authority to hear a case when it is first brought to court. Courts having the power to review a case for errors of law are courts of appellate jurisdiction. Courts having the power to hear any type of case are said to exercise general jurisdiction. Those with the power to hear only certain types of cases have special jurisdiction. Subject matter jurisdiction is the court’s power to hear a particular type of case. Personal jurisdiction is the court’s authority over the parties to a lawsuit. THE FEDERAL COURTSM I The authority for the federal court system is the U.S. Constitution, Article III, Section 1, which states, L “The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may E establish.” The federal court system includes the from time to time ordain and Supreme Court, the federal S courts of appeals, and the federal district courts. The federal court structure is shown in Figure 8.2. , U.S. District Courts Forming the base of the federal court structure are the U.S. district courts. These are courts of original jurisdiction, or courts where most S and civil law are first adjudicated. Today, there are violations of federal criminal 94 district courts divided into 13 circuits, with at least one federal district court H in each state, one each in the District of Columbia and the commonwealths of Puerto Rico and the Northern A Mariana Islands, and one each in the U.S. territories of the Virgin Islands and Guam. In some states, the courts are divided into N York, for example, has northern, eastern, southern, districts geographically. New and western district courts. N O Dual Court System of the United N States Figure 8.1 Federal Court System 1 9 Supreme Court of the United States 0 9 Circuit Courts of AppealsT S District Courts State Court System Appellate Court of Last Resort (usually called Supreme Court) Intermediate Courts of Appeals (not in all states) Trial Courts of General Jurisdiction (variously called district, superior, common pleas, or circuit courts) Trial Courts of Limited Jurisdiction (variously called circuit, common pleas, justice, district, or magistrate courts) boh11536_ch08_271-319.indd Page 275 26/06/11 2:24 AM user-f494 /202/MHSF288/pap35147_disk1of1/0078035147/pap35147_pagefiles Chapter 8 The Administration of Justice 275 Figure 8.2 The Federal Court Structure U.S. Supreme Court U.S. Courts of Appeals (12 Circuits) 94 District Courts (includes 3 territorial courts for Guam, Virgin Islands, and Northern Mariana Islands) U.S. Tax Court U.S. Court of Appeals for the Federal Circuit U.S. Court of International Trade M I L E S , U.S. Claims Court S H A N Two factors determine the jurisdiction of federal district courts: the subject matter of a case and the parties to a case. Federal district N courts have subject matter jurisdiction over cases that involve federal laws, treaties with foreign O nations, or interpretations of the Constitution. Cases involving admiralty or maritime law—the law of the sea, including ships, their N crews, and disputes over actions and rights at sea—also come under federal district court jurisdiction. Federal district courts have personal jurisdiction in cases if certain parties or persons are involved. These include (1) ambassadors 1 and other representatives of foreign governments, (2) two or more state governments, (3) the U.S. 9 of different states, (5) a government or one of its offices or agencies, (4) citizens state and a citizen of a different state, (6) citizens of the same state claiming 0 lands under grants of different states, and (7) a state or its citizens and a foreign country or its citizens. 9 U.S. district courts are presided over by district court judges who are T and, except for the appointed by the president, are confirmed by the Senate, territorial judges who serve 10-year terms, serve for life S (if they choose, do not resign, or are not impeached and convicted by Congress). In 2010, there were 667 authorized federal district judgeships (including 10 temporary judgeships). Several district courts, such as the district court of eastern Oklahoma, had only one judge; the southern-district court of New York in New York City had the most with 28.1 The annual salary of a U.S. district court judge is $174,000 (as of year-end 2010).2 Usually a single federal judge presides over a trial, and trial by jury is allowed if requested by a defendant. Some complex civil cases are heard by a special panel of three judges. The bulk of the workload of the U.S. district courts is devoted to civil cases, the number of which has risen dramatically in recent years, to 282,895 in 2010.3 Federal criminal cases involve such crimes as bank robbery, counterfeiting, mail fraud, kidnapping, and civil rights abuses. U.S. Court of Military Appeals U.S. Court of Veterans Appeals Army, Navy, Marine Corps, Air Force, and Coast Guard Courts of Military Review boh11536_ch08_271-319.indd Page 276 26/06/11 2:24 AM user-f494 276 /202/MHSF288/pap35147_disk1of1/0078035147/pap35147_pagefiles Part Three The Courts Figure 8.3 Code of Conduct for United States Judges Canon 1 A Judge Should Uphold the Integrity and Independence of the Judiciary Canon 2 A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities Canon 3 A Judge Should Perform the Duties of the Office Impartially and Diligently Canon 4 A Judge May Engage in Extra-Judicial Activities to Improve the Law, the Legal System, and the Administration of Justice Canon 5 A Judge Should Regulate Extra-Judicial Activities to Minimize the Risk of Conflict with Judicial Duties Canon 6 A Judge Should Regularly File Reports of Compensation Received for Law-Related and Extra-Judicial Activities Canon 7 A Judge Should Refrain from Political Activity M The Code of Conduct for UnitedIStates Judges was initially adopted by the Judicial Conference on April 5, 1973, and was known as the “Code of Judicial Conduct for United States Judges.” L Conference deleted the word “Judicial” from the name At its March 1987 session, the Judicial of the Code. Substantial revisions Eto the Code were adopted by the Judicial Conference at its September 1992 session. This Code applies to United States Circuit Judges, District Judges, S Court of Federal Claims Judges, Bankruptcy Judges, and Court of International Trade Judges, Magistrate Judges. Certain provisions of this Code apply to special masters and commissioners. , In addition, the Tax Court, Court of Appeals for Veterans Claims, and Court of Appeals for the Armed Forces have adopted this Code. Persons to whom the Code applies must arrange their affairs as soon as reasonably possible to comply with the Code and should do so in any event within one year of appointment. FYI Federal Judge Impeached For only the eighth time in U.S. history, a federal judge was removed through the impeachment process. In December 2010, the Senate convicted U.S. District Judge G. Thomas Porteous of corruption and perjury for lying during the appointment process. As a Louisiana state judge, Porteous had accepted gifts from lawyers and friends to pay gambling debts—a fact that he never denied. Porteous is the first federal judge removed from office for pre-federal conduct. Source: Michael E. Memoli, “Senate Votes to Remove Louisiana Federal Judge,” The Orlando Sentinel, December 9, 2010, A7. S H Source: Administrative Office of the U.S.A Courts, Federal Judiciary website, “Judges and Judgeships,” www.uscourts .gov/guide/voI2/ch1.html. N Until 1980, the number of Ncriminal cases in federal district courts remained relatively stable at about 30,000 a year. However, as a result of the federal O and an increase in illegal immigration cases, the government’s war on drugs number of criminal cases had N more than doubled to 78,428 by the end of 2010. The 78,428 criminal cases represented a 2% increase from 2009. About 20% of the criminal cases filed in U.S district courts in 2010 were drug cases, and about 36% were immigration cases.4 1 To ease the caseload of U.S. district court judges, Congress created the judicial office of federal magistrate 9 in 1968. The title changed to magistrate judge in 1990. As their caseloads require and as funding from Congress permits, district judges 0 to part-time or full-time positions. Magistrate may appoint magistrate judges judges handle civil consent9cases, misdemeanor trials, preliminary hearings, pretrial motions and motion hearings, and conferences in felony cases.5 The behavT is governed by a code of conduct, presented in ior of most United States judges Figure 8.3. S Circuit Courts of Appeals A person or group that loses a case in district court may appeal to a federal circuit court of appeals or, in some instances, directly to the Supreme Court. Congress created the U.S. circuit courts of appeals in 1891 to reduce the case burden of the Supreme Court. The U.S. circuit courts of appeals have only appellate jurisdiction and review a case for errors of law, not of fact. Most appeals arise from the decisions of district courts, the U.S. Tax Court, and various territorial courts (see Figure 8.2). Federal courts of appeals also hear appeals of the rulings of regulatory agencies, such as the Federal Trade Commission. An appeal to the U.S. circuit court of appeals is a matter of right—the court cannot refuse to hear the case. However, unless appealed to the Supreme Court, decisions of the courts of appeals are final. U.S. courts of appeals heard 55,992 boh11536_ch08_271-319.indd Page 277 26/06/11 2:24 AM user-f494 /202/MHSF288/pap35147_disk1of1/0078035147/pap35147_pagefiles Chapter 8 The Administration of Justice M I The 9th U.S. Circuit Court of Appeals in San Francisco, California L (pictured here), has the most judges (29) of all the circuit courts of appeals. What determines how many judges are selected E to serve on a U.S. circuit court of appeals? S cases in 2010, a decrease of about 3% from 2009. About 30% of those cases were , criminal, and another 12% were prisoner cases.6 There are currently 13 U.S. circuit courts of appeals (see Figure 8.4). Twelve of them have jurisdiction over cases from particular geographic areas. The S has national jurisdiction Court of Appeals for the Federal Circuit, created in 1982, H A N N O N Figure 8.4 The 13 U.S. Circuits 9 AK WA ME MT OR ID 1 9 0 10 9 T S ND 1 MN 8 SD NY WY 9 NV UT San Francisco AZ MI 7 IA NE St. Louis 3 IN IL PA Philadelphia OH Cincinnati Chicago Denver CO CA 2 WI 12 SC AR AL MS Washington, DC Atlanta 11 GA 5 TX DC NC OK HI Richmond 4 TN NM 13 Federal LA New Orleans 9 Washington, DC FL Northern Mariana Islands GU RI NJ DE MD KY MO Boston MA CT New York City VA WV 6 KS VT NH 1 PR VI Location of a Federal Court of Appeals 3 277 boh11536_ch08_271-319.indd Page 278 26/06/11 2:24 AM user-f494 278 /202/MHSF288/pap35147_disk1of1/0078035147/pap35147_pagefiles Part Three The Courts FYI Circuit Courts The circuit courts are so named because early in the nation’s history, federal judges traveled by horseback to each of the courts in a specified region, or “circuit,” in a particular sequence. In short, they rode the circuit. Source: Howard Ball, “The Federal Court System,” in Encyclopedia of the American Judicial System: Studies of the Principal Institutions and Processes of Law, ed. R. J. Janosik (New York: Charles Scribner’s Sons, 1987), 556. CJ Online Supreme Court Justices The Supreme Court Justices of the United States have varied biographical, legal, ...
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