The courts or judiciary is one of the three main branches of the American justice system. What follows is an examination of the structure and role of the courts in the American criminal justice system and the requirement of jurisdiction. As you read this chapter, pay attention to the context when you see the word “court” because it is used in various ways. The courts are probably one of the most traditional and highly regarded institutions in every American community. This perception of legitimacy derives from the organization, structure, and roles the courts have upheld for centuries. Therefore, understanding court traditions, jurisdictions, roles, and practices are critical to our basic understanding or introduction to the entire American justice system. After all, the courts make some of the most important decisions, including the ultimate decisions about life and death in our justice systems.

A “court” can mean a building—it is short for “courthouse” (for example, “he went to the court”). There are many different types of courts as determined by the constitution and laws. Some courts, such as trial courts, may have only one judge. Other courts, such as the U.S. Supreme Court, as seen in figure 7.1., has several judges. Courts (the institution and processes) have the power to determine the facts of a crime and the legal sufficiency of the charges. The facts of a crime are about whether the defendant did the crime. Legal sufficiency is about whether the government can prove the criminal charge.

Figure 7.1. The U.S. Supreme Court Building in Washington, D.C., is the site of many landmark decisions and protests.

Courts ensure that criminal defendants are provided due process of law or that the procedures used to convict the defendants are fair. Courts play a more influential role in criminal cases than in civil cases. While “parties” in civil cases can settle their disputes outside the court system, all criminal prosecutions must be funneled through the criminal courts. The term “party” is a person or group (such as defendant or plaintiff) who are directly involved in a legal proceeding.

After reading this chapter, you will be able to project the trajectory of a criminal case from the filing of criminal charges in a local courthouse through the final appeals process. This requires understanding the dual court system, the structure of typical state court systems, and the federal court system. This chapter explores the differences between a trial court and an appellate court. You will learn how trial judges and juries decide (determine the outcome of) a case by applying the legal standards to the facts presented. During trial, appellate judges determine if the case was rightly decided after examining the trial record for legal error. Appellate courts make their decisions known through their written opinions, and this chapter introduces the types of opinions and rulings of appellate courts.

This chapter also examines the selection, roles, and responsibilities of the participants in the criminal courts, frequently referred to as the courtroom workgroup. You will become familiar with who the players are during each of these steps of the process.

While the courts are supposed to be impartial, they are also not perfect. This is especially true in their treatment of women and people who are low-income or members of minoritized racial groups, whether they are suspects or defendants. The American justice system, in general, and the courts in particular, have a problematic history with diversity, equity, and inclusion (DEI). This chapter will highlight some of these DEI-related issues in the courts.

As students of the criminal justice system, you have reasons to be optimistic about the future of the courts. The last section of this chapter will focus on court support for Crime Prevention Science (CPSc) Solutions. These crime solutions represent some of the best efforts to mend some of the courts’ systemic flaws. An important goal of this chapter is to empower readers to increase their personal awareness and support for these crime solutions in their courts.