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The Courts (Goals of Punishment (Deterrence (Utilitarian, They want the…

- - - - "Implicit plea bargaining"
      - Evidence is strong
      - No question of fact
    - - Negotiation process
        
        Multiple offense
        
        Level of offense
      - Threat of jury trial
    - - Boykin v. Alabama 1969
        
        Boykin Form
      - Missouri v. Frye 2012
        
        Must inform of plea
      - North Carolina v. Alford 1970
        
        Alford Plea
      - Bordenkicher v. Hayes 1978
        
        May threaten with more serious punishments
  - - - Judge is the fact finder and determines the issue of law
      - Emotionally and legally difficult cases
    - - Jury selection
      - Opening statements
      - Presentation of evidence
      - Types of evidence
        
        Demonstrative Evidence
        
        Weapons, finger prints
        
        Direct Evidence
        
        Circumstantial Evidence
        
        Eye witness, testimony
    - - State exactly what the charges are
    - - Jury talks about the evidence decision
- - - - Adjudication
        
        To judge and decide
      - Negotiator
        
        A "behind-the-scenes" deal
      - Administrator
        
        Main one is the judge
        
        Sets dates for cases
        
        Sets the tone for the court
  - - - Associated with a political party
    - - No political party
    - - Nominated by a committee
        
        Appointed by a governor for a term
    - - The expiration of a term
      - Can keep the job if re-elected
      - If there is no re-election, there is a new nomination
- - - - Trial Counsel for police
      - House counsel for police
      - Representative of the court
      - Elected official
    - - Choices made at a given circumstance
    - - Police
      - Victim
      - Judges/Courts
      - Community
  - - - They represent you
    - - One that is provided for you
    - - 6th Amendment right for those who risk imprisonment
      - Gideon v. Wainwright
        
        Provision in state court
      - Miranda v. Arizona
        
        Miranda rights before being questioned
      - Ross v. Moffitt
        
        Not entitled for discretionary appeals
    - - Local legal culture
        
        Shared values and expectations of participants
        
        Consistency
- - - - Use of aggravating and mitigating circumstances
        
        bifurcated process
    - - 8th Amendment issue
    - - Racial discrimination issue of legislature
    - - No execution of developmentally disabled
    - - No execution of offenders under 18
- - - - Also called "indigent"
      - Creates a minimum and maximum amount of years that will be served
      - Tied to rehab
    - - Specific period
      - Incorporates "good time"
      - Release is mandatory
    - - Required minimum period of incarceration
      - Limits judicial discretion at sentencing
      - Truth in sentencing
    - - Incarceration
        
        Standard for "serious" offenses
        
        Time served
        
        Reduces time cards
      - Intermediate Sentencing
        
        Between prison and traditional probation in severity and cost
        
        Flexibility to apply punishment to:
        
        Severity of offense
        
        Characteristics of offender
        
        Needs of the community
      - Probation
        
        Approximately 60% of adults are under correctional supervision
        
        Suspended sentence
        
        Must adhere to conditions of probation
        
        Shock probation