Court Personnel Roles
and Functions
CHAPTER EIGHT
Defining Judicial Administration
The
day-to-day
and long range
activities of those
persons who are
responsible for the
activities and
functions of a
court
Judicial selection
The
method used to nominate, select, or elect and
install judges into office is of extreme importance
A
variety of means is used (involving partisan
elections, nonpartisan elections, merit selection, or
appointment)
Merit
A
A
selection (Missouri Bar Plan)
nonpartisan method of selecting judges
nominating commission provides names of qualified persons to the
governor, who chooses one person to serve.
FIGURE 8-1
Initial Selection Methods of State Judges
Judges: Methods of Selection
Popular elections of judges:
1.
can fail to encourage the ablest lawyers to seek
judicial posts and discourage qualified persons who
want to avoid the rigors of a campaign.
2.
may provide an incentive for judges to decide cases in
a popular manner.
3.
involve a contest in which the electorate is likely to be
uninformed about the merits of the candidates.
To solve these problems, the aforementioned merit
selection (Missouri Bar Plan) is recommended; 34 states
and the District of Columbia use this merit system
Judicial Benefits and Problems
•
•
Judges who are new to the bench commonly face three
general problems:
1.
Mastering the breadth of law they must know and
apply
2.
Administering the court and the docket while
supervising court staff
3.
Coping with the psychological discomfort that
accompanies the new position
Most new trial judges experience psychological discomfort:
▪
77% acknowledged having psychological problems
Courtroom Civility and Judicial
Misconduct
The Code of Judicial Conduct addresses judicial conduct:
requires
judges to be "patient, dignified, and
courteous to litigants, jurors, witnesses,
lawyers, and others with whom the judge
deals in an official capacity" and requires
judges to demand "similar conduct of lawyers,
and of staff, court officials, and others subject
to the judge's direction and control."
Code of Conduct for State
and Local Judges
Model
Code of Judicial Conduct
Standards
written by the ABA to assist
judges in maintaining the highest standards
of judicial and personal conduct
Judges
are to avoid "sexual advances,"
requests for sexual favors, and other such
unwelcome behavior.
Judges' Use of Electronic Social
Media Sites
A number of other states have attempted to address the question
concerning judges' use of electronic social media (ESM) sites.
The ABA has also been moved to offer guidelines on the matter.
Judges must comply with relevant provisions of the Code of
Judicial Conduct.
Judges should avoid any conduct that would undermine the
judge's "independence, integrity, or impartiality, or create an
appearance of impropriety."
Judges should assume that comments posted using ESM "may be
disseminated to thousands of people."
Judges as Court Managers
The Administrative Office of the U.S. Courts coordinates and
administers the operations of the federal courts.
In the states, judges assume three types of administrative
roles.
1. Statewide jurisdiction for state supreme court chief
justices.
2. Local jurisdiction
A
trial judge is responsible for administering the operations of his or her
individual court.
3.
Presiding or chief judge
Supervising
several courts within a judicial district
Trained Court Administrators
A relatively new criminal justice position that began to develop
earnest during the 1960s.
Since then, the number of practicing trial court administrators has
increased tenfold.
By the 1980s, every state had a statewide court administrator.
The four primary functions of state court administrators are:
Preparing
annual reports
Summarizing
Preparing
caseload data
budgets
Troubleshooting
General Duties
•
Court administrators generally perform six kinds of duties:
1.
Reports
2.
Personnel administration
3.
Research and evaluation
4.
Equipment management
5.
Preparation of the court budget
6.
Training coordination
Jury Administration
Court administrators ensure that a jury is properly composed
and sustained prior to and during trials – for initial jury
selection, sequestration, comfort, and notorious cases.
Other considerations include: security issues (protecting the
jury from outside interference and providing for conjugal visits,
room searches, transportation, and so on) as well as jurors'
personal needs (such as entertainment and medical supplies).
Notorious cases: civil or criminal trials involving celebrities or
particularly egregious crimes that require attention to jury
selection and trial procedures; they can cause problems for
judges and court administrators
Current Issue in Cook County:
Pre-trial detention and $$ bail
Why are so many people locked up in Cook County jail today?
Another example- one woman was held for 14 months when she
couldn’t pay 10% of her $250,000 bail
What happens to the presumption of innocence?
Reform in 2017→ Judge Evans ordered his judges not to set bond
higher than people can pay (if no threat to public safety)
The System Responds
Tinkering with one part of the system leads to a ripple effect
Remember Sheriff Tom Dart? He is not happy about this
He has had to deal with staffing and resource cuts since the population
in the jail has started to shrink
He publicly criticized the measure, citing “public safety concerns” about
those who commit gun crimes being released
Dart is now detaining people to hold them for a review period and the
jail population decline has stalled
Discussion Questions
Can you think of other issues that could be reformed or resolved by
implementing new/different policies or training at the judicial level?
Drug law disparities?
Under-prosecution of interpersonal violence crimes?
Nickel and diming of populations through repeated minor traffic stops
(think about the Ferguson report)?
What kind of training should judicial administrators undergo?
What do you think is the best system for selecting judges (elections,
merit)?
COURT ORGANIZATION AND OPERATION
Chapter Seven
THE ROLE OF THE COURTS
• To
provide justice, or the appearance of justice→ legitimacy
• To provide a fair hearing
• To administer justice via the adversarial system→ two opposing sides
present their arguments in court
• Lawyers provide their clients with zealous representation
• Plea bargaining is standard
• Issues with racism and policing
• Inequality of resources
Dr. Christine Blasey Ford
Justice Brett Kavanaugh
A DUAL COURT SYSTEM
•An organizational distinction between courts, with a federal
court system and 50 individual state court systems
•Federal Courts:
•The U.S. Supreme Court
▪Composed of nine justices
•One chief justice and eight associate justices
•Nominated by the president and confirmed by the
Senate; serve for life.
▪The Court hears cases that concern an issue of constitutional or
legal importance, and where the party bringing the case has
standing.
▪Court chooses the cases they will hear by rule of 4
SUPREME COURT DOCKET
•Decisions are typically announced over the summer
•Some recent notable cases (from the 2017 docket):
• Trinity Lutheran v. Comer- a church-run pre-school was entitled to a state grant
• Trump v. International Refugee Assistance Project- approved Trump travel ban 3.0
• Cooper v. Harris- struck down NC districting, calling it racial gerrymandering
• Janus v. AFSCME- struck down IL Fair Share Laws (and all such laws) making the country
right-to-work
INTERMEDIATE COURTS OF
APPEALS
*ICAs exist in both the federal and state court systems that hear appeals,
organizationally situated between the trial courts and the court of last resort
*In most states, they hear both civil and criminal appeals.
*Like their federal counterparts, state ICAs can use rotating three-judge panels.
*ICAs engage primarily in error corrections; they review trials to make sure that the
law was followed.
U.S. DISTRICT COURTS
*94 in number, of which 89 are located within the 50 states.
*There is at least one district court in each state (some states have more,
such as California, New York, and Texas, all of which have four).
*The president nominates district judges, who must then be confirmed by the
Senate; they serve for life unless removed for cause.
*The U.S. district courts are the federal trial courts of original jurisdiction for
all major violations of federal criminal law.
JUDICIAL CONFERENCE OF
THE UNITED STATES
*The administrative policymaking organization of the federal judicial system
*Its membership consists of the chief justice, the chief judges of each of the courts of
appeals, one district judge from each circuit, and the chief judge of the Court of
International Trade.
*Administers the judiciary budget and makes recommendations to Congress concerning
the creation of new judgeships, increase in judicial salaries, revising federal rules of
procedure, and budgets for court operations
*Plays a major role in the impeachment of federal judges.
STATE COURTS OF LAST
RESORT
AND APPEAL
Court of last resort
That court in a given state that has its highest and final appellate
authority
Have limited original jurisdiction in dealing with matters such as disciplining lawyers
and judges.
Policymaking role apparent in deciding death penalty cases—which, in most states,
are automatically appealed to the state's highest court
The state supreme courts are also the ultimate review board for matters involving
interpretation of state law.
TRIAL COURTS
*Courts of original jurisdiction (or "first instance") where evidence and
testimony are first introduced and findings of fact and law are made
*There are an estimated 2,000 major trial courts in the 50 states and
Washington, D.C., staffed with more than 11,500 general-jurisdiction
judges.
*The most common names for these courts are district, circuit, and
superior.
*Each court has its own support staff consisting of a clerk of court, a
sheriff, and others.
*In most states, the trial courts of general jurisdiction are also grouped
into judicial districts or circuits.
ORG. STRUCTURE FOR A COUNTY
DISTRICT COURT SERVING A POP.
OF 300,000
LIMITED JURISDICTION:
LOWER COURTS
Inferior courts
The lowest level of state courts, normally trial courts of limited
jurisdiction
There are more than 13,500 trial courts of limited jurisdiction, with about
18,000 judicial officers. They constitute 85 percent of all judicial bodies
in the United States.
Variously called district, justice, justice of the peace, city, magistrate, or
municipal courts, the lower courts decide a restricted range of cases.
These courts are created and maintained by city or county governments.
The workload of the lower courts can be divided into felony criminal
cases, non-felony criminal cases, and civil cases.
UNIFICATION,
CONSOLIDATION, REFORM
•Court unification
▪Reorganizing a trial court's structure, procedures, funding, and
administration so streamline operations, better deploy personnel, and
improve trial and appellate processes
•To be truly centralized or consolidated, a state's court system should have
at a minimum:
1. Consolidation into a single-tier trial court
2. Rule-making authority
3. Centralization of administration
•Unification includes a centralized budgeting by the state judicial
administrator
THE INFLUENCE OF COURTS
IN POLICYMAKING
Policymaking
Establishing rules, principles, or guidelines to govern actions by
ordinary citizens and persons in positions of authority
The U.S. Supreme Court has dramatically changed race relations,
overhauled juvenile courts, increased the rights of the accused,
prohibited prayer and segregation in public schools, legalized
abortion, and allowed for desecration of the U.S. flag.
The nation's courts have had major impact in the prisons—from
which nearly 60,000 prisoner petitions are filed each year in the
U.S. district courts.
THE INFLUENCE OF COURTS
IN POLICYMAKING
• Courts are also involved in public-interest litigation
• While it may appear that the courts are too broad
in their review of issues, judges "cannot impose
their views until someone brings a case to court.“
• Thus it is said that the judiciary is the "least
dangerous branch," having no enforcement powers.
Erving Goffman
The Presentation of Self In
Everyday Life
Erving Goffman
⚫
⚫
⚫
⚫
⚫
We are all actors within the Social World, a central
theme from Goffman work.
In a sense, we are call “Fakers” or engaged in a “Con
Job” on ourselves to effect other people.
Goffman argues that the self is simply nothing more
than “Self Presentations” and “Role Performances.”
Social life as a theatre, with social scripts, performances
and actors & roles that perform in the Front and Back
Regions of self.
The concept of depicting social life as a Theatre,
Goffman developed the term Dramaturgy.
Dramaturgy
⚫
What is Dramaturgy
⚫
Dramaturgy is Impression Management
Social interactions is like a stage, the self promotes scenery
Moreover, that scenery is divided into two regions, the Front and
Back Regions.
⚫
⚫
Regions
⚫
⚫
⚫
By definition regions may be defined as any place that is bounded to
some degree by barriers to perception
When we talk about the Dramaturgical Approach to the Social World
the self is divided by perception.
The perception of the “Front Stage” and “Back Stage,” also known
as the Front and Back Regions of Behavior
Front Region
⚫
⚫
⚫
⚫
This Refers to a place where the performance is given.
In this regions the actor engages in, and performs his/hers role for
the audience.
While the Self is in the Front Region of behavior the performance of
the individual embodies certain standards.
Standards of the “Matters of Politeness” and “Decorum.”
“Matters of Politeness”
⚫ Relates to the way in which the performer treats the audience while
engaged in talk or gestural interactions.
Decorum
⚫
⚫
Refers to a set of behaviors that have to do with the way the
performer conducts himself in the visual or audio range of the
audience
Decorum has two sub-groupings referred too as the “Moral” and the
“Instrumental’
1) Moral
⚫ Moral Requirements refers to rules regarding non-interference and
non-molestation of others.
Ex: Sexual Propriety, and rules regarding sacred places etc.
2) Instrumental Requirement
⚫ Refers to duties that are task oriented and secular
Ex: An employer might demand his employees to care of property or
engage in maintenance within work areas.
Back Region
Def: A back region or backstage may be defined as a place, relative
to a given performance, where the impression fostered by the
performance is knowingly contradicted.
⚫ This area is where the suppressed facts make an appearance.
⚫ Here the performer can relax; he can drop his front, relinquish
speaking his lines, and step out of character.
⚫ It is here where illusions and impressions are openly constructed.
⚫ The back region is a place where the performer can reliably expect
that no member of the audience will intrude.
⚫ The back region or back stage is kept closed from the audience, the
entire region is meant to be kept hidden.
Ex: Perfect examples of back stage regions are kitchens within
restaurants, this area is not meant for customers to enter.
⚫
Transition
⚫
⚫
⚫
In between the Front and Back Region, there is a phenomenon
called the “Zone of Transition”
Goffman argues that this is one of the most interesting times to
observe impression management
At these in between moments one can detect a interesting putting
on and taking off of character.
However there is a Third Region
⚫
⚫
Apart from Front and Back Stage there is a third region
within the ideas of Dramaturgy.
This Region is called “The Outside”
“The Outside”
The Outside region is a residual one, everything that is
not covered in the Front or Back Regions are in “The
Outside.”
⚫ Those individuals who are on “The Outside” of the social
interactions we may call outsiders.
⚫ If we shift our considerations from the front or back
region to the outside, we tend to shift our reference
from one performance to another.
⚫
Discussion Question
⚫
If we take the Dramaturgical approach in
an attempt to define “The Self” what
would we conclude? And can we relate our
conclusion with the ideas from Post
Modernism?
Impression Management
⚫
⚫
Impression Management implies that there are attributes that are
required of a performer in successfully staging a character.
The Performer must Act with “Expressive Responsibility”
Expressive Responsibility
⚫ Illustrates the idea that actors must consciously choose the manner
in which they behave and interact with others
⚫ It is Imperative that the audience understand that a performer is
“Acting” his part and that is does not necessarily reflect the
dispositions an individual may hold privately.
However, What happens when an
actor makes a mistake and
reveals true intentions of the
performance?
⚫
⚫
The Answer to the Question: Is that Unintentional Disruptions can
occur.
Unintentional Disruption are a source of embarrassment and
dissonance for the performer, these disruptions are seperated into
three catagories, unmeant Gestures, inopportune Intrusion and faux
pas.
Unmeant Gestures
These are inadvertent acts that convey an impression that is
inappropriate at the time.
⚫ The individual held responsible for contributing an unmeant gesture
may chiefly discredit his own performance
Ex:
⚫
Inopportune Intrusion
This Occurs when an outsider accidentally enters a region in which a
performance is being given or when a member of the audience
inadvertently enters the backstage.
Ex: An example of this, is when a student walk into the classroom
while the professor is giving a lecture. We have Inopportune
Intrusion (this coming from the outsider approach)
Ex: Another example is when a customer runs into the kitchen of a
restaurant where the chefs resides. We have another Inopportune
Intrusion (from an audience approach)
⚫
Faux Pas
⚫
⚫
Def: As Disruptions in projections of the self
These facts may involve well-kept dark secrets or negatively-valued
chacteristics that everyone can see but no one refers too.
When such facts are introduced, embarrassment is the usual feeling
Ex: An example is when Raphael Palmero was conducting an interview
and a journalist bought up his use of anabolic steroids.
⚫
Gaffes & Boners
⚫
Are types of Faux Pas where a performer unthinkingly makes an
intentional contribution which destroys his own team image
Bricks
⚫
Here, a performer jeopardizes the image of self projected by the
other team.
Discussion Question
⚫
If we are nothing more than “Fakers”
within the social world, and assuming
impression management is how we
navigate through social interactions, then
one asks the question is society real?
STRUCTURE OF A RESEARCH PAPER
1) Introduction (What problem were you investigating and why?)
2) Method (What procedures did you employ?)
3) Results (What did you find?)
4) Discussion (What do your findings mean? Where do we go from here?)
5) Summary or Abstract (A brief summary of points 1 through 4) - Goes first in report
6) References (An alphabetical list of books and articles cited in the report)
7) Appendix (Optional) (Copies of questionnaires, scales, or stimulus materials used
in the research or tables of data too extensive or too peripheral to include in the
body of the report)
STRUCTURE OF A RESEARCH PAPER
Introduction begins broadly
"Humanity has long been thought of as
basically evil"
It becomes more specific
"Aggression has been seen as innate;
altruism, as learned"
And more so
"But studies of various animal species
show that altruism often occurs
And more so
"Indeed, Brewer reports that worker ants
often sacrifice their own lives in order
Until ready to intro your own thesis
Broadens out again
"Clearly we need a more symmetric
approach to anti- and prosocial behaviors
And again
"Humanity, then, can be viewed as both
evil and good; both predestined and free;
capable of great sin, but capable of great
goodness as well
PURPOSE OF A LITERATURE REVIEW
Summarizes and evaluates existing knowledge on a topic
Produces an opinion on the state of the literature→ this
is your thesis
The study question narrows down progressively
*The information presented in these slides is adapted from The Literature Review, by
Machi &McEvoy (2009)
DEFINITION
“A literature review is a written document that presents a
logically argued case founded on a comprehensive
understanding of the current state of knowledge
about a topic of study. This case establishes a
convincing thesis to answer the study’s question.”Machi & McEvoy, 2009 (p. 4)
SEARCH THE LITERATURE
Winnow info to data that gives the strongest evidence to support
your thesis
Preview, select, and organize the data
Need to skim, scan, and map the data
MAPPING THE RESULTS ADAPTED FROM MACHI & MCEVOY P. 49
Sub concept 1
Element 1
Sub concept 2
Core
idea
Sub concept 3
Element 2
DEVELOP THE ARGUMENT
Arrange your claims logically
Constructing a body of evidence (scaffolding)
Communicate what is known about the topic
REVIEWING PREVIOUS WORK
Cite only the articles, sources pertinent to the specific issues that you are dealing with
in your study.
Emphasize their major conclusions, findings, or relevant methodological issues and
avoid unnecessary detail.
If someone else has written a review article surveying the literature on your topic,
refer readers to it and present its most important points only.
Even if you must describe an entire previous study, try to condense it as much as you
can without losing clarity.
It is hard to write this way and you must rewrite many times to make sure you are
clear and succinct.
CRITIQUE THE LITERATURE
Interpret current understanding of topic
What gaps or questions remain to be answered in the literature
(there will likely be many!)
What do people consistently overlook or leave out (e.g. groups of
people whose experience is overlooked?)
BUILDING YOUR ARGUMENT
Arguments of discovery (laying out the facts) lead to your argument of
advocacy (the conclusion that can be drawn from the facts)
Convince the reader based on solid evidence
Argument = reason A + reason B + reason C…Conclusion
For more info on types of arguments, read Chapter 3 in Machi & McEvoy
WRITE THE REVIEW
Consider your audience (other scholars, researchers, funders.
Government)
Writing→Auditing→Editing process before the final product
“Writing is re-writing”
Assess the structure and flow of your evidence
INTRODUCTION
First task of the report is to introduce the background and nature of the
problem being studied.
You must place your question, whether basic or applied, into a larger context
so readers know why it is of any general significance.
The same is true if your study was designed to contribute to some aspect of
criminological theory. In this case, you must summarize the theory or
conceptual framework within which you are working.
An intelligent nonprofessional should be able to grasp the nature of the
problem and understand why someone should care about it.
WRITING THE LITERATURE REVIEW
•
•
•
•
•
Cite books and articles whose contents/ideas/findings you are writing about
in the text of the report by giving the author's last name and date of
publication. EX: According to Sampson (1990), criminals are....contrary to the
findings from other studies (Johnson, 1970; Karp, 1980).
Don't use footnotes for references or citations.
This may vary according the style followed by the journal you are sending an
article to and specifications or what style the journal follows are stated in
instructions to authors found in recent issues of the journal for those planning
to submit manuscripts.
We are dealing with APA style here, other journals in sociology may use
Chicago Style.
As you come to the end of the introduction, it is often useful to introduce your
own study in a brief overview. Don't discuss procedural detail here, just
provide a smooth transition into the method which comes next.
RULES OF THUMB
•
Write in English prose, not psychological or sociological jargon
•
Don't plunge the unprepared reader into the middle of your problem
or theory. Take the time and space needed to lead the reader up to
the formal statement of the problem step by step
•
Try to open with a statement about human behavior, not the
behavior of social scientists or their research
•
Use examples to illustrate theoretical points or to help introduce
theoretical or technical terms. The more abstract the theory, the
more important such examples are
WRITING STYLE
•
Good scientific writing should be clear and accurate.
•
Work from an outline - organize your points in outline form to make sure
they are in logical order. Start with the results.
•
Write simply, use examples, and use friends as reviewers.
•
Nonprofessionals should be able to read your report and understand
what you did and why even if they know nothing about statistics,
research design, or the substantive period of your research problem.
•
Minimize use of jargon and use frequent examples to illustrate concepts.
The more abstract your participant, the more you need examples to tie it
to the reader's knowledge and experience.
WRITING STYLE
Person and voice - although the 3rd person passive voice used to be used always it is
now possible to use first person and active voice. Do not refer to yourself as the
author or investigator or "we" unless there are 2 or more authors.
You can use "I" sparingly, you want the reader's focus to be on the participant matter
not you. Leave the reader in the background and don't refer to them directly.
Tense - use past tense referring to previous research of others, use present tense for
results of your current study and for conclusions that are more general than
specific results.
Gender - Do not use generic masculine pronouns, say the individuals or he or she,
him or her if needed. Readers must be told of gender of experimenters,
observers, participants, and participants. Use male pronouns to refer to males
and female pronouns to refer to females. Avoid sexist language, racist,
homophobic, classist language and/or stereotyping in your writing and the
assumptions you are communicating. Use THEY pronouns when speaking
generally.
GOOD WRITING HABITS
• Read over your own writing, trying to take the viewpoint of an
intelligent but nonprofessional reader.
• Have a friend read it and if they cannot understand it, it is not
clear and needs rewriting.
• Be compulsive and willing to restructure.
• Rewriting multiple times and reorganizing may be needed to
make the report clear and logical.
• You must be willing to tear apart a first draft and rework it
entirely.
REFERENCES
• All books and articles cited in the text of the report are
listed at the end of the report under a heading
"References."
• They are arranged alphabetically according to author's
last name, which parallels the way in which they are
cited in the text.
WRITING RESOURCES
Publication Manual of the APA (2010)
Strunk & White’s The Elements of Style (1979)
The Owl at Purdue
YOUR PAPERS NEED TO FOLLOW APA STYLE
EXAMPLES
American Psychological Association. (2010). Publication Manual of
the American Psychological
Association, 6th ed., Washington, DC: Author.
Becker, Howard S. (1986). Writing for Social Scientists: How to Start
and Finish your Thesis,
Book, or Article. Chicago: University of Chicago Press.
Strunk, William, Jr., & White, E.B. (1979). The Elements of Style. New
York: MacMillan.
Machi, L., & McEvoy, B. (2016). The Literature Review: Six Steps to
Success. Corwin Press.
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