Legalsyst US


An Overview of the Court System in the United States

The justice system in the United States is one of the most unique in the world. It consists of two separate levels of courts, state and federal, that can peacefully co-exist under the concept of federalism . The type of court that a case is tried in depends on the law, state or federal, that was allegedly violated. Most of the laws that govern our day-to-day living are state laws; violations of federal law include offenses involving federal government employees, crimes committed across state lines (for example, kidnapping or evading arrest), and fraud involving the national government (such as income tax or postal fraud).

There are two types of trials: criminal and civil. In a criminal trial, the government is prosecuting an individual for an offense that threatens the security of individual citizens or society as a whole. Usually, criminal trials involve actions taken as a result of malicious intent, although cases of extreme negligence can also be considered criminal. Civil trials are disputes between two parties. In both instances, the person that charges are being brought against is the defendant; in criminal trials, the government ("the State of New Jersey", "the United States of America", depending on the law violated) is the prosecution - in civil trials, the party initiating the action is called the plaintiff.

Although each state is free to arrange its own court system (within certain constituionally defined boundaries), most states justice systems have several features in common. The lowest level court in trials where state law is alleged to have been violated is the trial court (sometimes referred to as Superior Court or Supreme Court Trial Division). This is the only court with the power to determine the actual facts involved in a case (usually done by a jury). If either party involved in the case feels that the trial judge made an error in one of his rulings (either including or excluding a certain piece of evidence, making a bad call on an important objection), they can appeal, or bring the case to a Court of Appeals (or Supreme Court Appellate Divison in some states). Whereas trials are focused around the testimony of witnesses concerning their actions or observations, appeals feature two attorneys attempting to convince a panel of five judges that the law favors their side. The only issue in a Court of Appeals is whether or not correct trial procedure was followed; attorneys prepare written briefs citing historical precedents and rulings to persuade the panel of judges to rule in their favor. If unsatisfied with the appellate court's ruling, a party can ask for a Writ of Certiorari, which is essentially an appeal to the state Supreme Court. The Supreme Court Justices have the option of whether or not they wish to hear the case; four Justices must vote to hear it in order to have it brought before the Court. Out of the approximately 5,000 cases each year appealed to the United States Supreme Court, it actually hears between 100-125 of them. The procedure at this level is similar to that at the appeals court; each attorney addresses the panel of Justices, which can interrupt at almost any time with questions.The ruling of the U.S. Supreme Court is final, though a future Court may overturn that decision (such as Plessy v. Ferguson).

In cases on the federal level, the action again begins at federal trial courts. Cases can be appealed from there to the U.S. Circuit Court of Appeals, of which there are 13 throughout the country. Rulings of this court can again be appealed to the Supreme Court. As one might imagine, this entire process can be quite costly. One of the primary reasons that parties in a case might appeal their case to the Supreme Court is because they feel that the law which they violated was unconstitutional. The United States Supreme Court alone has the power to strike down Federal or state laws that it finds to be contrary to the United States Constitution. In that sense, the judicial system is the guardian of civil liberties in America.

Constitutional Rights Applying to Trials

Fourth Amendment - prohibits unwarranted searches and seizures by the government

Fifth Amendment - protects against self incrimination

Sixth Amendment - guarantees a speedy, fair trial before a jury of one's peers.

Eighth Amendment - prohibits cruel and unusual punishment

In the interim between arrest and trial, the prosecutor's office ensured that they would be ready to win a conviction. They interviewed all the witnesses that they intended to call many times, attempting to anticipate weak points that would be brought out on cross examination. They also reviewed their own knowledge of the laws relating to this case to ensure that they would not be thrown off by some technicality or obscure legal ruling.

The voir dire was one of the most important pretrial sessions; during this hearing, the jurors that would decide the fate of Assemblyman Donald Richards would be chosen. Approximately fifty people were seated in the benches reaching from the door to the bar. Walking down the aisle, Evans seated himself at the table closest to the jury box, across from defense attorney Bill Mitchell. They had previously submitted to the judge the questions that they would like put to the jurors in order to minimize potential bias. When the hearing started, the court's bailiff escorted the first fourteen people in the benches to the jury box. A panel of fourteen jurors was to be selected; at the end of the trial, two jurors will be removed as "alternates" The alternates are not specifically designated as such beforehand to ensure that they pay attention during the trial; using this system, any two people on the jury could be excused from returning a verdict.

Most of the questions were standard; the jurors were asked if they knew, on a personal or professional basis, any of the attorneys, witnesses or other parties directly involved in the case. Inquiries were made as to past criminal records, or intense feelings towards law enforcement. None of the jurors had answers that caused their removal. The prosecutor had the judge ask them whether or not their political leanings would play a role in their decision. Again, none of the jurors raised their hands.

There are two ways that a juror might be removed. The attorney might make a challenge for cause , or exercise a pre-emptory challenge. With a challenge for cause (these are unlimited), the attorney is forced to show that the juror has a definite bias. The pre-emptory challenges (of which each side only has a limited number) can be used to have any of the jurors removed. This allows the lawyers to eliminate jurors who give them "a bad feeling." As Evans and Mitchell both began exercising their pre-emptory challenges, excused jurors were replaced with the people sitting in the benches. When the jury was satisfactory to both sides, the judge thanked everyone who participated, and left the chamber. The next time that the attorneys would see each other would be the day of the trial.

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On the trial's first day, the stately courtroom had no empty seats. Everyone seemed to be looking at the defendent, clad in an expensive suit and surrounded by three high-powered attorneys. The pair of prosecutors had briefcases scattered all over their table, overflowing with affidavits, files, and photos. The defense team had two laptop computers to aid them in their "quest for justice." The hum in the courtroom subsided as the clerk stood up.

"All rise, court is now in session... The Honorable Kevin Williams presiding."

Everyone stood up as the imposing, gray-haired man in the black robe entered from a side doorway. He strode up to the majestic judge's bench, and sat down.

"Be seated." he ordered.

"Case number 96-344042, State of New Jersey v. the Honorable Donald Richards." the clerk read before sitting down.

"Are counsel ready to proceed?" asked the judge. When attorneys from both sides stood and affirmed that they were, he indicated that the prosecution should begin with its opening statement. The prosecutor walked around to the front of his table, addressed the judge, and then the jury.

"Your Honor, members of the jury. My name is Robert Evans, and along with my assistant Trisha Williams, I will be representing the people of the State of New Jersey in the prosecution of Donald Richards for kidnapping, accepting a bribe, and first degree murder. A public trust is one of the most important gifts that we, as Americans, can bestow upon a citizen. By electing a person to public office, we expect that they will act in our best interests, and hold themselves to the highest standards of integrity. As the facts that you hear over the next few days will clearly show, the defendent, Assemblyman Donald Richards, did not even hold himself to the lowest standards of honesty and decency. He accepted illegal campaign contributions from local corporations and companies. When one of his workers, twenty-two year old Juliann Boyle, discovered this, he immediately fired her. Afraid that she might reveal his secret to the public, he invited her out to dinner, and abducted her against her will. Once she was in his power, he wrapped a piece of cord around her neck and tightened it, despite her desperate please for mercy, until she couldn't breathe. He then flung her limp body to the ground, and shot her, repeatedly in cold blood, with his gun, which he disposed of. He left her for dead along a dusty, lonely road. Members of the jury, Donald Richards sits here before you today hiding behind your very trust which he betrayed. For the sake of the memory of Juliann Boyle, find him guilty of the crimes he committed."

As the prosecutor returned to his seat, the lead defense attorney rose to tell his side of the story. "Your Honor, ladies and gentlemen of jury. I am Bill Mitchell. My associates, Todd Kerning and Paul Weber, will be representing Assemblyman Donald Richards against these outlandish charges. We've heard about the tragedy of Juliann Boyle's death. She was strangled and shot. Yet the prosecution does not offer the cord that my client allegedly used. And the prosecution does not offer the gun that my client allegedly fired. In short, the prosecution is trying to coerce you into using your anger and emotion over the untimely death of a young, innocent girl, to convict the Assemblyman. Donald has done nothing but good for the people of this legislative district throughout his illustrious seventeen year career. You will hear of his good character, and you will also hear the conspicuous silence of any direct evidence linking my client to the murder. The prosecution has the burden to prove to you beyond any reasonable doubt that my client is guilty. The lack of evidence that will be presented before you over the next week will more than create that doubt in your minds, and you will be left with no alternative but a verdict of not guilty. Thank you."

Legal Terminology

If you came here from the story, click on the button in your browser's menu bar to return.

All terms here are taken from a variety of legal dictionaries (cited in the acknowledgements section) and reworded into laymen's terms. At least three dictionaries were consulted for each word in order to compile the most complete definition possible.

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affidavit - a sworn, written statement

appeal- petitioning a higher court to review a case to reverse errors made at trial

arraignment- bringing a defendant before a judge to allow him or her to hear the charges that were filed and make a plea

arrest- the official detention of a person for a criminal trial

bail - money or property temporarily surrendered to the government by a defendent who will be released until trial to ensure that he or she will not flee the jurisdiction.It is returned to the defendent upon the trial's conclusion.

Bill of Rights - the first ten amendments to the U.S. Constitution; they secure several of the most important rights of American citizens.

book - to formal, clerical aspect of an arrest. During "booking", several forms are filled out containing the defendent's personal information and a description of the possessions he or she was carrying at the time of arrest. certiorari - petitioning the Supreme Court to hear an appeal

charge- an accusation of guilt; usually the first step in a criminal prosecution

Constitution- the document that defines the United States government. It also sets forth certain inalienable rights of American citizens. The Constitution delimits the specific powers of each branch of the federal government, and sets forth their duties.

cross examination - the period of questioning in a trial when the lawyers of one side interrogate a witness from the opposing side

defendant- party against which a case is brought in a criminal or civil trial.

defense attorney - counsel employed to represent a defendent

direct examination- period of questioning in a trial when the lawyers of one side question their own witnesses

due process - guarantees and procedures built into the legal system into safeguard the civil rights of individuals.

exclusionary rule - the provision that the Supreme Court has interpreted to exist in the Constitution that prohibits evidence obtained by means of an unlawful seizure from being admitted in a court of law

execution - termination of human life by the government as punishment for a crime

federalism- the sharing of powers and responsibilities between the country's government as a whole (the federal government) and individual state governments.

foreman - the jury members who speaks for the body as a whole

grand jury - a panel which receive complaints and accusations of crimes, hears preliminary evidence , and hands down indictments

habeas corpus - a judicial order, demanding someone to be present in court to determine if they are legitimately being detained

hung jury - a jury which cannot agree on a specific verdict

indictment - a formal accusation returned by a grand jury

information - a formal accusation that is filed when an indictment is unneccesary because a public official formally accuses the defendant (usually a corporation)

judge - the public official who presides over trials and rules on points of law that come into question during trial

jury - a group of unbiased persons who determine the facts of a given case

larceny - any type of stealing

litigation - a lawsuit

mistrial - when the judge declares a legal proceding to not be a trial because of a major defect or gross error

mitigating circumstances - facts that do not justify or excuse a crime, but lessen the amount of moral blame

murder - when a person of sound mind (of sufficient age to create a criminal design and legally sane) kills any human being in the peace of the nation (excluding military actions) without a warrant of justification, and with malice aforethought, express or implied

plaintiff - the side bringing civil charges against another party

prison - a public institution detaining criminals serving long-term incarcerations

prosecutor - public official who presents the government's case against a person accused of a crime

search and seizure - the act of law enforcement officers surveying a crime scene and taking into custody any contraband or evidence which has bearing on the immediate case

smuggling- secretly bringing illegal or taxable goods into a country

testify - to give evidence under oath

trauma - an injury to the body caused by an external blow

voir dire - the examination of possible jurors by the judge and attorneys to determine if the jurors will be acceptable for the trial (unbiased)

warrant - written permission given by a judge to a police officer to search a house, etc. Warrants can only be given based on probable cause, as evidenced by an affidavit completed by the law enforcenment official

Informational Video

Faces of Justice
29.7 mb | 12 minutes

Trial Courts: The Players in the Courtroom

Terms hyperlinked in bold will display a definition of the term when clicked.

When a case actually goes to trial, there are many people involved and each plays an important role in the court process. A trial revolves around an argument involving two or more people. The people who bring their argument to trial are called the parties to the case. In a civil trial, one person is complaining about something another person did or failed to do. The person who does the complaining is called the plaintiff. The person the plaintiff is complaining about is called the defendant. In a criminal case, a person is accused of a particular act, which the law calls a crime, such as murder or robbery. Because this crime offends not only the particular victim, but the public or State as well, the plaintiff in a criminal case is the government or State. The person accused of the crime is the defendant.

Requirements for the Courtroom's Players

Lawyer Requirements. Becoming a lawyer usually requires a college degree and a degree from law school. Then, in almost all states, the graduate must pass a rigorous test, called the bar exam, to get a license to practice law. A license to practice law in Indiana was not required until 1931!

Judge Requirements. The primary requirement for someone to become a judge is that they have a law degree and be a licensed attorney. Most judges usually practice law first to gain more experience and knowledge about the law. But there are some exceptions. There are some city and town courts in Indiana where the local judge does not have to be an attorney to be a judge.

Fun Fact. Only the local judges of the following city and town courts must be attorneys: Anderson City Court, Avon Town Court, Brownsburg Town Court, Carmel City Court, East Chicago City Court, Gary City Court, Hammond City Court, Muncie City Court, Noblesville City Court, and Plainfield Town Court.

Lawyer/Attorney
Usually both parties will hire lawyers and instruct them to prepare the case and make arguments for them in court. A lawyer is both an advisor and an advocate. As an advisor, a lawyer informs clients about their legal options. As an advocate, a lawyer represents a client in court. A lawyer also advocates (argues) on behalf of clients in other settings, such as resolving disputes out of court. All lawyers are officers of the court. Lawyers are highly regulated by court rules, as well as by law and the professional ethics rules. If a lawyer is representing a client, the lawyer is bound by professional rules of confidentiality, meaning the lawyer must safeguard the secrecy of their conversations with the client. These rules protect clients who put a great deal of trust in lawyers to help them settle their disputes.

In a criminal case, a lawyer called a prosecutor argues on behalf of the State. The prosecutor speaks on behalf of the government, which represents the people of the state or nation. The defendant in a criminal case can either hire a lawyer called a defense attorney, or if the defendant cannot afford an attorney, the court will appoint a public defender to be the lawyer for the defendant.

Certain Lawyers Must be Elected. Prosecutors are lawyers that represent the State in a criminal case. Prosecutors are lawyers for their county or judicial circuit and must be elected by the voters.

Judge
Possibly the easiest person to identify in the court process is the judge. The judge sits at the front of the courtroom usually dressed in a black robe. Judges are like umpires in baseball, or referees in football or basketball. Their role is to see that both sides follow the rules of court procedures. Even though the judge works for the State, a judge doesn't try to prove people guilty. The judge is an impartial figure in the courtroom and makes decisions according to the facts and law.

In a jury trial, the judge rules on points of law and tells the jury about the law that governs the case. If the defendant chooses not to have a jury trial, the judge determines the facts, rules on motions, resolves disputes, and issues the judgment.

Trial Judges are Elected. In Indiana, the voters elect the judges of most courts every six years, but there are some exceptions.

Lake and St. Joseph Counties (which include the cities of Gary and South Bend),

  • Candidates for superior court judge are nominated by local nominating commissions, chaired by a Justice of the Indiana Supreme Court or a Judge of the Indiana Court of Appeals.

  • After nomination, the Governor appoints judges to serve six-year terms.

  • Thereafter, they run on a “yes-no” retention ballot.

Vanderburgh County (which includes the city of Evansville).

  • Superior court judges are elected in a nonpartisan election.

Allen County (which includes the city of Fort Wayne).

  • Superior court judges are elected at the general election on a separate ballot without a party designation.

  • Vacancies, however, are filled by the Governor from a list of three candidates nominated by the Allen County Judicial Nominating Commission.

Judges of local city and town courts are elected every four years by local voters.


Bailiff
The bailiff calls the court to order and announces the judge's entry into the courtroom. The bailiff also helps to keep order in the courtroom and is often responsible for security in the courtroom and courthouse. Bailiffs are sometimes law enforcement officers, like police officers.


Court Clerk
Each judge has a court clerk who administers oaths, manages the court file, numbers the exhibits, maintains the exhibits during the trial, and is responsible for all court documents.


Court Reporter
The court reporter is the person responsible for taking down everything said during a trial. The court reporter is also responsible for making a permanent word-for-word typewritten transcript of the proceedings and putting it into certified transcript form.


Jury
The defendant has the choice of a bench trial where the judge decides the outcome of the case, or a jury trial where a jury decides the outcome of the case. The Sixth Amendment to the United States Constitution guarantees the defendant's right to a trial by jury in all criminal cases and the Seventh Amendment guarantees the defendant's right to a trial by jury in a civil case as long as the dispute exceeds $20. While the $20 limit may seem like a small amount, this limit was set in 1789 when the amendment was first proposed by Congress. In the Indiana Constitution, a defendant's right to a trial by jury is guaranteed in the Bill of Rights by Article 1 §13 and §20.


What is a Jury? A jury is a group of people summoned and sworn to decide issues of fact at a trial. A master list of possible jurors is compiled from things like voter registration lists and driver license lists. Citizens from the master list are randomly selected and called into court for jury duty. Potential jurors undergo a pre-selection process called voir dire, which means, “to speak the truth”. In this process, the lawyers for both sides and/or the judge question potential jurors to determine whether they might be biased toward the case in question. The lawyers for either side can dismiss jurors if for some reason the juror might be prejudiced. Traditionally in Indiana, twelve jurors are selected to serve in criminal trials, and six jurors are selected to serve in civil trials.

The jury listens to the evidence during a trial, and then decides whether a defendant is "guilty" or "not guilty" in criminal cases, and "liable" (responsible) or "not liable" (not responsible) in civil cases. When cases are tried before a jury, the judge still has a major role in determining which evidence the jury may consider. The jury is the fact-finder, but it is left to "find" facts only from the evidence that is legally admissible. The judge instructs the jury on the legal principles or rules that must be followed in weighing the facts. If the jury finds the accused guilty, it is up to the judge to sentence the defendant.

In criminal cases, the jury's verdict (decision) is required to be unanimous, meaning the jury members must all agree. If the members of the jury cannot agree after a long period of deliberation, then a “hung jury” occurs, and a new trial is held, or the case may be dismissed.

In civil cases, the parties can agree any time before the verdict is given that the jury's verdict need not be unanimous, but must represent the majority of the jurors' votes.

Today, juries are used in only about five percent of all criminal and civil cases, but juries are fundamental to justice in the United States. Juries also serve as an important way for citizens to maintain an active role in their government. Jury service gives every day citizens first-hand experience with the legal system.

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Trial Courts: Court Process

Terms hyperlinked in bold will display a definition of the term when clicked.

 

Because civil and criminal cases differ in cause and outcome, the process by which they move through the court system also differs:

How a Civil Case Moves Through the Court System

Let's imagine Mr. and Mrs. Smith were driving in their car and were hit from behind by Mr. Driver. Mr. and Mrs. Smith first meet with a lawyer to decide if they should sue Mr. Driver for damages (losses due to their injuries), such as medical bills, lost wages, and pain and suffering.

Filing Suit. Mr. and Mrs. Smith sue Mr. Driver in the Superior Court in the county in which they live. The case usually takes about a year to prepare before the trial is held. During this time each side investigates their case and is allowed to obtain information from the other side.

Trial. Mr. Driver asks for a jury trial and says the accident was not his fault. At trial, six adults sit on the jury. Attorneys for both sides present their evidence to the jury. In a civil case, the attorney for the plaintiff must convince the jury that the defendant is liable by a preponderance of the evidence, meaning it is more likely than not that Mr. Driver is responsible for Mr. and Mrs. Smith's injuries.

Jury's Verdict. The judge instructs the jury to decide the facts and apply the law to those facts in reaching their decision. The jury deliberates (meets and discusses) in private until they reach either a unanimous or majority decision. The jury awards $250,000 in damages to the plaintiffs, Mr. and Mrs. Smith. The court then issues an order, ordering the defendant, Mr. Driver, to pay Mr. and Mrs. Smith the $250,000 the jury awarded.

Appeal. If Mr. Driver and his lawyer think there was an error in the trial and that they should have won, Mr. Driver's lawyer can prepare an appeal to the Indiana Court of Appeals.


How a Criminal Case Moves Through the Court System

Arrest. Let's imagine that police suspect Peter Piper has committed the crime of burglary. First, Mr. Piper would be arrested and charged with burglary. The police would then provide information of the arrest to the county Prosecutor, who may then file charges in the court of the county. [Note: Which court depends on the organization of the county. In most cases, the charges would be filed in Superior court because burglary is a felony.]

Initial Hearing. Mr. Piper would then be brought before the judge in the county where he was arrested. If Mr. Piper had not yet secured an attorney before the trial, he would be appointed a Public Defender at his initial hearing. After consulting with his attorney, Mr. Piper would then enter a plea of guilty or not guilty. The judge will then release Mr. Piper on bail, or Mr. Piper could be detained until his trial date.

Trial. Mr. Piper is presumed innocent until proven guilty. Mr. Piper asks for a jury trial and is tried in Superior court. The jury listens to the evidence to determine whether Mr. Piper is guilty or not guilty of burglary. In a criminal case, the prosecutor must convince the jury that the defendant is guilty beyond a reasonable doubt, meaning the jury is as certain as is reasonably possible that Mr. Piper committed the burglary.

Jury's Verdict. The judge instructs the jury to decide the facts and apply the law to those facts in reaching their decision, called a "verdict." If the jury finds that Mr. Piper is not guilty, then the case ends and Mr. Piper is free to go. If the jury finds that Mr. Piper is guilty, then the judge will sentence Mr. Piper. The jury deliberates (meets and discusses) privately until they reach a unanimous decision. The jury finds Mr. Piper guilty of burglary.

Sentencing and Appeal. The judge sentences Mr. Piper to ten years in prison. If Mr. Piper and his lawyer think there was an error in the trial and that Mr. Piper should not have been found guilty, Mr. Piper's lawyer can prepare an appeal to the Indiana Court of Appeals. If Mr. Piper had been charged with murder and sentenced to death, or life without the possibility of parole, he could appeal directly to the Indiana Supreme Court.



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