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Module 3: Courts and Adjudication; Pretrial Procedures, Plea Bargaining,…
Module 3: Courts and Adjudication; Pretrial Procedures, Plea Bargaining, and the Criminal Trials; Punishment and Sentencing
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The Structure of Courts
trial courts of limited jurisdiction: criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes these courts hold felony trials that may result in penalties below a specific limit
trial court of general jurisdiction: criminal courts with jurisdiction over all offenses, including felonies.In some states, these courts also hear appeals
appellate courts: courts that do not try criminal cases, but hear appeals of decisions of lower courts
problem-solving courts: lower-level local courts dedicated to addressing particular social problems or troubled populations. examples of each courts include drug courts, domestic violence courts, and mental health courts
To Be a Judge
partisan election: an election in which candidates openly affiliated with political parties are presented to voters for selection
nonpartisan election :an election in which candidates' party affiliations are not listed on the ballot
merit selection: a reform plan by which judges are nominated by a committee and appointed by the governor for a given period. when the term expires, the voters approve or disapprove the judge for a succeeding term. if the judge is disapproved, the committee nominates a successor for the governor's appointment
The Prosecutorial System
prosecuting attorney: a legal representative of the state with sole responsibility for bringing criminal charges. depending on the state, this person is referred to as the district attorney, state's attorney, commonwealth attorney, or country attorney
United States attorneys: Officials responsible for the prosecution of crimes that violate the laws of the United States. Appointed by the president and assigned to a U.S. district court jurisdiction
state attorney general: chief legal officer of a state, responsible for both civil and criminal matters
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discovery: a prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial
molle prosequi: an entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed
accusatory process: the series of events from the arrest of a suspect to the filing of a formal change (through an indictment or information) with the court
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Bail: Pretrial Release
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
citation: a written order or summons, issued by a law enforcement officer, directing an alleged offender to appear in court at a specific time to answer a criminal charge
release on recognizance (ROR): pretrial release granted on the defendant's promise to appear in court because the judge believes that the defendant's ties to the community guarantee that she or he will appear
percentage bail: defendants may deposits a percentage (usually 10 percent) of the full bail with the court. the full amount of the bail is required if the defendants fails to appear. the percentage of bail is returned after disposition of the case, although the court often retains 1 percent for administrative costs
preventive detention: holding a defendant for trial, based on a judge's finding that of the defendant were released on bail, he or she would endanger the safety of any other person and the community or would flee
United States v. Salerno and Cafero (1987): Preventive detention provisions of the Bail Reform Act of 1984 are upheld as a legitimate use of government power designed to prevent people from committing crimes while on bail
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Plea Bargaining
Santobello v. New York (1971): when a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled
Boykin v. Alabama (1969): before a judge may accept a plea of guilty, defendants must state that they are making the plea voluntary
Missouri v. Frye (2012): Criminal defendants' Sixth Amendment right to counsel includes protection against ineffective assistance of counsel in the plea bargaining process such as defense attorneys' failures to inform their clients about plea bargain offers
North Carolina v. Alford (1970): a plea of guilty by a defendant who maintains his or her innocence may be accepted for the purpose of a lesser sentence
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Bordenkircher v. Hayes (1978): a defendant's rights are not violated by a prosecutor who warns that refusing to enter a guilty plea may result in a harsher sentence
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Appeals
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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
The Goals of Punishment
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general deterrence: punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses
specific deterrence: punishment inflicted on criminals to discourage them from committing future crimes
incapacitation: depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison
selective incapacitation: 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
rehabilitation: the goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy
restorative justice: punishment designed to repair the damage done to the victim and community by an offender's criminal act
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The Sentencing Process
sentencing guidelines: a mechanism to indicate to judges the expected sanction for certain offenses, in order to reduce disparities in sentencing
presentence report: a report, prepared by a probation officer, that presents a convicted offender's background and Is used by the judge in selecting an appropriate sentence