Chapter 1 - Principles and Decision-Making in U.S. Criminal Courts

Abstract

The rule of law governs people and organizations fairly and equally. No individuals or groups are subject to arbitrary government power, and no person is above the law. The criminal courts are a cornerstone of the U.S. criminal justice system. It influences everyone working in the criminal justice field and affects millions of victims and suspects every year. The courts have judicial lawmaking powers, establish legal principles, and influence cases. Understanding the criminal courts is essential to understanding government power and succeeding in any criminal justice system occupation. Legal principles are the ideals and imperatives that serve as the basis for legal thinking and guide legal decision-making. Change happens on institutional and organizational levels. Institutional change occurs when a change pervades the entire legal system and involves a shift in the court system’s legal principles and legal norms. Organizational change occurs within the operations of a specific court system or courthouse and involves changes in areas such as resources, personnel, fees, and rules for handling cases. Two connected goals shape the criminal law and courtroom activities: exertion of state power and protection of individual rights. One goal of state power is crime control. The government does the job of crime control by exerting power over the people. The federal and state governments enact laws, hire police, fund courts, and build jails and prisons with the goal of deterring crime and apprehending and punishing offenders. The government has enacted due-process provisions to protect individual rights. Due-process provisions are the legal principles, laws, and criminal justice system rules that protect the rights of individuals who are being processed by the government and that constrain. Crime control involves government efforts to reduce crime, including passing more criminal laws, hiring more police, expanding court houses, building more prisons, offering re-entry programs, and manipulating public attitudes. Due process is the central legal principle in the court system. It means two things. A person’s rights must be protected during government proceedings. Arbitrary and excessive government power must be inhibited. Legal reasoning involves establishing the facts of the case only as they relate to substantive and procedural laws. During appeal, legal reasoning involves comparing the present case to past similar cases and adopting the rulings of the past cases. Internal ecology refers to the characteristics within the court. It frames the decisions, actions, and motivations of the individuals participating in the court. The internal ecology of each particular courthouse and courtroom influences legal decision-making. External ecology refers to the political pressures on the courts. The external ecology of courts includes community attitudes; politics that surround the election and appointment of court workers; the laws and funding from the legislature; police practices; and influences from media, research, activist groups, and law schools.