as they did. Judges don’t always agree, and at times, judges will write dissenting opinions or concurring 
opinions. Appellate court opinions become precedent that must be followed in the trial courts. 
Judges, prosecutors, defense attorneys work together along with court clerks, bailiffs, and other court staff 
to process tens of thousands of cases daily in trial courts across the nation. Judges, prosecutors, and defense 
attorneys play an important role in the criminal justice process. Although few cases actually go to trial, and 
the vast majority of criminal cases are resolved in the trial courts at the pre-trial stage, the defendants must 
be represented by an attorney at critical stages in the process, and at the government’s expense if they cannot 
afford to hire an attorney, unless they have voluntarily waived the right and wish to represent themselves. 
Court jurisdiction determines where a case will be filed and which courthouse has the legal authority to 
hear a case. Jurisdiction can be based on geography, subject matter, or seriousness of the offense. Jurisdiction 
is also divided between trial courts (original jurisdiction) and appellate courts (appellate jurisdiction). 
More than 51 court systems operate in the United States. We have a dual court system comprised of federal 
trial and appellate courts and state trial and appellate courts. Federal and state courts have similar hierarchical 
structures with cases flowing from lower trial courts through intermediate courts of appeals and up to the 
supreme courts. 
Defendants who wish to appeal their convictions are entitled to have their cases reviewed at least once, 
a mandatory appeal of right in the intermediate courts of appeal. After that, the review is discretionary 
and rare. Appellate courts generally affirm the decision of the trial courts, but may also reverse and remand 
the case back to the trial court if they determine that prejudicial error occurred.  At the intermediate 
appellate court level, judges most frequently affirm the trial court’s decision without writing an opinion, but 
sometimes the judges will write opinions informing the parties of their decision and the reasons for holding 
as they did. Judges don’t always agree, and at times, judges will write dissenting opinions or concurring 
opinions. Appellate court opinions become precedent that must be followed in the trial courts. 
Judges, prosecutors, defense attorneys work together along with court clerks, bailiffs, and other court staff 
to process tens of thousands of cases daily in trial courts across the nation. Judges, prosecutors, and defense 
attorneys play an important role in the criminal justice process. Although few cases actually go to trial, and 
the vast majority of criminal cases are resolved in the trial courts at the pre-trial stage, the defendants must 
be represented by an attorney at critical stages in the process, and at the government’s expense if they cannot 
afford to hire an attorney, unless they have voluntarily waived the right and wish to represent themselves. 
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL
SANCHEZ
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