The intermediate tier is the United States Courts of Appeals, the 13-circuit appellate courts that review decisions of the 94 U.S. district courts. On appeal, the record is closed: parties may not call new witnesses or submit new exhibits; argument is confined to the written trial record, briefs, and, at most, oral argument before a three-judge panel. Because the function is error-correction rather than fact-finding, no juries are empaneled; rulings are made solely by judges on questions of law or clear errors of fact [1].
At the district-court level, federal probation and pre-trial services officers supervise defendants using an evidence-based practices (EBP) model aimed at cutting recidivism. Three core principles guide this model:
1. Risk principle – concentrate the most intensive interventions on individuals assessed as higher risk, while minimizing interference with low-risk offenders [2].
2. Need principle – target changeable criminogenic needs such as substance abuse, antisocial attitudes, employment, and peers rather than non-criminogenic factors [2].
3. Responsivity principle – deliver cognitive-behavioral and other programming in a style and setting that matches the person’s learning style, motivation, culture, and abilities to maximize engagement and retention [2].
Risk level is quantified with two validated actuarial tools: the Post Conviction Risk Assessment (PCRA) for people on probation, parole, or supervised release, and the Pretrial Risk Assessment (PTRA) for defendants awaiting trial. Both instruments systematically score demographics, criminal history, and dynamic factors to guide supervision intensity and conditions [3][4].
## References list
[1] U.S. Courts. “The Courts of Appeals.” https://www.uscourts.gov/about-federal-courts/court-role-and-structure
[2] Administrative Office of the U.S. Courts. “Probation and Pretrial Services: Evidence-Based Practices.” https://www.uscourts.gov/services-forms/probation-and-pretrial-services/evidence-based-practices-ebp
[3] Administrative Office of the U.S. Courts. “Post Conviction Risk Assessment (PCRA).” https://www.uscourts.gov/services-forms/probation-and-pretrial-services/pcra
[4] Administrative Office of the U.S. Courts. “Pretrial Risk Assessment (PTRA).” https://www.uscourts.gov/services-forms/probation-and-pretrial-services/ptra
The United States Courts of Appeals constitute the intermediate tier of the federal judiciary, comprising 13 courts that sit between the Supreme Court and the 94 district trial courts. These appellate courts face significant procedural limitations: they cannot introduce new evidence or hear testimony from witnesses, as their role is limited to reviewing the trial record from the district court. Additionally, Courts of Appeals do not use juries; instead, cases are decided by panels of three judges who review legal arguments and determine whether the lower court correctly applied the law [1][2].
At the trial court level, federal probation and pretrial services officers employ evidence-based supervision practices built on three core principles to reduce recidivism. First, the Risk Principle dictates that supervision intensity should match the defendant's risk level, with higher-risk individuals receiving more intensive intervention. Second, the Need Principle requires targeting criminogenic needs—dynamic risk factors directly linked to criminal behavior such as antisocial attitudes, substance abuse, and employment problems. Third, the Responsivity Principle ensures interventions match the individual's learning style, motivation, and abilities [3][4].
Two scientific assessment tools are utilized in this system. The Pretrial Risk Assessment Tool (PRAT) evaluates pretrial defendants to inform release decisions and supervision levels. For post-conviction individuals, the Post Conviction Risk Assessment Tool (PCRA) measures recidivism risk and identifies criminogenic needs to guide supervision strategies. Both instruments incorporate validated risk factors including criminal history, employment status, substance abuse, and social networks to generate risk scores that inform evidence-based supervision decisions [3][5].
## References
[1] United States Courts. "About the U.S. Courts of Appeals." https://www.uscourts.gov/about-federal-courts/court-role-and-structure
[2] Administrative Office of the U.S. Courts. "Understanding the Federal Courts." https://www.uscourts.gov/sites/default/files/understanding-federal-courts.pdf
[3] U.S. Courts. "Evidence-Based Practices in the Criminal Justice System." https://www.uscourts.gov/services-forms/probation-and-pretrial-services/supervision/evidence-based-practices
[4] National Institute of Corrections. "Evidence-Based Practices in Community Corrections." https://nicic.gov/resources/evidence-based-practices
[5] Administrative Office of the U.S. Courts. "Overview of Probation and Supervised Release Conditions." https://www.uscourts.gov/services-forms/probation-and-pretrial-services