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Module 3 (Bail (Bail Agents (key figure, choose their own clients, loan…

- - - - is there a serious risk that they will flee
      - will they obstruct justice or threaten, injure or intimidate a witness or juror
      - offense is one of violence or punishable by life imprisonment or death
- - - - create min&max range of years to serve
      - parole board discretion for release
      - tied to rehabilitation
    - - specific period of time
      - Incorporates "good time" or "credit time"
      - release is mandatory: discretion of parole board if returned
    - - required min. period of incarceration
      - limits judicial discretion at sentencing
- - - - handle only misdemeanors, lawsuits for small amounts
    - - full range of felony cases and all other civil lawsuits
- - - - court appoints a private attorney
      - small cities, rural areas
    - - an attorney, a nonprofit organization, or a private law firm contracts with the local government to provide legal services to indigent defendants for a specified dollar amount
    - - public or private nonprofit organizations w/ full-time or part-time salaried staff
  - - - shared values&expectations of participants
        
        going rates
        
        local view of the proper sentence which considers the offense, the defendant's priors, and other factors
      - consistency
      - know how each side functions in different situations
      - working together allows them to know each other inside&outside the court
- - - - multiple offense
      - level of offense
- - - - drawn from lists of registered voters
  - - - weapons, diagrams, fingerprints
    - - eyewitness accounts, testimony
    - - the juror infers a fact from what the witness said
  - - - not on question of guilt or innocence
- - - - general: billboard with people who got DUIs
      - specific
  - - - psychological
      - educational
      - vocational
      - restorative: tries to mend the offender w/ the damage they did to society as a whole
      - reentry
- - - - local prosecuting attorneys
      - state attorney general
      - US attorney
    - - trial counsel for police
        
        push forward the work of the police, encourage, crime-fighter stance
      - house counsel for police
        
        tutoring and mentoring the police, get clean info.
      - representative of the court
        
        enforce the rules of due process
      - elected official
        
        most responsive to public opinion
  - - - what charges to file?
  - - - provide both suspects and evidence
    - - dependent upon their cooperation
    - - know how the judge reacts to certain cases
    - - public opinion and the media
- - - - determinate
        
        specifies the term needed to be served
      - indeterminate
        
        specifies a min and max time to be served
        
        parole board decides when the release date is
    - - more violent criminals
    - - more drug offenders
    - - between prison and tradition probation in:
        
        severity
        
        cost
      - flexibility to apply punishment to:
        
        severity of offense
        
        characteristics of the offender
        
        needs of the community
      - EXAMPLES: community service, work release, house arrest, GPS, serving weekends, probation
  - - - Lethal Injection
      - Hanging
      - Firing Squad
      - Electrocution
      - Gas Chamber
    - - Furman v. Georgia
        
        violated 8th Amendment
      - Gregg v. Georgia
        
        take into account aggravating and mitigating circumstances
        
        Bifurcated process
        
        1st trial finds him/her guilty/not guilty, 2nd hearing focuses exclusively on the issues of punishment
      - McClesky v. Kemp
        
        racial discrimination
      - Atkins v. Virginia
        
        execution of developmentally disabled is wrong
      - Roper v. Simmons
        
        execution of offender under 18 is wrong
- - - - Partisan: attached to political policies
      - Non-partisan: no party affiliated
    - - nominated by committie
      - appointed by governor for a term
      - after a year, a referendum will be held; @ expiration of term, there is a retention election
        
        if not re-elected, new nomination by committee