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Chapter 7-10 (Chapter 7: Courts and Judges (Who are Judges (Functions (How…

- - - - Adjudicator, Negotiator, Administrator.
      - How to Become a Judge
        
        Partisan Election and Non partisan Election What is the Differences - Partisan is afflicted with a political party, while non partisan isn't.
        
        Merit Selection
        
        Nominated by committee; appointed by governor for a team. At expiration of term; retention election. If not re-elected, new nomination by committee.
- - - - Trial counsel for police, House counsel for police, Representative of the court, and Elected official.
      - Uses of Discretion
        
        Whether or not to charge them or move forward, What punishment should be used or even what to charge them, What evidence should be included or not, What evidences they chose to use for their sides, and What type of plea to accept.
        Discovery - Is when both sides share ALL of the evidences.
        
        Key Relationships
        
        Police, Victims, Judges/Courts, Community, Defense attorneys.
        
        Defense
        
        Private attorney, Indigent defense (Assigned and Contract), and Public defender.
        
        Right to Counsel
        
        6th Amendment right for those who risk imprisonment.
        Gideon v. Wainwright (1963) - Provision in State Court.
        Miranda v. Arizona (1966) - Before being questioned.
        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
- - - - Negotiation process- Multiple offense and level of offense. Threat of jury trial. Delay.
      - Plea without Bargaining
        
        "Implicit plea bargaining'". Evidence is strong, No question of fact, and Agreement on appropriate charge, evidence, punishment.
        
        Legal Issues
        
        Boykin v. Alabama (1969)- Voluntary; Boykin form- must be inform of plea and what it is, basically a checklist.
        Missouri v. Frye (2012)- Must be inform of plea- ineffective counsel (6th Amendment).
        North Carolina v. Alford (1970)- Alford Plea- Take plea but doesn't admit to the crime.
        Borden Kircher v. Hayes (1978)- May threaten with more serious charges.
        
        The Trial
        
        Bench Trial: Judge as fact finder & determines issues of law. Emotional or legally difficult cases.
        Jury: 14 members but 2 are alternatives.
        
        Trial Process
        
        Jury selection, Opening statements, Presentation of evidence, Rebuttal, Closing arguments, Instructions to jury, Deliberation, and Decision.
        
        Types of Evidence
        
        Demonstrative Evidence- Weapons, diagrams, and fingerprints.
        Direct evidence- Eyewitness accounts and testimony.
        Circumstantial evidence
        
        The Appeal
        
        1 more item...
- - - - Indeterminate- Also called "Indefinite". Create minimum & maximum range of years to serve. Parole board discretion for release. Tied to rehabilitation.
        Determinate- Specific period. Incorporates "good time" or "credit time". Release is mandatory- (discretion of parole board if returned).
        Mandatory- Required minimum period of incarceration. Limits judicial discretion at sentencing. Truth in sentencing.