Module 3: Courts
Courts and Adjudication and Judges
Adversarial vs. Inquisitorial Process
Adversarial - the judge takes a referee type position between the defense vs. the prosecution (Due Process Model)
Inquisitorial - the judge engages in the process by asking questions and will in turn decide how the case will turn out
Federal vs. State Court System
State Cases: answering questions that deal with state or local laws
Federal Cases: answering questions that deal with federal laws as well as issues from state courts that have federal questions
State courts have the greater caseload because violations of state laws are more frequent than violations of federal laws
Both state and federal courts have supreme courts ("the court of last resort")
John Roberts is the Chief Justice of the Federal Supreme Court
Problem Solving Courts
Drug Court - inclusion of nonviolent, low level, first time offenders
Veterans Court
Mental Health Court
Domestic Violence Court
Original vs. Appellate
Original - where the case is first viewed/entered into the court system
Appellate - if case is appealed, cases will move to this court
Limited vs. General
Limited - traffic court, family court, and inheritance/estate settlement
General - felonies, fraud, bankruptcy, and so-called "white collar crimes"
Judges
Who are judges?
Largely Caucasian males
Federal Courts - 12% African American, 8% Hispanic, 2% Asian or Pacific Islander
State Courts - 7% African American, 4% Hispanic, 2% Asian or Pacific Islander, <1% Native American
Functions
Adjudicator
makes difficult decisions
Vary between what is permitted into the court to whether a plea is reasonable to what the verdict may be
Negotiator
Referee
Administrator
Lead administrator of a specific court
How to become a Judge
Partisan Election
Affiliated with a political party
Nonpartisan Election
Not affiliated with a political party
May be registered as a Republican or Democrat
Merit Selection
Nominated by committee; appointed by governor for a term
At expiration of term, retention election
Not running against anyone else
If not re-elected, new nomination by committee
Prosecution and Defense
Prosecutors
Types
Local prosecuting attorneys
State attorney general
US attorneys
Roles
Trial counsel for police
House counsel for police
Representative of the court
Doesn't necessarily represent the victim but represents the community/city as a whole
Elected official
Key Relationships
Police
Victims
Judges/courts
Coummunity
Defense attorneys
Fairly good working relationship as well as personal realtionship
People who have different tasks to preform within the system
Example: Fast food - the people in the kitchen and the cashiers are doing different jobs but they have to work together to get anything done
Pleas
What does a plea include?
The sentencing aka proposed punishment
The charges involved
When does a plea get taken off the table?
the day before the trial, usually some sort of agreement is reached, or the plea is taken
Defense
Private attorney
Indigent defense - if you can't afford a lawyer, one will be provided
Assigned
Public defender
Contract
Roaster of lawyers who are willing to take on this role
Certain firms/lawyers contract that they will take a certain number of cases
Government funded defense
Right to Counsel
6th Amendment right for those who risk imprisonment
Gideon v. Wainwright - provision in state court
Miranda v. Arizona - before being question
Ross v. Moffitt - not entitled for discretionary appeals if first is unsuccessful
Typical Actions of a Defense Attorney Processing a Felony Case
Police Station
Courtroom Work Group
Local legal culture
Shared values and expectations of participants
"going rates"
Consistency
Initial appearance
Preliminary hearing
Arraignment
Pretrial
Trial
Sentencing
Appeal
Provide advice during interrogations, ensure constitutional rights are not violated, counsel accused during booking, seek pretrial release, determine facts of case from police records
Appear with accused before judge; seek pretrial release, challenge basis for arrest
Challenge prosecutor's stand that probable cause exists, seek bail reduction if client not released, discover evidence held by prosecutor, counsel defendant as to nature of case, discuss case with prosecutor
Learn charges listed in indictment or information, advise client as to plea, discuss plea bargain with prosecutor
Develop appropriate basis for appeal, request that client be released pending appeal
File a "motion to suppress evidence" or "motion to dismiss charges", help client decide whether or not to take plea bargain
Change plea from not guilty to guilty as result of bargain or assume adversarial stance in jury selection and presentation of defense*
Mitigate the damage, lessen the conviction punishment, prepare client for expected outcome, urge lenient sentence
The Pleas, Trial and Appeal
The Plea
Allows for conviction in cases that may be questionable if they go to trial
Legal Issues
Boykin v. Alabama: voluntary
Boykin form - checklist with signature that ensures that the individual going through the process understands what they are being charges with and that pleading guilty is voluntary
Missouri v. Frye
Must inform of plea - ineffective counsel (6th amendment
North Carolina v. Alford
Alford Plea - taking the plea (taking the punishment) but don't admit guilt for the crime
Pleas without bargaining
"implicit plea bargaining"
evidence is strong
no question of fact
Agreement on appropriate charge, evidence, punishment
Pleas with bargaining
Negotiation process
Multiple offense and level of offense
Threat of jury trial
Delay
"if I delay this case long enough, will the witnesses still want to come forth?"
The Trial
Bench trial
Judge is fact finder and determines issues of law
Emotional or legally difficult cases
The impartial person - weighing the law higher than the emotional stance of the case
Jury
14 total people on the jury but only 12 are active
Trial Process
Jury selection
Opening statements
Presentations of evidence
Rebuttal
Closing arguements
Instructions to jury
Deliberation decision
Types of Evidence
Direct evidence
Circumstantial evidence
Demonstrative evidence
Weapons, diagrams, fingerprints
Eyewitness accounts and testimonies
The Appeal
Based upon claim of error in law or procedure during process
not a question of guilt/innocence
States decide majority of appeals
Few result in acquittal
Writs of habeas corpus
Whether lawfully detained, if claim of constitutional rights violation
Acquittal - a judgment that a person is not guilty of the crime with which the person has been charged.
Typical Actions of a Prosecuting Attorney is Processing a Felony Case
Arraignment
Pretrial
Preliminary hearing
Trial
Initial appearance
Sentencing
Investigation and arrest
Appeal
Assist police with preparation of search and arrest warrants, receive case file and screen to determine if prosecution should proceed, advise police on evidence needed
As attorney for government, inform court and accused of charges, usually seek high bail for accused, may drop case by entering nolle prosequi
Establish prima facie case, may nolle prosequi, oppose bail reduction, discuss case with defense
Present charges against accused through indictment or information, acknowledge defendant's plea, continue plea bargain discussions
Prepare case for trial by gathering evidence, interviewing witnesses; oppose pretrial motions filed by defense, accept plea bargain
Respond in court to defendant's change of plea to guilty by reducing charges or take an adversarial stance in jury selection and prove state's case beyond reasonable doubt
Recommend and justify sentence
Prepare argument to counter appeal filed by defense
Additional Vocabulary
Count - Each separate offense of which a person is accused in an indictment or an information
Discovery - a prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial
Nolle Prosequi - an entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed
Motion - an application to a court requesting that an order be issued to bring about a specific action
Citation - a written order or summons, issued by a law enforcement officer, directing an alleged offender to appear in court at a specific time to answer a criminal charge
Preventive Detention - holding a defendant for trial, based on a judge's finding that if the defendant were released on bail, he or she would endanger the safety of any other person and the community or would flee
Release on Recognizance - pretrial release granted on the defendant's promise to appear in court because the judge believes that the defendant's ties to the community guarantee that she or he will appear
Voir Dire - a questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict
Reasonable Doubt - the standard used by a jury to decide if the prosecution has provided enough evidence for a conviction
Punishment and Sentencing
Link to Module I and Module II
Goals of Punishment
Retribution - Deserved Punishment
punishment inflicted on a person who has harmed others and so deserves to be penalized
General Deterrence
punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses
Specific Deterrence
punishment inflicted on criminals to discourage them from committing future crimes
Incapacitation
depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison
Selective Incapacitation
making the best use of expensive and limited prison space by targeting for incarceration those individuals whose incapacitation will do the most to reduce crime in society
Rehabilitation
the goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy
Restorative Justice
punishment designed to repair the damage done to the victim and community by an offender's criminal act
Forms of the Criminal Sanction
Incarceration
Presumptive Sentence - sentence for which the legislature or a commission sets a minimum and a maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumstances
Earned Time - reduction in a prisoner's sentence as a reward for participation in educational or other rehabilitation programs and for work assignments such as disaster relief and conservation projects
Determinate Sentences - a sentence that fixes the term of imprisonment at a specific period
Mandatory Sentences - sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria
Indeterminate Sentences - period set by a judge that specifies a minimum and a maximum time to be served in prison. Sometimes after the minimum, the offender may be eligible for parole
Good Time - reduction of an inmate's prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs
Truth in Sentencing - refers to laws that require offenders to serve a substantial proportion of their prison sentence before being released on parole
Intermediate Sanctions
variety of punishments that are more restrictive than traditional probation but less severe and less costly than incarceration
Probation
Based of off
1) Severity of the offense
2) the characteristics of the offender
3) the needs of the community
a sentence that the offender is allowed to serve under supervision in the community
Shock Probation - a sentence in which the offender is released after a short incarceration and re-sentenced to probation
Death
death penalty
The Sentencing Process
The Administrative Context of the Courts
Misdemeanor Court: Assembly-Line Justice
Felony Courts
Attitudes and Values of Judges
Blameworthiness
Protection of the community
Practical implications of the sentence
Presentence Report
report prepared by a probation officer, that presents a convicted offender's background and is used by the judge in selecting an appropriate sentence
Sentencing Guidelines
mechanism to indicate to judges the expected sanction for certain offenses, in order to reduce disparities in sentencing
Racial Disparities
Wrongful Convictions
Module I
Module II
Courts administer justice based off of the facts presented and what the judge/jury deems to be the most appropriate punishment
Alleged perpetrators are handled by the police in the court system as well.
The police make sure that these individuals are safe during trials as well as escort them to and from places
Police are active and involved within the court system
Courts make sure everyone is heard
One of the goals of criminal justice is to uphold justice and courts help with that