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Courts (Courts (Functions of Prosecutor (Trial counsel for the police,…
Courts
Courts
Functions
norm enforcement
preliminary hearings
plea bargaining
trials
Dispute processing
solve disputes over
contracts
money
property
Policy making
higher courts
Interpret Constitution
Structure
Trial courts of limited jurisdiction
misdemeanors
lawsuits over small amounts of money
Trial courts of general jurisdiction
full range of felony cases
Appellate courts
if defendants claim errors by police or court
Functions of a judge
Negotiator
Helps with negotiations between prosecution and defense
Referee
Administrator
Manage Courthouse
direct people who keep records
schedule cases
keep system functioning
Adjudicator
must be assume a neutral stance
Functions of Prosecutor
Trial counsel for the police
House counsel for Police
Representative of the Court
Elected official
Role of Defense Attorney
Advises Defendant
Ensures Prosecution proves its case before guilty plea
Represents Defendant
Punishment and Sentencing
Goals of Punishment
Retribution
Deterrence
Incapacitation
Rehabilitation
Forms of Criminal Sanction
Incarceration
Indeterminate Sentences
specifies minimum and maximum time in prison
Determinate sentences
fixes imprisonment to a specific period
Mandatory Sentences
sentence determined by statutes that requires a certain penalty be imposed
Intermediate Sanctions
Less severe than prison but more restrictive than probation
Probation
sentence that the offender is allowed to serve under supervision in the community
Death
Lots of controversy
Supreme court cases
Furman v. Georgia
Gregg v. Georgia
McCleskey v. Kemp
Legal issues
Execution of mentally ill
Effective counsel
Death-Qualified Juries
Sentencing
Administrative Context of the Courts
Misdemeanor Courts
3 assumptions
Person is guilty
Vast amount of people will plead guilty
smaller offenses will be processed in volume
Felony Courts
More formal
Lacks chaotic, assembly line enviroment
Sentencing Guidelines
Limit sentencing discretions for judges
reduce disparity among sentences
Pretrial and Trial
Bail
Sum of money or property that defendants present to the court as a condition of pretrial release
no entitled
Cant be excessive due to 8th amendment
Reform
Citation
Release on Recognizance
Ten percent Cash Bail
Bail Fund
Bail Guidelines
Plea bargaining
Used to determine outcome of cases quickly and effectively
Can help all characters involved
Santobello v. New York
Supreme Court case in favor of pleas
Issues with Pleas
Boykin v. Alabama
Missouri v. Frye
North Carolina v. Alford
Ricketts v. Adamson
Bordenkircher v. Hayes
Criticisms
Defendants give up their right to trial by jury
stresses sentencing policy
Reduces society's interest in appropriate punishment
Trial
Six vital functions of juries
Prevent government oppression
Determine guilty
Represent diverse community interest
Serve as buffer between accused and accuser
Promote citizen's knowledge about criminal justice system
Symbolize rule of law and community foundations
Trial Process
Jury Selection
Opening Statements
Presentation of the Prosecution's evidence
Presentation of the Defense's evidence
Presentation of Rebuttal Witnesses
Closing Arguments of each side
Judge's Instructions to the Jury
Decision by the Jury
Police and Criminal Justice
Police
Police arrest individuals and collect evidence to be used in crime
Can also be used as witnesses
Criminal Justice
The courts are the second step of the criminal justice system
1st. Police
2nd. Police
3rd. Corrections