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Courts & Adjudication (The Trial:
bench trial (judge as fact finder…
Courts & Adjudication
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Problem Solving Courts:
- drug court
- veterans court
- mental health court
- domestic violence court
Adversarial vs. Inquistorial:
adversarial: court process in which lawyers for each side represent their clients' best interests in presenting evidence and formulating arguments to discover truths and protect the rights of defendants
Inquisitorial: court process in which the judge takes an active role in investigating the case and examining evidence by, for example, questioning witnesses
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Limited jurisdiction: the power of the court
to only hear certain cases such as bankruptcy or family matters
General jurisdiction: the court's authority to hear all kinds of cases
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initial appearance: advise accused of rights, determine bail
Prosecution & Defense
Types of prosecutors:
- local prosecuting attorneys
- state attorney general
- US attorneys
Roles:
- trial counsel for police
- house counsel for police
- representative of the court
- elected official
Key Relationships:
- police
- victims
- judges/courts
- community
-defense attorneys
Defense:
- private attorney
- indigent defense (if you can't afford a lawyer, one will be
given to you)
- assigned (assigned by a court)
- contract (contracts with the government to represent all indigent defendants in a country during a period of time)
-public defender (employed on a full-time, salaried basis by a public or private nonprofit organization to represent indigents)
Right to Counsel:
- 6th amendment right for those who risk imprisonment
- Gideon v. Wainwright: provision in state court
- Miranda v. Arizona: advise rights before being questioned
- Ross v. Moffitt: not entitled for discretionary appeals if first is unsuccessful
Courtroom Work Group:
- includes judges, prosecutors and defense attorneys
- shared values & expectations of participants
"going rate": shared view of the appropriate sentence for an offense
The Plea:
- one of the most important mechanisms in court system
- allows for conviction in cases that may be questionable if they go trial
Plea with bargaining:
- negotiation process
- multiple offense
- level of offense
- threat of jury trial
- delay
Legal Issues:
- Boykin v. Alabama: waiving sixth amendment right when you plea bargain
- Missouri v. Frye: must inform of plea - ineffective counsel
- North Carolina v. Alford: Alford plea: a guilty plea where they do not admit to the criminal act
- Bordenkircher v. Hayes: may threaten with more serious charges
Pleas without bargaining:
- "implicit plea bargaining": no guarantee of leniency
- evidence is strong
- no question of fact
- agreement on appropriate charge, evidence, punishment
The Trial:
- bench trial (judge as fact finder & determines issues of law, for emotionally or legally difficult cases
- jury
Trial Process:
- jury selection
- opening statements
- presentation of evidence
- rebuttal
- closing arguments
- instructions to jury
- deliberation
-decision
Types of Evidence:
- demonstrative evidence (weapons, diagrams, fingerprints)
- direct evidence (eyewitness accounts, testimony)
- circumstantial evidence (not drawn from direct observation)
The Appeal:
- based upon claim of error in law or procedure during process, NOT on question of guilt/innocence
- states decide majority of appeals
- few result in acquital
- writs of habeas corpus (whether lawfully detained, if claim of constitutional rights violation
Types of Sentences:
- indeterminate: also called "indefinite", create maximum & minimum range of years to serve, parole broad discretion for release, tied to rehabilitation
- determinate: specific period, incorporates "credit time" (time given for good behavior while incarcerated), release is mandatory, discretion of parole board if returned
- mandatory: required minimum period of incarceration, limits judicial discretion of sentencing, truth in sentencing
Functions:
- adjudicator - whether a plea is acceptable
- negotiator - what is appropriate, referee
- administrator - lead administrator of that court
How to become a judge:
- partisan election - candidate is affiliated with a political party
nonpartisan election - candidate is eligible because of their own merits
Merit Selection:
- nominated by committee, appointed by governor for term
- at expiration of term, retention election
- if not re-elected, new nomination by committee