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Courts and the Judicial System (Pretrial Procedures, Plea Bargaining, and…
Courts and the Judicial System
Courts and Adjudication
FEDERAL COURT SYSTEM
-District courts
-Circuit Courts of Appeals
-Supreme Court of the United States
DEFENSE ATTORNEYS
Private Attorney
assigned attorney
Contracted
Public Defender
Knowing you have the right to Counsel knowing your right just in general
STATE COURT SYSTEM
-Trial Courts of limited Jurisdictions
-Trial courts of General Jurisdiction
-Intermediate Courts of Appeals
-Appellate Court of last resort
Judges
Largely Caucasian Males
Diversity is growing but very slowly
FUNCTIONS OF A JUDGE
Adjudicator
Negotiator
Administrator
BECOMING A JUDGE
Election
Partisan/ Non Partisan
Merit Selection
Pretrial Procedures, Plea Bargaining, and The Criminal Trials
PLEAS AND APPEALS
The Plea
-Most important
-allows for conventions in case that may be question in further investigations or trials.
Pleas with and without Bargaining
-Evidence is strong/ Evidence may not be as strong
no doubt on crime committed/ Could be quested multiples offenses could be involved
Trial Process
-Jury Selection
-Opening Statements
-Presentation Of Evidence
-Rebuttal
-Closing Arguments
-Instructions to Jury
-Deliberation
-Decisions
Evidence Types
Demonstrative evidence - Weapons, Diagrams, Fingerprints
Direct Evidence- eye witnesses
Circumstantial Evidence
Relies on something else to connect to the crime
Relating Back to Module 1 and Module 2
-These all begin to tie in to each other because of how they system works
-Crime is committed
-Police get invovled
-trial process begins
Punishment and Sentencing
Goals
-retribution
-deterrence
-incapacitation
-rehabilitation/restoration
Retribution
Deserves to be punished due to actions
Tenet of the basic morality
Incapacitation
Stops offender from acting again
Forward/ Future facing
involves resting activity
Rehabilitation
Restrain to constructive place in society
focus on offender
involves programming
psychological educational vocational
Deterrence
Utilitarian
Calculation of benefit vs Cost
Sentencing
Indeterminate
Create ranges of sentencing
parole board has discretion
Tied to rehabilitation
Change gets good behavior -time
Determinate
Specific period
Incorporates "good time" vs "Credit time"
Three for one type deal
Mandatory Sentencing
Required minimum sentencing
limits Judicial discretion
federal sentences do 83 percent of time
States are doing about 75 percent of time
Death Penalty
METHODS OF EXECUTION
Lethal injection
electrocution
gas chamber
firing squad
hanging
Currently 2,843 people on death row
Death row can take up to 20 years with trials appeals and awaiting every thing takes a very long time