State Court Systems, Judicial Decision-Making, and Law Enforcement
Structure of State Court Systems
The courts of a state constitute a single, integrated judicial system; even city courts, traffic courts, and justices of the peace are part of the state judicial system. According to the National Center for State Courts, over half the states now have unified court systems.
Courts of Limited Jurisdiction
- Probate court
- County court
- Municipal court
- Police court
- Traffic court
- Family court
Major Trial Courts
- Criminal court
- Chancery court
- Circuit court
- District court
Appellate Courts
- Superior court
- Court of appeals
Court of Last Resort
- Supreme Court
- Supreme Court of Errors
- Supreme Judicial Court
- Supreme Court of Appeals
Judicial Selection and Decision-Making
Five different methods of selecting judges are found in the 50 states:
- Partisan election
- Non-partisan election
- Appointment by the governor
- Legislative selection
- Appointment-retention election plan (FLORIDA)
Judicial Decision Making
Trial Courts
The most dramatic area of trial judge discretion is sentencing. Trial court judges display great disparities in the sentences they give out in identical cases. The outcome of most criminal cases is decided in plea bargaining between prosecuting attorneys and defense attorneys, where defendants agree to plead guilty to a lesser offense.
Supreme Courts
The largest proportion of state Supreme Court decision making involves economic interests. The larger number of cases involving economic interests results from the important role of the states in the allocation of economic resources. There is a correlation between the kinds of economic litigation decided by state supreme courts and the socioeconomic environment of the state.
Law Enforcement Agencies and Local Government Challenges
Various Law Enforcement Agencies
Most of the states have given their central police agencies full law enforcement authority in addition to highway duties. Historically, the county sheriff has been the keystone of law enforcement in the US. Sheriffs and their deputies are still the principal enforcement and arresting officers in rural counties. The sheriff’s office is a political one; in every state with county sheriffs, the sheriff is an elected official. Urban police departments are the most important instruments of law enforcement and public safety in the nation today. They engage in a wide range of activities for social control.
Challenges Local Governments Face
America’s communities are diverse (in population size, square miles, and socioeconomic composition). Our communities are governed in vastly different ways. There is no “one size fits all” local governance structure. Even within the same state, there is likely to be variation in what form of local government has been adopted, the powers and responsibilities of local offices, and the method of electing officials. Some challenges local governments face:
- A bomb threat is called in to a local TV station.
- A neighborhood panics when the drinking water suddenly has a suspicious odor and color.
- An explosion occurs at a nearby oil refinery.
Functions of Local Governments
Different units of government are assigned different responsibilities by each of the states, so it is difficult to generalize about what each of these types of local governments is supposed to do.
Counties
Rural Counties
- Keep records of deeds, mortgages, marriages
- Maintain local roads
- Administer elections and certify election results to the state
- Maintain a local jail
- Provide law enforcement through the sheriff
Urban Counties
Provide most of the same functions as rural counties (except police and court systems), together with planning and control of new subdivisions, mental health, public health maintenance, recreation, and city functions like fire protection and water.
Cities
Provide police, fire, streets, sewage, sanitation, and parks.
Towns
Generally subdivisions of counties with the same responsibilities as their county.