The Courts
Courts and Adjucation
To Be a Judge
The Courtroom
The Structure of Courts
The Prosecutorial System
The Defense Attorney
The Functions of Courts
Functions
Preliminary Hearing: evaluates prosecution and defense and decides bail reduction or arraignment
Sentence: imposes sentence
Adjudicator, negotiator, administrator
How to Become a Judge
Appeal: requests appeal and develops basis for appeal
Police Station: provide interrogation advice and to make sure rights aren't violated
Sentencing: prepares client for probable outcome
Initial Appearance: appear before judge to try to get pretrial release
Preliminary Hearing: challenges prosecutor and tries to get bail reduction and figure out what evidence is there
Arraignment: learns charges and gives advice on plea bargain
Pretrial: negotiates plea
Trial: challenges prosecutor and tries to prove defendant's plea
Prosecuting Attorneys: a legal representative of the state with sole responsibility for bringing criminal charges
Local Legal Culture: norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process
Work Group: a collection of individuals who interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out and eventually establish a network of roles, all of which differentiate the group from others and facilitate cooperation
Going Rate: local court official' shared view of the appropriate sentence for a given offense, the defendant's prior record and other case characteristics
Continuance: an adjournment of a scheduled case until later date
Adversarial process and inquisitorial process
Jurisdiction: the geographic territory or legal boundaries within which control may be exercised; the range of a court's authority
Preliminary hearings, arraignments, pretrials, trials, sentences and appeals
Trial Courts of Limited Jurisdiction
Trial Courts of General Jurisdiction
Appellate Courts: no criminal cases
Problem Solving Courts
Arraignment: evaluates indictment
Initial Appearance: sets bail or pretrial release or dismissal
Pretrial: Rule on pretrial motions
Pre-arrest phase: reviews request and issues or denies arrest warrant
Trial: oversees jury selection, rules on evidence, determines verdict
Partisan election, nonpartisan election and merit selection
Pretrial Procedures, Plea Bargain and the Criminal Trial
Plea Bargaining
Appeals
Pretrial Detention
Trial: The Exceptional Case
Bail: Pretrial Release
The Trial Process
From Arrest or Trial or Plea
Arraignment: the court appearance of an accused person in which the charges are red and the accused, advised by a lawyer, pleads guilty or not guilty MIND MAP I
Bail: an amount of money, specified by a judge, to be paid as a condition of pretrial release to ensure that the accused will appear in court as required
Miranda Rights MIND MAP II
Those who are not given bail, must remain in jail until trial
Plea Bargain: when you plead guilty or help with the investigation and you get a reward such as reduced sentencing
Santobello v. New York (1971): When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled
Bench Trials: Trials conducted by a judge who acts as fact finder and determines issues of law, No jury
Jury Selection
Voir Dire: questioning process
Challenging for Cause: having bias
Peremptory Challenge: removal of juror for no reason
Opening Statements
Presentation of the Prosecution's Evidence
Real Evidence: physical evidence
Demonstrative Evidence
Testimony: oral evidence from witness
Direct Evidence: eyewitness
Circumstantial Evidence: evidence provided by witness that jurors must take as fact
Presentation of Defense;s evidence
Contrary evidence
Alibis
Affirmative defense
Presentation of Rebuttal Witnesses
Judge's Instructions to the Jury
Closing Arguments by Each SIde
Decision by the Jury
Appeal: a request to a higher court that it review actions taken in trial court
Habeas Corpus: a writ or judicial order requesting the release of a person being detained in a jail, prison or mental hospital. If a judge finds the person is being held improperly, the writ may be granted and the person released
Punishment and Sentencing
Forms of the Criminal Sanction
The Goals of Punishment
Retribution: punishment inflicted on a person who has harmed others and so deserves to be penalized
General Deterrence: punishment of criminals that is intended to be an example to the general public and discourage the offense
Specific Deterrence: punishment inflicted on criminals to discourage them from future crimes
Incapacitation: depriving a offender of the ability to commit crimes against society, usually by detaining the offender in prision
Rehabilitation: the goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy
Restoration
Restorative Justice: punishment designed to repair the damage done to the victim and community by an offender's criminal act
Incarceration
Indeterminate Sentences
Determinate Sentences
Mandatory Sentences
Presumptive Sentence: minimum and maximum time sentence
The Sentences versus Actual Time
Good Time: a reduction of a sentence due to good behavior
Earned Time: a reduction of a sentence due to a reward in participation
Intermediate Sanctions: a variety of punishments that are more restricteve than traditional probation but less severe and costly than incarceration
Probation: a sentence that the offender is allowed to serve under supervision of the community
Shock Probation: a sentence in which the offender is released after a short incarceration and re-sentenced to probation
Death Penalty