Concept Map 3

Courts and Adjunction (7)

Pretrial Procedures, Plea Bargaining, and the Criminal Trial (8)

Punishment and Sentencing (9)

Federal Court System

District Courts

Circuit Courts of Appeals

Supreme Court

State Court System

Trial Courts of limited jurisdiction

Trial Courts of general jurisdiction

Intermediate Courts of appeals

Appellate court of last resort

Actions of a Trial Court Judge

Pre-arrest Phase

Review case

Initial Appearance

Preliminary Hearing

Arraignment

Pretrial

Trial

Sentencing

Advise the accused of their constitutional rights

decide whether evidence exists to hold accused for arraignment

advise defendant of pleas

rule on pretrial notions

Oversee jury selection and determine if guilty depending on jury decision

Hear claims form both to decide on sentencing

Prosecuting Attorney

Investigation and Arrest

Initial appearance

Preliminary Hearing

Arraignment

Pretrial

Trial

Sentencing

Appeal

Assist. police and determine if prosecution should continue - most contact with police

Inform court of the accused's charges

Present charges present, continue offering plea bargain

Prepare case for trial by gathering as much evidence as possible (witnesses, physical ev.)

Respond in court to the defendant's charge to offer guilty, or reducing sentence. Then proceed to convince jury

Argue appeals

Defense Attorney

Police Station

Provide advice during the initial interview process

Initial Appearance

challenge basis of arrest, seek pretrial release

Prelim Hearing

discover evidence held by prosecutor and free fall the conviction in court to judge

Arraignment

Learn charges and discuss plea with bargainer - if any

Pretrial

Continue plea - challenging evidence and procedural errors

Trial

Change plea if needed

Sentencing

Prepare client for expected outcome

Appeal

Appropriate basis for appeal

Reality of bail system is flawed and often dismisses many cases - often is taken and used to give minimal sentencing etc.

United States versus Salerno and Cafero

Preventative 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

Santobello versus New York

When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled

can't take back a plea

Boykin versus Alabama

Before a judge may accept a plea of guilty, defendants must state that they are making the plea voluntarily

Missouri versus Frye

6th amendment right includes protection against ineffective asst.

N.C. versus Alford

A plea of guilty by a defendant who maintains his or her innocence may be accepted for the purpose of a lesser sentence

Ricketts versus Adamson

Defendants must uphold plea agreement or suffer consequences

Bordenkircher versus Hayes

defendant is warned that even if they plea not guilty and have a guilty verdict, the prosecutor may give an even harsher sentence

Jury

200-1,000 citizens

Panel 30

Jury 14

Voir dire

trial

Goals of Punishment

retribution

deterrence

incapacitation

rehabilitation

Goals of criminal sanction

incarceration

intermediate sanctions

probation

death

Judges and Sentencing

Penal codes

"good time"

determines whether the charge are indeterminable, determinate, or mandatory

CONNECT TO CONCEPT MAP 1 HERE

CONNET TO CONCEPT MAP 2 HERE

I felt like this entire chapter was very specific to the crimes and what the process of court if like, which was briefly mentioned in concept map 1