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Concept Map 3: The Courts (The Plea, Trial, and Appeal (Trial Process…
Concept Map 3: The Courts
Courts and Adjudication
Federal vs. State Court System
Types of Cases
Federal Courts answer questions about federal law or issues of state law with constitutional issues
State Courts answer questions about state law violation
State Court
state courts hold the greater caseload/more specific violations towards these laws
Federal Court
Supreme Court of the Unite States (SCOTUS)
these two types of courts are courts of last resort/ only used if deeply needed
State Supreme Courts
9 members in the SCOTUS
John Roberts = Chief Justice
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Samuel Alito
Sonia Sotomayor
Elena Kagan
Neil Gorsuch
Brett Kavanaugh
Probate =civil in nature
Problem Solving Courts
Veterans Court
Mental Health Court
Drug Court
Domestic Violence Court
Problem Solving Courts are here to help those struggling with certain issues
Adversarial vs. Inquisitorial Process
Adversarial
the judge acts as a ref while one person goes against another
defense vs. prosecution
Inquisitorial
instead of the judge being a ref they engage in the questioning
judge is the fact finder
Special Courts
Limited Jurisdiction
only certain cases/ ex: traffic court
Original Jurisdiction
first tier court/where the case first enters the system
General Jurisdiction
all kinds of cases
Judges
Functions of Judges
Negotiator
the ref concept/ finds good middle ground
Adjudicator
makes difficult decisions
Administrator
lead administrator in that certain court/ allows what is permitted
How to Become a Judge?
Partisan Election
affiliated with a political party
Non-Partisan
not affiliated with a political party
Merit Selection
nominated by committee; appointed by governor for one term
at expiration of term a retention election occurs
if not re-elected, now a nomination by committee happens again
Who are Judges?
Federal Courts = 12% African American; 8% Hispanic; 2% Asian or Pacific Islander
In 2016
35% women Appellate
30% General Jurisdiction
33% Limited Jurisdiction
31% women in State Judiciaries
largely Caucasian males
State Trial Courts = 7% African American;4% Hispanic; 2% Asian or Pacific Islander; < 1% Native American
Prosecution and Defense - Courts and Adjudication
Prosecutors
Roles
house counsel for police
representative of the court
trial counsel for police
elected official
Key Relationships
victims
judges/courts
police
community
defense attorneys?
Types
State Attorney General
U.S Attorneys
Local Prosecution Attorneys
Defense
private attorney
indigent defense
contract
cases get sent/assigned to certain law firms
public defender
number of individuals/investigators
assigned
whoever is not busy (they have a list of local attorneys who rotate)
Right to Counsel
Gideon v Wainwright (1963)
provision in state court
Miranda v Arizona (1966)
before being questioned
6th Amendment
right for those who risk imprisonment
Ross v Moffitt (1974)
not entitled for discretionary appeals if first is unsuccessful
Courtroom Work Group
local legal culture
shared values and expectations of participants
"going rates"
consistency
The Plea, Trial, and Appeal
The Plea
one of the most important mechanisms in the court system
allows for conviction in cases that may be questionable if they go to trial
Pleas with Bargaining
negotiation process
multiple offenses
level of offense
threat of jury trial
delay
Pleas without Bargaining
evidence is strong
no question of fact
"implicit plea bargaining"
agreement on appropriate charge, evidence, or punishment
The Trial
Bench Trial
judge as fact finder and determines issues of law
emotional or legally difficult case
Jury Trial
Trial Process
rebuttal
argue the question from the other side
closing arguements
used to pull their side together/ tie it all together
presentation of evidence
instructions to jury
have to have a unanimous answer/ no bias
opening statements
deliberation
jury selection
decision
Types of Evidence
Direct Evidence
eyewitness accounts/testimony
Circumstantial Evidence
Demonstrative Evidence
weapons, diagrams, fingerprints
The Appeal
based upon claim of error in law or procedure during process
states decide majority of appeals
few result in acquittal
writs of habeas corpus
whether lawfully detained , if claim of constitutional rights violation
Legal Issues with Plea Bargaining
Missouri v Frye (2012)
must inform of plea
ineffective counsel (6th Amendment)
North Carolina v Alford (1970)
Alford Plea
" I'll take your punishment but won't admit what you said I did"
Boykin v Alabama (1969)
voluntary
Boykin form
Bordenkircher v Hayes (1978)
may threaten you with more serious charges
Sentencing: Process and Forms
The Sentencing Process
judges have limited discretion dependent upon code, crime/charge
pre-sentence report
probation officer creates
summary of case and sentence recommendation
penal code established by legislature
Sentencing Types
determinate
incorporates "good time" or "credit time"/ cuts sentence in half (day for day)
specific period
release is mandatory
discretion of parole board if returned
mandatory
limits judicial discretion at sentencing
truth in sentencing
required minimum period of incarceration
indeterminate
parole board discretion for release
create minimum and maximum range of years to serve
also called "indefinite"
tied to rehabilitation
Connection to Maps 1 & 2
Both maps would connect to this because the courts help victims and the police in reaching good end results. The courts help resolve issues that victims have and also help police officers if they are struggling to reach an end result of a case. The courts are like the hierarchy of everything and are the problem solvers to resolve issues that someone may have with the policing in the area and are there to help put those away who deserve it.