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Courts (Pretrial Detention (jails filled with people who are poor,…

- - - - pressures to press charges against lawbreakers but also uphold the rights of the offenders
    - - based on views
    - - House Counsel for the Police
        
        legal advice so arrests will stand up in court
      - Representative of the Court
        
        enforce the rules of due process to ensure that police act according to the law and uphold the rights of defendants
      - Trial Counsel for the police
        
        crime-fighter stance
      - Elected Official
        
        Most responsive to public opinion
  - - - resources, etc
    - - series of activities that take place from the moment a suspect is arrested and booked by the police to the moment of the formal charge
        
        Investigation and arrest
        
        Initial Appearance
        
        Preliminary Hearing
        
        Arraignment
        
        Pretrial
        
        1 more item...
  - - - counts
        
        each separate offense of which a person is accused in an indictment or an information
    - - a prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial
    - - Nolle prosequi
        
        freely made decision to drop the charge either as a whole or to one or more counts
  - - - legal representative of the state
      - sole responsibility for bringing criminal charges
    - - appointed by the president to prosecute crimes that violate laws of the U.S.
    - - Chief legal officer of the state, responsible for both civil and criminal matters
    - - have discretion in choosing cases, etc.
        
        creates risk of discrimination
  - - - The decision to prosecute may be influenced by:
        
        Victims credibility
        
        the victim's assertiveness
        
        victims criminal record
        
        Victims characteristics
        
        gender
        
        age
    - - sentencing history of judges
      - may drop a case if they think the judge will just dismiss it, do not have time or resources to pursue these cases
    - - provide suspects and evidence
      - control the initiation of the criminal justice process
    - - Public opinion and media plays a crucial role in support or scrutinizing the prosecutor
- - - - prosecutor and defense work together to determine a guilty verdict and the correct sentencing according to the norms
  - - - sixth amendment right to counsel includes protection against ineffective assistance of counsel
    - - Judges should not accept unless a factual basis exists for the guilty verdict
    - - defendants must uphold the plea agreement or suffer the consequences
    - - a defendants rights are not violated by a prosecutor who warns that refusing to enter a plea agreement may lead to a harsher sentence
  - - - right to a jury trial
- - - - Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison
    - - Making the best use of expensive and limited prison space by targeting for incarceration those individuals whose incapacitation will do the most to reduce crime in society
  - - - The goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy
  - - - Punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses
    - - punishment inflicted on criminals to discourage them from committing future crimes
  - - - Punishment designed to repair the damage done to the victim and community by an offender's criminal act
  - - - Punishment inflicted on a person who has harmed others and so deserves to be penalized
- - - - Play central role in enforcing society's rules and standards for behavior
    - - Help to solve disagreements between two parties
    - - Allows them to make decisions and tell officials all over the country how to do their jobs
  - - - Defense (Defendant)
      - Prosecution (Government)
- - - - the government contracts with an attorney, a non-profit, or a private practice to handle all indigent cases
        
        questions of caseload and qualifications arise
    - - developed in response to legal needs of indigent defendants
        
        do not sacrifice financial interests
        
        have to worry about client trust
        
        face heavy caseloads
    - - Court appoints a lawyer in private practice to represent an indigent defendant
      - organized on a ad hoc or coordinated basis
        
        Ad hoc: private attorneys tell judge they are willing to take the cases of indigent defendants
        
        Coordinated: court administrator oversees the appointment of counsel
    - - "You get what you pay for"
      - U.S. Supreme Court has examined the question of what requirements must be met if the defendants are to receive effective counsel
    - - Contract Counsel
      - Public defenders programs
      - Assigned Counsel
  - - - A lawyer who represents accused and convicted persons in their dealings with the criminal justice system
- - - - can lead to corruption
    - - smooth processing
      - getting defendants to court dates, reminding them, etc.
  - - - seriousness of crime
      - record
  - - - a sum of money or property, specified by a judge, that defendants must present to the court as a condition of pretrial release
    - - family evicted
      - can lose job
      - miss payments on bills
      - car repossessed
      - pressure innocent people to plead guilty to get out of pretrial hold
  - - - defendants deposit with the court an amount of cash equal to 10 percent of their bail
    - - a fund for defendants to post bail so they do not have to wait in jail
        
        Bronx Freedom Fund
    - - judges will grant release if the defendant is reliable and has roots in the community
    - - deal with unequal treatment
      - standards for judges to follow
      - look at past record and seriousness of the offense
    - - summons (to appear in court)
        
        ticket often issued to a person accused of committing a traffic offense or some other minor violation
    - - issue
        
        accused can commit other crimes while awaiting trial
      - bail reform act of 1984
        
        preventative detention
        
        if prosecutors recommend that a defendant stays in jail
        
        judge holds hearing to determine:
        
        if offense is punishable by life imprisonment or death
        
        obstruct justice, threaten, intimidate, or injury prospective witness or juror
        
        serious risk of flee
- - - - duty to prove beyond reasonable doubt that the defendant committed the crime
      - must present case establishing guilt
      - types of evidence:
        
        Real
        
        physical evidence
        
        demonstrative
        
        demonstrates information relevant to the crime
        
        testimony
        
        oral evidence by a legally competent witness
        
        direct
        
        eyewitness accounts
        
        circumstantial
        
        requires the jury to infer fact from what the witness observed
    - - defendant does not have to testify under the 5th amendment
        
        prosecutor cannot comment on this or make inferences from this
      - may use defenses
    - - indictment is read
        
        prosecutor / defense attorney may make statements telling what side they are taking
    - - prosecution may present a witness whose testimony is designed to discredit or counteract testimony presented on behalf of the defendant
    - - prosecution and defense make closing arguments to jury
    - - judge determines the law
      - instructs the jurors on how the law should guide their decisions
      - judge explains reasonable doubt
    - - after they have heard all about a case and a judges instructions they go to a room where they discuss
      - pick a foreperson
      - may have judge reread them instructions
      - may be sequestered
      - deadlocked
        
        hung jury
        
        prosecutor decides whether to re-try with a different jury
      - tell their vote in open court
        
        so no one is pressured by other jurors
    - - picked from lists of registered voters, drivers / hunting licenses
      - pay increase???
      - voir dire
        
        asked questions to determine if fit to be a juror
      - Challenge for cause
        
        removal of juror because they have some sort of bias
      - peremptory challenges
        
        removal of a perspective juror without reason
        
        race or gender play a factor
  - - - prevents government oppression
      - determine whether the accused is guilty based on the evidence
      - represents diverse community interests
      - serves as a buffer between the accused and accuser
      - promote citizens knowledge about the criminal justice process through jury-duty process
      - symbolize rule of law and the community that support the criminal justice system
- - - - A sentence that the offender is allowed to serve under supervision of the community
    - - a sentence in which the offender is released after a short incarceration and resentenced to probation
  - - - Good Time
        
        A reduction of an inmate's prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs
      - Earned Time
        
        reduction in a prisoner's sentence as a reward for participation in educational or other rehabilitation programs and for work assignments such as disaster relief and conservation projects
    - - A sentence determined by statues and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria
    - - Determinate sentence
        
        A sentence that fixes the term of imprisonment at a specified period
      - Presumptive Sentence
        
        A sentence for which the legislature or a commission sets a minimum and a maximum range of months or years
        
        judges are to fix the length of the sentence within that range, allowing for special considerations
    - - A period set by a judge that specifies a minimum and a maximum time to be served in prison
        
        sometime after the minimum the offender may be eligible for parole
  - - - McCleskey v. Kemp (1987)
      - Gregg v. Georgia (1976)
      - Furman v. Georgia (1972)
      - Atkins v. Virginia (2002)
      - Roper v. Simmons (2005)
    - - Witherspoon v. Illinois (1968)
- - - - Spend much of their time talking with prosecutors and defense attorneys about plea bargains, sentencing, and bail conditions
      - act as a referee
      - may suggest terms for an agreement
    - - In charge of their own court room and staff
      - managing labor relations, budgeting, maintenance
      - may be in charge of political actors
    - - must assume a neutral stance in overseeing the contest between the prosecution and defense
      - apply law that upholds the rights of the accused
    - - make decisions to send people to treatment rather than prison, mental health, drugs, etc.
  - - - Thoughtful
      - Fair
      - Impartial
    - - Nonpartisan-Election
        
        elected by voters
        
        Political affiliation is not announced on the ballot
      - Gubernatorial Appointment
      - Partisan Election
        
        Open Affiliation with political party
        
        elected by voters
      - Legislative Selection
      - Merit Selection
        
        reform plan by which judges are nominated by a committee and appointed by the governor for a given period
        
        Retention election
        
        if disproved, committee nominates successor
    - - Nominated by president
        
        Confirmed by majority vote of U.S. Senate
      - involves politics and political affiliation
  - - - Progress, however, still underepresentation
      - Brings up the question of equal opportunity
- - - - federal cases
  - - - ex: Drug courts
  - - - U.S. Supreme Court
        
        Nine justices
    - - Courts of appeals
        
        U.S. circuit court of appeals
- - - - Norms:
        
        distinguish courts
        
        tell members of a court community how to treat eachother
        
        how cases should be processed
        
        Continuances
        
        lawyer's request for delays in court proceedings
        
        Going rate
        
        local view of the proper sentence
- - - - if no basis for the person to be detained the judge can write a writ and order the person to be released