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The Courts (Courts & Adjudication (Court Systems (Problem- Solving…

- - - - Plaintiff vs. the defense; judge is not active with questioning (U.S. System)
    - - Judge can question defense, and or witness (most foreign systems)
  - - - City, Town & Small Claims Courts
    - - Drug Courts
      - Mental Health Courts
      - Veterans Courts
      - Domestic Violence Courts
    - - John Roberts
  - - - Partisan
        
        Political Party attachment
      - Non- Partisan
        
        No Political Party attachment
    - - At expiration of term, there is a retention election
      - If not re-elected, nomination by committee
      - Nominated by committee; appointed by governor for new term
- - - - Incarceration
      - Movement
  - - - Specific
        
        Deterring a singular person from an act
      - General
        
        Deterrining the masses by example of a few
  - - - Vocational
      - Restorative
      - Educational
      - Re-entry
      - Psychological
- - - - Closing Arguments
      - Rebuttal
      - Instructions to Jury
      - Presentation of Evidence
      - Deliberation
      - Opening Statements
      - Decision
      - Jury Selection
    - - Direct Evidence
        
        Testimony
        
        Eyewitness Accounts
      - Circumstantial Evidence
      - Demonstrative Evidence
        
        Weapons, Diagrams, Fingerprints
    - - Emotional of legally difficult cases
      - Jury
      - Judge is the fact finder and determines issues of law
  - - - Whether lawfully detained, if claim of constitutional rights violation
    - - Not on the question of guilt innocence
  - - - No question of Fact
      - Evidence is Strong
      - Agreement on appropriate charge, evidence, punishment
        
        General Agreement
      - Implicit Plea Bargaining
    - - Delay
      - Threat of Jury Trial
      - Negotiating Process
        
        Level of Offense
        
        Multiple Offense
    - - North Carolina v. Alford (1970)
        
        Alford Plea
        
        Taking a plea without admitting guilt
      - Missouri v. Frye (2012)
        
        Must Inform of Plea
        
        Ineffective Counsel (6th Amendment)
      - Boykin v. Alabama (1969) voluntary
        
        Boykin Form
      - Bordenkircher v. Hayes (1978)
        
        May threaten with more serious charge
- - - - Local Prosecuting Attorney
      - U.S. Attorney
      - State Attorney General
    - - Judges/ Courts
      - Community
      - Victims
      - Defense Attorney
      - Police
    - - Representative of the Court
      - House Counsel for Police
      - Elected Official
      - Trial Counsel for Police
  - - - Miranda v. Arizona (1966)
        
        Before being questioned
      - Gideon v. Wainwright (1963)
        
        Provision in State Court
      - Ross v. Maffitt (1974)
        
        Not entitled for Discretionary appeals if first unsuccessful
      - 6th Amendment
        
        Right for those who risk Imprisonment
    - - Contract
      - Public Defender
        
        Run by two entities
        
        Government
        
        Non- Profit
      - Assigned
    - - Local Legal Culture
        
        Consistency
        
        Shared Values and Expectations of Participants
        
        "going rates"