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Courts (Courts and Adjudication (Federal vs. state court system (Federal,…
Courts
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The Plea, Trial, and Appeal
The Plea
-One of the most Important mechanisms in the court system
-Allows for conviction in cases that may be questionable if they go to trial
Pleas w/o Bargaining
-"Implicit Plea Bargaining"
-Evidence is strong
-No question of fact
-Agreement on appropriate charge, evidence, punishment
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Legal Issues
Boykin v. Alabama (1969)
-Voluntary
-Boykin Form
Missouri v. Frye (2012)
-Must Inform of plea-ineffective counsel 6th amendment
North Carolina v. Alford (1970)
-Alford plea
Bordenkircher v. Hayes (1978)
-May threaten with more serious charges
The Trial
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The Appeal
-Based upon claims of error in law or procedure during process
-Not on ? of Guilt/Innocence
-States decide majority of appeals
-Few results in a quintal
-Writs of Habeas Corpus
-Whether lawfully detained if claim of constitutional rights violation
Jury Selection
To not be in a Jury
-In Criminal Justice System
-Know someone involved
Challenges for Cause
Preemptory Challenges
Trial Process
-Jury Selection
-Opening Statements
-Presentation of Evidence
-Rebuttal
-Closing Arguments
-Instructions to Jury
-Deliberation
-Decision
Types of Evidence
Demonstrative Evidence
-Weapons, Diagrams, Fingerprints
Direct Evidence
-Eyewitness Accounts
-Testimony
Circumstantial Evidence
Courts and Judges
Who are Judges?
-Largely Caucasian Males
-2016
-31% Women in State Judiciaries
-35% State Appellate
-30% General Jurisdiction
-33% Limited Jurisdiction
-State Trial Courts - 7% African American, 4% Hispanic, 2% Asian/Pacific Islander, <1% Native American
-Federal Courts-12% African American, 8% Hispanic, 2% Asian/Pacific Islander
Functions
-Adjudicators (To judge, to make a decision)
-Negotiator
-Behind the scenes
-In the work-group, asset the two parties, and come to an agreement
-Administrator
-The lead administrator is the judge
-Sets the schedule
-Head Court administrator
-Set tone for that court
How to Become a Judge
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Re-election
-Potentially, not to be brought back.
Merit Selection
-Nominated by committees; appointed by governor for a term
-At expiration of term, retention election
-If not re-elected, new nomination by committee
-More yes than no, get another term
Prosecution and Defense
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Defense
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Right to Counsel
-6th Amendment right to those who risk Imprisonment
-Gideon v. wainwright (1963)- Provision in state court
-Miranda v. Arizona (1966) - before being questioned
-Ross v. Moffitt (1974)- not entitle for discretionary appeals if first is unsuccessful
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Punishments
Goals of Punishment
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Deterrence
-Utilitarian
-Calculation of benefits vs cost
-Types
-General- Set Example for general public show image
- Specific- Deterrence of the one
-Deterry others to show some of others
-Issues?
-Depending on Individual, seeing if it applies to them
Incapacitation
-Stops offender from acting again
-Forward/future facing
-Involves restriction of activity
-Incarceration
-Movement
Rehabilitation
-Restoring to Constructive place in society
-Focus on Offender
-Involves Programming
-Psychological
-Educational
-Vocational
-Restorative
-Reentry
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