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The Courts (Courts and Adjudication:
adversarial
inquisitorial (Types…
The Courts
Courts and Adjudication:
- adversarial
- inquisitorial
Adversarial:
lawyers for each side represent their clients' best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants
Inquisitorial:
the judge takes the active role in investigating the case and examining evidence by, for example, questioning witnesses
Types of Courts:
- trial courts of limited jurisdiction
- trial courts of general jurisdiction
- appellate courts
The U.S. Supreme Court:
- court of last resort (federal system)
- nine justices
- controls its own caseload
The States:
- all states have courts of last resort (state supreme courts)
- few have courts of appeals
Problem Solving Courts:
- drug courts
- domestic violence courts
- mental health courts
- veterans court
Prosecutorial System/Prosecuting Attorneys:
legal representative of the state with sole responsibility for bringing criminal charges.
Types:
- local prosecuting attorneys
- state attorney general
- U.S. attorneys
Roles:
- trial counsel for police
- house counsel for police
- representative of the court
- elected official
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Discretion:
- count
- discovery
- nolle prosequi
Judges:
- mostly caucasian males with strong political connections
In 2016:
- 31% women in state judiciaries
- 33% state appellate
- 30% general jurisdiction
- 33% limited jurisdiction
Functions:
- adjudicator
- negotiator
- administrator
Adjudicator:
makes decisions regarding detention, plea, trial, and sentence
Negotiator:
work with prosecutors and defense attorneys; encourage the parties to work out plea deals; acts as a referee
Administrator:
makes the schedule, manages the courthouse, keeps records
How to Become A Judge:
- partisan election: affiliated with a political party
- nonpartisan election: not affiliated
- merit selection: nominated by a committee, appointed by a governor for a term
Defense Attorneys:
- lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice
Types:
- private attorney
- indigent defense (contract, assigned, public defender)
Right to Counsel:
- Gideon vs. Wainwright
- Miranda vs. Arizona
- Ross vs. Moffitt
The Criminal Justice System Goals:
- justice
- crime control
- crime prevention
Police take care of:
- investigation
- arrest
- booking
The courts take care of:
- charging
- initial appearance
- preliminary hearing
- information indictment
- arraignment
- trial
- sentencing
- appeals
Excuse defenses:
- coercion
- entrapment
- infancy
- mistake of fact
- intoxication
- insanity
Sentencing:
penal code established by legislature; judges have limited discretion dependent upon code, crime/charge
types:
- indeterminate
- determinate
- mandatory
Determinate:
- aka indefinite
- create min and max range of years to serve
- parole board discretion for release
- tied to rehabilitation
Indeterminate:
- specific period
- incorporates "good time"
- release is mandatory
Mandatory:
- required minimum period of incarceration
- limits judicial discretion
- truth in sentencing