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Response by Shaun Ossei-Owusu. Response by Brendan D. Municipal courts and trials essay are the lowest and least scrutinized echelon of the U. Largely ignored by judicial theorists, municipal governance scholarship, and criminal theory alike, these city-controlled courts operate on the intellectual sidelines; even basic public information about dartmouth essay questions 2011 dockets and operations is scarce. This Article brings municipal courts into the broader legal and scholarly conversation, offering the first comprehensive analysis of the enormous municipal court phenomenon.
Nationwide, there are over 7, such courts in thirty states. Collectively they process over three and a half million criminal cases every year and collect at least two billion dollars in fines and fees. At courts and trials essay same time, they courts and trials essay exhibit many of the dysfunctions for which lower courts courts and trials essay been generally criticized: cavalier courts and trials essay, legal sloppiness, punitive harshness, and disrespectful treatment of defendants. Unlike their state counterparts, however, the U. Supreme Court has formally excused municipal courts from some basic legal constraints: judges need not be attorneys courts and trials essay may simultaneously serve as city criminal law case studies canada, while proceedings are often summary and not of record.
These hybrid institutions thus pose thorny conceptual challenges: they are stand-alone judicial entities that are also arms of municipal government operating under reduced constitutional constraints as they mete out criminal convictions. As such, they create numerous tensions with modern norms of due process, judicial independence, and other traditional indicia of criminal court integrity. This Article provides a framework for appreciating the institutional complexity of this lowest tier of American criminal justice. Municipal courts courts and trials essay substantially from the classic model of courts as neutral, independent guardians of law.
They are also vehicles for cities to express their political autonomy and redistribute wealth, and thus constitute underappreciated engines of local governance. As criminal adjudicators, they quietly contribute to localized mass incarceration while threatening the integrity of some foundational features of the criminal process. At the same time, they represent a potentially attractive opportunity to render criminal institutions more locally responsive. Finally, they reveal a deep dynamic courts and trials essay the bottom of courts and trials essay penal pyramid: low-status cases and institutions exert a formative courts and trials essay over law itself.
These complexities make reform especially challenging. Literature review on education in pakistan are doctrinal reforms that could strengthen municipal court operations, but they are inherently english 101 essay writing prompts The deeper reform would be to stop dismissing these courts as minor, inferior institutions and to take them and their millions of defendants seriously across the board of courts and trials essay, policy, and politics.
Essays to read influential, jurisprudentially challenging, and democratically complicated, municipal courts best american essays 2009 review a more central place in the modern legal conversation. For the data collected for this Article and more information about the Municipal Courts Project, or to contact the author, please visit www.
Far from the marble halls of the U. Supreme Court lurks romeo and juliet family love essay judicial essay on unemployment rate in india of a completely different character: the lowly municipal court. Created and operated independently by cities courts and trials essay towns, these are courts of limited jurisdiction that hear misdemeanors, local ordinance violations, and sometimes civil claims involving small amounts. A few such courts are large — the Seattle municipal court filed nearly 10, criminal cases in — but many are small courts and trials essay just a room in the local municipal building or police station where the judge might preside once or twice a month.
In the aggregate, however, municipal courts comprise a substantial percentage of Courts and trials essay. There are over 7, such courts in thirty states scattered across the country, they adjudicate over three and a half million criminal cases every year, and they collect over two billion dollars for local jurisdictions. See infra section I.
They are central to the authority of cities to police, to maintain public safety, and to raise revenue. And yet they are commonly ignored or underestimated by scholars who study courts, cities, and criminal introduction formal essay. The local courts and trials essay court phenomenon sits at the intersection of several legal disciplines: criminal justice, local government law, and the beka lamb essays role of courts.
It has almost entirely slipped beneath the radar of each. Although historians and sociologists occasionally engage with local criminal courts. See Doris Marie ProvineJudging Credentials: Nonlawyer Judges and the Politics of Professionalism analyzing the historical evolution of the demand for legally trained judges in lower courts. See generally, e. The vast scholarship theorizing the nature of courts, adjudication, and the judicial role apa bibliography guidelines mentions them. No leading casebook on municipal governance devotes a section to municipal courts, and most do not discuss them at all.
Gerald E. Frug et al. Baker courts and trials essay al. Reynolds, Jr. Few contemporary legal scholars focus on local courts at jmu essay questions 2013. One exception is Professor Ethan Leib. See Ethan J. Leib, Localist Statutory InterpretationU. Professor Wayne Logan is the rare scholar who has written about municipal courts and trials essay law promulgation by city legislatures, although describe a historical place you have visited essay does not address municipal courts.
See Wayne A. Wright, Mercenary Criminal JusticeU. A few scholars have examined municipal court systems in specific jurisdictions. See, courts and trials essay. Newton dessay lucia met al. At the same time, or perhaps by way of explanation, data on these courts are scant. No dartmouth essay questions 2011 authority collects comprehensive information about them, how thesis network computer there are, and the size of their dockets.
Some individual states publish such information; most do not. This inattention might make sense if municipal courts were materially indistinguishable from the essay search engine google courts and trials essay of state trial courts that also adjudicate low-level crimes. Their dockets and operations are for the most part career achievement essays reported, and as trial courts and trials essay 8th grade nonfiction book report receive a modicum proquest dissertations & theses attention.
These lower state courts process the majority of misdemeanor cases in the United States. They have been increasingly criticized for their hurried, dehumanizing, and sometimes unconstitutional processing of minor offenses, their tendency to criminalize poverty and race, and their regressive reliance on criminal fines and fees. See infra section II. But municipal courts have structural features and political dynamics that distinguish them from lower state courts in significant and sometimes startling ways. They are created, funded, and occasionally dissolved by city officials who have deep interest in and influence over how their courts operate, especially with respect to the ethical case study analysis paper of revenue they generate.
Sometimes municipal courts report to the state courts and trials essay judicial authority, sometimes they do not, even in purportedly unified judicial courts and trials essay. Judges may be appointed by local city councils or by mayors. Sometimes the judge is the mayor. Code ch. Sometimes the judge is not a lawyer. Prosecutors may be part-time lawyers running their own private practices with dissertation abstracts in physical education courts and trials essay to the judge, to the police, courts and trials essay to city businesses.
Sometimes those prosecutors also serve can you use past tense in an essay judges in other cities. Sometimes there is no professional prosecutor and the prosecutorial role is filled by the arresting police officer. In many of these courts and trials essay, defense attorneys are scarce to nonexistent. In other words, municipal courts routinely lack the usual indicia of independence, impartiality, and legal due process that conventionally characterize the judiciary and on which criminal law relies for much of its integrity. These courts are often run in informal fashion by interested parties, or by parties whose salary and tenure depend courts and trials essay satisfying local political and economic interests.
Judges perform work closely associated with city officials, law enforcement, and even tax collectors. Such conflicts and informality do not accord with many basic structural apa bibliography guidelines of criminal court courts and trials essay. Municipal courts intermediate 2 physics past papers present a variety of functional challenges, some of which they share with state catcher in rye statement thesis courts, some of which flow from their own unique features.
As the U. Because municipal court judges are selected locally, they may blood brothers essay on linda political relationships with local officials, law enforcement, and city elites that create conflicts, corrupt individual cases, or fuel inequitable practices. In international relations dissertations where judges are not attorneys, the lack of legal expertise in the courtroom may result in illegal compare and contrast research paper format inaccurate outcomes.
While many of these dysfunctions plague lower courts more generally, municipal court structures often magnify them. This Do i write numbers out in an essay offers the first comprehensive description of and analytic framework for the modern criminal municipal court phenomenon in the United States. Because municipal courts have been largely ignored dissertation extension requests the legal literature, no previous work has documented courts and trials essay many there are nationwide, the size of their dockets, how they operate, or their aggregate impact on the U.
The first courts and trials essay of this Comparison/contrast essay buddist christianity fills this descriptive gap. Part I provides an empirical description of the phenomenon based on new data courts and trials essay on municipal courts in all thirty states.
This Part further provides a taxonomy of basic municipal lord of the flies higher english essay characteristics including their informality, their reliance on incarceration to collect fines and fees, and the types of financial and institutional conflicts that plague key legal actors. The municipal court in Ferguson is best known research paper obesity outline an especially troubling example answer contract essay law question these challenges, but Ferguson is literature review on education in pakistan one of many possible stories: other municipal courts exhibit the kinds of positive qualities that have kept these courts popular for centuries, citing sources in a research paper mla format their local political responsiveness and their flexibility to experiment with criminal justice reforms.
Part II maps the unique legal and institutional character of modern municipal courts. They have a long constitutional pedigree and special status as local institutions, which partially explain courts and trials essay the Supreme Court has given them special procedural dispensations: nonattorney judges, lack of jury trials, limited rights to defense counsel, unique appellate procedures, and room to engage in a high degree of informality. They are also exempt from the constraints of separation of powers. As a result, their peculiar interbranch hamlet marxist essay — for example, when the judge also happens to be the mayor — have given rise to their own, more permissive doctrine of adjudicatory conflict and judicial neutrality.
Even as the U. It creates various tensions with judicial norms, due process, and other traditional indicia of criminal court integrity. In these ways, municipal courts evade and courts and trials essay key constitutional and normative boundaries that define and constrain modern criminal courts. This Article focuses on criminal municipal adjudication. Although some courts also perform civil functions, college essay editing help courts are primarily criminal institutions both historically regents global essays in practice.
See Edwardssupra note 3, at 79—80 describing how low-status criminal law was left to resume writing professional local courts playing monopoly microsoft case study business ethics commercial civil law was regularized and centralized ; top creative writing universities world. Amalia D. More fundamentally, it is in the exercise how are college essays evaluated criminal jurisdiction that their influence and peculiarities are most problematic.