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The Courts (Chapter 7 (To Be a Judge (Functions of The Judge (Negotiator…

- - - - Bail Hearings
      - Preliminary Hearings
      - Plea Bargaining
      - Trials
      - Norm Enforcement
        
        Norm: a value, standard, or expectation concerning people's behavior
  - - - Misdemeanors
      - Lawsuits for small amounts of money
      - Handles determination of guilt and sentencing
    - - Full range of felony cases
      - All other civil lawsuits
      - Evidence is presented, witnesses give testimonies and are questioned by the attorneys, and the lawyers make arguments about guilt.
  - - - Adjucator
        
        Decides:
        
        Punishment
        
        What happens in the court room
        
        Objections
        
        Guilt or innocence
      - Negotiator
        
        Everyone has to work together
        
        Assist both sides to come together
      - Administrator
        
        LEad administrator of the court room
        
        Set the tone for the trial
    - - Mostly white males
      - 31% are women
      - Less than 20% are minorities
    - - Election
        
        Partisan Election
        
        individual has a party
        
        Nonpartisan Election
        
        No political attachment
      - Merit Selection
        
        Nominated by Comittee
        
        Appointed by governer for a term
        
        At Expiration of Term
        
        Retention Election
        
        If Not Re-elected
        
        New nominated by comittee
  - - - Local Prosecuting Attorneys
      - State Attorney General
      - US Attorneys
      - Roles:
        
        Trial Council for Police
        
        House Council for Police
        
        Repressentative for Police
        
        Elected Official
      - Key Relationships:
        
        Police
        
        To Module II
        
        Victims
        
        Judges/courts
        
        Community
        
        Defense Attorneys?
    - - Private Attorney
      - Indigent Defense
        
        Defense for individuals who cant pay for it
        
        Assigned
        
        Contract
        
        Public Defender
      - Right to Counsel
        
        6ht amendment right for those who risk imprisonment
        
        Gideon vs. Wainwright: provision is state court
        
        Miranda vs. Arizona: Before being questioned
        
        Ross vs. Moffit: not entitled for desretionary appeals if first is unsuccessful
    - - Local Legal Culture
        
        Shared values and expectations of participants
        
        "going rates"
        
        Consistency
- - - - One of the most important mechanisms in court systems
      - Allows for conviction in cases that might be questionable if they go to trial
      - Pleas without bargaining
        
        "implicit plea bargaining"
        
        Evidence is strong
        
        No question of fact
        
        Agreement on appropriate charge, evidence, punishment
      - Pleas with bargaining
        
        Negotiation process
        
        Multiple offense
        
        Level of offense
        
        Threat of jury trial
        
        Delay
    - - Bench Trial
        
        Judge as fact finder & determines issues of law
        
        Emotional ot Legally Difficult
      - Jury
        
        About 50/50 mix
      - Trial Process
        
        Jury selection
        
        Opening Statements
        
        Presentation of evidence
        
        Types of evidence
        
        Demonstrative Evidence
        
        Weapons
        
        Diagrams
        
        Fingerprints
        
        Direct Evidence
        
        Eyewitness accounts
        
        Testimony
        
        Circumstantial Evidence
        
        Rebuttal
        
        Closing arguments
        
        Instructions to jury
        
        Deliberation
        
        Decision
    - - Based upon claim of error in law or procedure during process
        
        NOT on question of guilt/innocence
      - states decide on majority of appeals
      - Few result in aquittal
      - Writs of Habeas Corpus
        
        Whether lawfully detained, if claim of constitutional rights violation
- - - - Retribution
        
        "just deserts"
        
        Deseves to be punished due to actions
        
        Tenet of basic morality
      - Deterrence
        
        Utilitarian
        
        Calculation of benefits vs. costs
        
        Types:
        
        General
        
        Specific
        
        Issues?
        
        Only a few ever get punished
        
        We a lot of times decide to take risk anyway
      - Incapacitiation
        
        Stops offender from acting again
        
        Forward/future facing
        
        Involves restiction of activity
        
        incarceration
        
        Movement
      - Rehabilitation
        
        Restoring to constructive place in society
        
        Focuses on offender
        
        Involves programming
        
        Psychological
        
        Educational
        
        Vocational
        
        Restorative
        
        Reentry
      - Restoration
        
        Rehabilitation?
    - - Sentencing
        
        Penal code established by legislature
        
        Judges have limited discretion dependent upon code, crime/charge
        
        Presentence report
        
        Probation officer creates
        
        Summary of case + sentence recommendation
        
        Sentencing Types
        
        Indeterminate
        
        Also called "indefinate"
        
        Create maximum and minimum range of years to serve
        
        Parole board discretion for release
        
        Tied to rehabilitation
        
        Determinate
        
        Specific period
        
        Incorperates "good time" or "credit time"
        
        Release is manditory
        
        Discretion of parole board if returned
        
        Indiana has determinate
        
        Mandatory
        
        Required minimum period of incarceration
        
        Limits judicial discretion in sentencing
        
        Truth in sentencing
      - Forms
        
        Incarceration
        
        Standard for "serious" offenses
        
        Time served is guided by sentencing types
        
        Determinate
        
        Indeterminate
        
        Reduced time by credits, "good time"
        
        Intermediate Sactions
        
        Between prison and traditional probation in:
        
        Severity
        
        Cost
        
        Flexibility to apply punishment to:
        
        Severity of offense
        
        Characteristics of the offender
        
        Needs of the community
        
        Examples
        
        Work release
        
        Community service
        
        House arrest
        
        GPS
        
        Intensive supervision probation
        
        Probation
        
        Approximately 60% adults under correctional supervision
        
        Suspended sentence
        
        Must adhere to condition of probation
        
        Shock probation