The mission of Discovering Justice: the James D. St.Clair Court Education Project is to teach children and adults about the role of the justice system in American democracy. Below we have provided a general introduction to the U.S. legal system. The following summary was drawn from Understanding the Federal Courts, Administrative Office of the U.S.Courts; Welcome to the Federal Courts, Federal Judicial Center; and Plan for Random Selection of Jurors, U.S. District Court for Massachusetts.
A comprehensive introduction to the federal judicial system may be found in the publication "Understanding the Federal Courts" developed by the Administrative Office of the United States Courts. It is free of charge and available online at http://www.uscourts.gov/understand02
OVERVIEW OF THE U.S. FEDERAL LEGAL SYSTEM
I. ORIGIN
Article III of the U.S. Constitution established the judicial branch as one of the three separate and distinct branches of the federal government.
The Constitution promotes "judicial independence" through:
- life appointments;
- removal from office only through impeachment and conviction for "Treason, Bribery, or other High Crimes and Misdemeanors."
- the salary of federal judges can not be reduced during their term of office
II. APPOINTMENT OF JUDGES
Federal judges are appointed by the President with the "advice and consent" of the Senate.
III. STRUCTURE OF FEDERAL SYSTEM
- Supreme Court of the United States
The Supreme Court is the highest court in both the federal and state system. The Supreme Court hears a limited number of cases, which generally involve important questions about the Constitution or federal law.
- Circuit Court of Appeals
There are 12 Regional Circuits (and 1 for the federal Circuit) in the U.S. Massachusetts is in the First Circuit, along with Rhode Island, Maine, New Hampshire and Puerto Rico. Most appeal cases are heard by panels of three judges. When the case is heard by up to the entire appeals court, usually all 6 judges deliberate, which is referred to as "en banc."
- District Court
There are 94 judicial districts in the U.S. and approximately 1,500 federal court judges. Massachusetts is authorized to have 13 district court judges; currently, there are 13 judges and an additional 5 judges who have “senior” status. The Massachusetts District "sits" in three courts, which are located in Boston, Worcester and Springfield.
- Magistrate Judges
In Massachusetts, there are currently 7 magistrate judges, who are appointed by the district court for eight-year terms. Their role is to conduct most of the initial proceedings in criminal cases; conduct some trials; and prepare the district court judges' cases for trials.
- Bankruptcy Judges
There are also 5 Bankruptcy Judges in Massachusetts, who are appointed by the Appeals Court for a period of 14 years. In Boston, the Bankruptcy Court is in the Thomas "Tip" O'Neil Federal Building.
IV. JURISDICTION
The federal courts are courts of "limited jurisdiction", which means they are authorized to hear only certain types of cases, generally as described below:
- Constitutional issues (examples: school desegregation, school prayer, search & seizure, free speech, voting rights)
- Controversies between states
- Controversies between the United States and foreign governments
- Federal criminal laws (examples: carjacking, bank robbery if the bank is insured by a federal agency; importing drugs illegally into the U.S., and murder in a federal facility)
- Federal civil laws (examples: social security benefits, environmental enforcement actions, such as the "clean-up" of Boston Harbor; anti-trust cases).
- Diversity of citizenship: lawsuit between citizens of different states involving more than $75,000 of damages.
The United States is represented in court in either civil or criminal matters by the United States Attorney's office. The current U.S. Attorney for Massachusetts is Michael Sullivan and there are 85 Assistant U.S. Attorneys in the Boston office.
V. JURY SERVICE
- Selection
The names of potential jurors for federal jury service in Massachusetts are taken from the Census conducted by cities and towns. The court randomly selects individuals who are "summoned" to appear for service at the courthouse. The goal of the selection method is to ensure that a representative cross section of the community serves on juries.
A person is deemed qualified for jury service unless he or she:
(1) is not a citizen of the U.S.;
(2) is less than 18 years old;
(3) has not resided in the judicial district for one year or more;
(4) is unable to read, write and understand English sufficient to fill out the juror qualification form;
(5) is unable to speak English;
(6) is unable by reason of mental/physical infirmity to render satisfactory jury service;
(7) has a charge pending against him/her for the commission of, or has been convicted in a state/federal court of a crime punishable by imprisonment for more than one year and has not had their civil rights restored.
- Types of jury: Grand and Trial (or "petit")
Grand juries consist of 16 - 23 members who listen to evidence presented to them by the United States Attorney. They determine whether there is "probable cause" to issue an indictment against an individual, who will then stand trial.
Trial juries listen to evidence presented at a trial and determine in a civil case whether the defendant (legally) injured the plaintiff. In a criminal case, they determine if the defendant committed the crime as charged.
- Structure
A civil trial jury is made up of 6 to 12 persons. A criminal trial jury is made up of 12 members, though usually an additional 3 are chosen as "alternates" who also sit. Verdicts in both types of trials must be unanimous, although the parties in a civil case may agree to a non-unanimous verdict.
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