NCJ Number
58414
Date Published
1978
Length
141 pages
Annotation
THIS 1978 ANNUAL REPORT CONTAINS NARRATIVE AND TABULAR DATA ON THE STRUCTURE OF THE STATE SUPREME COURT IN NEW HAMPSHIRE; THE SUPERIOR COURT; DISTRICT, MUNICIPAL, AND PROBATE COURTS; AND JUDICIAL PLANNING.
Abstract
CIVIL LAW AND CRIMINAL LAW FORM THE BASIS OF THE NEW HAMPSHIRE COURT SYSTEM. CIVIL LAW DEVELOPED FROM THE STATE CONSTITUTION, COURT DECISION, AND SPECIFIC LAWS PASSED BY THE STATE LEGISLATURE. CRIMINAL LAW IS ALMOST ENTIRELY DEFINED BY STATUTES, ALTHOUGH COURT DECISIONS INTERPRET STATUTORY LAW. CRIMES ARE DIVIDED INTO TWO CATEGORIES: (1) FELONIES, WHERE THE PENALTY MAY BE A STATE PRISON SENTENCE FROM 1 YEAR TO LIFE IMPRISONMENT; AND (2) MISDEMEANORS, WHERE THE POSSIBLE JAIL SENTENCE IS LESS THAN 1 YEAR. MINOR INFRACTIONS, SUCH AS OFFENSES AGAINST CITY ORDINANCES AND MOTOR VEHICLE REGULATIONS, ARE CALLED VIOLATIONS RATHER THAN CRIMES AND ARE PUNISHABLE BY A FINE ONLY. DECISIONS OF THE STATE SUPREME COURT INTERPRET THE LAW AND SET STANDARDS TO FOLLOW IN FUTURE CASES. A SENTENCE REVIEW DIVISION OF THE SUPERIOR COURT HAS BEEN ESTABLISHED TO REVIEW SENTENCES SET BY JUDGES IN CRIMINAL CASES. PROBATE COURTS DEAL WITH ESTATES, TRUSTS, AND WILLS, AS WELL AS WITH ADOPTIONS AND RELATED MATTERS. THE COURT SYSTEM IN NEW HAMPSHIRE UTILIZES THE ADVERSARY SYSTEM OF JUSTICE. THE ORGANIZATION AND OPERATION OF STATE COURTS ARE DSECRIBED AND ILLUSTRATED. JUDICIAL PLANNING FOR COURT IMPROVEMENT AND JUDICIAL BUDGETING ARE DISCUSSED. STANDARDS AND PRIORITIES RELATED TO PRETRIAL RELEASE, SCREENING AND DIVERSION, PROSECUTION, DEFENSE, THE GRAND JURY, PLEA BARGAINING, TRIAL PROCEDURES, SENTENCING, PROBATION, APPELLATE PROCEDURE, SPEEDY TRIALS, JUDICIAL SELECTION AND CONDUCT, CONTINUING EDUCATION, PUBLIC EDUCATION AND NEWS COVERAGE, COURT FACILITIES, AND COURT ORGANIZATION AND ADMINISTRATION ARE DELINEATED. (DEP)