Chapter 9

Summary:
Formal courts and law appeared in the colonies as they grew based on the English Parliament example.  A dual court system was established and décor and decorum were created relating to the court system.  The outcome of a trial may seem as thou justice has been served to one party while the other believes differently; therefore, justice is in the eye of the beholder.  The United States has an adversarial legal system in which it is a contest between two opposing sides,  with a judge sitting as an impartial arbiter, seeking truth.  Courts influence policy making by the various court decisions they hand down, including decisions made concerning prisons.  The majority of cases begin in trial courts, or lower courts.  Pretrial processes include booking, initial appearance, bail, and a preliminary hearing.  Charges can be brought against a suspect by a prosecutor or grand jury.  Pretrial processes also include arraignment, plea negotiation or bargaining, jury trials, pretrial motions/processes, discovery, and diversion programs.  The Speedy Trial Act of 1974 was enacted to ensure compliance with the Sixth Amendment’s provision for a speedy trial by requiring that a federal case be brought to trial no more than 100 days following the arrest.  State courts include the courts of last resort and intermediate courts of appeal.  The Federal Courts is a dual court system with the U.S. Supreme Court, U.S. Court of Appeals, and U.S. District Courts.

Objectives:

• Define what is meant by the terms decor and decorum, as they relate to the courts
   
• Explain the methods and purposes of the adversarial system
   
• Describe the influence of courts on policy making
   
• Explain the kinds of jurisdiction that courts possess
   
• Describe trial courts of general and limited jurisdictions
   
• Relate the activities that occur during the pretrial process as attorneys prepare for trial
   
• Explain the gravity of a defendant’s right to a speedy trial—and what can happen when this right is denied
   
• Distinguish advantages and disadvantages of plea negotiation
   
• Review why our jury system exists, and how a jury is formed
   
• Delineate the entire trial process, from opening statements through conviction and appeal
   
• Describe the organization and operation of our dual— federal and state—court system
   
• Review the nature of international law and the International Court of Justice
   
• Delineate the role and some of the traditions of the U.S. Supreme Court

Outline:

• Trial process
   
  • All of the steps in the adjudicatory process, from indictment or charge to conviction or acquittal
     
• Federal court system
   
  • The four-tiered federal system that includes supreme courts, circuit courts of appeal, district courts, and magistrate courts
     
• Colonial Courts: An Overview
   
  • Formal courts and law appeared in the colonies as they grew
     
• Inside the Courts: Décor, Decorum, Adversaries
   
  • Hallowed Places
     
  • Justice in the Eye of the Beholder
     
  • Seeking Truth in an Adversarial Arena
     
  • The Influence of Courts in Policy Making
     
• Where the Vast Majority of Cases Begin: Trial Courts
   
  • General Jurisdiction: The Major Trial Courts
     
  • Limited Jurisdiction: Lower Courts
     
• Making Preparations: Pretrial Processes
   
  • Booking, Bail, Initial Appearance, Preliminary Hearing
     
  • Charging by Prosecutor or Grand Jury
     
  • Arraignment
     
  • Plea Negotiation or bargaining
     
  • Jury Trials
     
  • Pretrial Motions/ processes
     
  • Discovery
     
  • Diversion Programs
     
• The Trial Process
   
  • Right to a Speedy Trial: “Justice Delayed…”
     
  • Trial Protocols
     
• State Courts
   
  • Court of last resort
     
  • Intermediate courts of appeal
     
• The Federal Courts
   
  • A Dual Court System
     
  • U.S. Supreme Court
     
  • U.S. Courts of Appeals
     
  • U.S. District Courts