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The Court System (Courts (Prosecution and Defense (Prosecutors (Roles:…
The Court System
Courts
Functions?
Adjudicator (to judge), Negotiator (pleads), Administrator (set schedule, head of court)
How to Become?
partisan/nonpartisan( is/no political affiliation) election, merit selection( board puts together a recommendation to the governor, retention election)
Who?
mostly white men, 30% women
Prosecution and Defense
Prosecutors
Roles: trial counsel for police, house counsel for police, representative of the court, elected official
local prosecuting attorneys, state attorney general, US attorneys
Key Relationships: police, victims, judges/courts, community, defense attorneys?
Defense
Private attorney, indigent defense: assigned, contract, public defender
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Courtroom Work Group
local legal culture- shared values and expectations of participants, "going rates", and consistency
Goals of Punishment
Retribution
"just deserts", deserves to be punished due to actions, tenet of basic morality
Rehabilitation
restoring to constructive place in society, focus on offender, involved programming
psychological: psychologists, therapist, psychiatrists
restorative: trying to mend area of crime, and help offender to realize his affects on the community
vocational: job programs in jail, basic life skills to promote success in society
reentry: going to be seen at the grocery store, movies, allowing offender to make amends/hear what they have done
educational: GED programs, college classes in jail
Incapacitation
stops offender from acting again, forward/future facing, involves restriction of activity (incarceration, movement)
Deterrence
utilitarian, calculation of benefits v. cost, types: general and specific
general: billboards as examples, public punishment (community service)
specific: also public (being seen by people), jail
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The Plea, Trial, and Appeal
Trial
Bench Trial- judge as fact finder & determines issues of law, emotional or legally difficult cases
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Process: jury selection
opening statements
presentation of evidence
rebuttal
closing arguments
instructions to jury
deliberation
decision
Types of Evidence: Demonstrative (weapons, diagrams, fingerprints)
Direct (eyewitness accounts, testimony)
Circumstanial
Appeal
based upon claim of error in law or procedure during process, NOT on guilt/innocence
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Habeas Corpus- whether lawfully detained, if claim of constitutional rights violation
Plea
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Legal Issues
Boykin v. Alabama (1969)- voluntary and understood
Missouri v. Frye (2012)- must inform defendant of plea- ineffective counsel (6th amendment)
North Carolina v. Alford (1970)- can take plea like guilty without admitting guilt
Bordenkircher v. Hayes (1978)- may threaten with more serious charges to get plea or make deal
W/ or W/out bargaining
W/out: evidence is wrong, no question of fact, "implicit plea bargaining", agreement of guilt
W/: negotiation process (as many offenses and highest level of offense is start), like car bargaining, threat of jury trial, delay
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