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The Courts System (key actors in the court (The Judge (Plays the role of…

- - - - Chooses charges to press
      - Recommend sentence
      - negotiating pleas with defense
- - - - keeps dangerous people off the streets
      - stops people from committing more crimes
    - - people see that punishment for crime is real threat
      - provides incentive for people to control themselves
    - - "eye for an eye"
      - deserved punisment
    - - fix problem that caused crime the first place
      - Prevent further crime
  - - - takes away freedom
      - boring
      - hostile environment in some situations
      - often has opportunities for early release
    - - period of time where person is under increase scrutiny and is expected to make positive changes during
      - Makes up majority of punishments
      - Usually has some secondary requirements to avoid jail time
      - People often leave jail and then go into a period of probation
    - - Extremely controversial, ultimate punishment court can use
      - Much debate over constitutionality of it
      - raises whole host of problems with entire system if it is botched
- - - - Prosecutor and defense probe eachother to try and gain advantage in deal
      - Changes as evidence accumulates
      - Key part of the system, justice system ceases to work without it
      - Can lead to situations where defendants plead guilty to crimes they didn't commit due to pressure.
      - Trial
        
        vast majority of cases never reach this stage
        
        Appeals
        
        If defendant thinks case was handled incorrectly, can request a retrial
        
        Very rare
        
        two main types of trial
        
        Jury trial
        
        panel of people sit on case and decide guilt at end
        
        Very iconic part of American justice system
        
        each side of case tries to get people who they think will help them and try to block those who won't
        
        Bench trial
        
        Judge decides guilt or innocence
        
        Similar to the inquisitorial process used in other countries
        
        Sentencing is to be within a range, judge decides where sentence falls withing this range
        
        Prosecution and defense present evidence and try to strength there own positions while attacking there opponents
    - - Method to ensure that defendant shows up for trial
      - disproportionately effects the poor
        
        Bail agents and gov programs exist that cheapen the process, but agents are controversial
        
        New programs slowly phasing it out in some places
      - set depending on severity of crime
    - - defendant taken to initial court hearing, decide if enough evidence to continue
      - Judge decides to set bail, or not if defendant is likely to commit more crimes between release and trial