Courts and Judicial Process Part2

Sentensing

Only 2% go to trial; 83% of them are convicted; 90% plead guilty, and 8% had the case dismissed.

How can your sentence be lowered

By accepting responsibility, making it riskier to go to trial than to accept a plea

Purpose of punishment

Retribution, incapacitation, rehabilitation, deterrence, restoration, and reintergration

Indeterminate sentencing

Punishment is an unspecific range

Determinate sentencing

Specific amount of time (ex: 30 years)

Good time

Get sentence reduced with good behavior

Statute

Sets the range of punishment for the judge

Federal Sentencing Guidelines

Gives a range that is not mandatory, but the judge may also consider relevant conduct

Who determines the punishment

Judge

Mandatory minimum (statute)

Seriousness, prior convictions, and life without parole

Habitual offender statues

3-strikes (3 felonies=life), increase penalty range for prior convictions, gun enhancements, and truth in sentencing

When can the judge go outside the statutory ranges?

Never, except for substantial assistance requested by the prosecution

What events made the prison population increase?

War on Drugs (1973)

Reagan pushed zero tolerance (1983)

Sentencing guidelines (1987)

Crime Bill (1994)

Booker v US (2005)- decreased population

First Step Act (2019)- also decreased population (asks judge to reconsider based on health and other circumstances)

Federal Sentencing Range for Meth

No quantity= 0-20 years

5gms= 5-40 years

50mgs- 10-life

Booker v US

This case made The Federal Sentencing Guidelines advisory, no longer mandatory

Blakely v Washington

6th Amendment right to jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant

Kimbrough v. United States

A judge could reasonably depart from the presumptively reasonable sentence advised by the sentencing guidelines

Gall v US

Sentenced upheld, courts have authority to set any reasonable sentence as long as they explain why

Rita v. United States

A sentence within the guideline range is presumptively reasonable

Alleyne v. United States

Facts used in imposing a mandatory minimum must be found by a jury beyond a reasonable doubt

Sentencing options

Incarceration, probation, split-sentence (shock probation, etc.), and death penalty

Ferman v Georgia

The way the death penalty was applied violated the 8th amendment because it was cruel and unusual

Gregg v Georgia

Revised procedure was constitutional and established bifurcated trial

New death penalty procedure

1.) Narrowed class of death-eligible offenses (the list of crimes + murder)

2.) Bifurcated trial

3.) Sentencing (aggravating factors decided by jury)

4.) Individual voir dire

5.) Makeup of the court

Special issues

Was the crime deliberate, is there future danger, and was there a lack of provocation

Cases

Atkins v Virginia -No executing mentally ill

Roper v Simmons- No executing minors

Baze v Reese- Lethal injections were not unconstitutional

Factors to consider

Nature of crime, punishment fits the crime, the sentences avalible, guidelines, policy statements, avoid disparities, and restitution

Purpose of punishment

Safety, fair warning, fair sentences, conduct

Juvenile justice

Civil not criminal because you are dealing with a minor

Guardian ad litem

Makes decisions in the best interest of the juvenile

Juvenile court jurisdiction

Power of juvenile court to hear case

Juvenile delinquency

Violation of criminal law by a minor

Status offense

Offense that depends on age (ex: drinking)

Deinstitutionalization

Move away from putting juveniles into detention

Paren patre

State steps in and becomes the guardian

History

Reformatories and child savers

Truancy statues

Truant officers would go an catch those not in school

Juvenile Justice process

Referral (citation based on conduct), intake (choose cases), and petition

Petition

Alleging crime and asking the court ot assume jurisdiction or wave the juvenile to adult court

Waiver/transfer/certification

Move juvenile case to adult court

Juvenile rights and standard of proof

Beyond reasonable doubt, no double jeopardy, assistance of council (they do have right to defense council), etc.

Kent v. United States

Waiver hearing are considered critical stages requiring an attorney’s advice and presence

In re Gault

Right to notice of charges, right to counsel, right to confront and cross-examine witnesses, right to invoke privilege against self-incrimination

In re Winship

Proof beyond a reasonable double required for both adults and juveniles

McKeiver v. Pennsylvania

Juvenile court judge’s decision whether to grant jury trials to juvenile

Breed v. Jones

Juveniles cannot be adjudicated on a given charge in juvenile court and then sent to criminal court to face conviction on the same charge

Schall v. Martin

Preventative detention of juveniles by states is constitutional if judges perceive youths to pose a danger

Disposistions

Nominal (reprimand)

Conditional (fine, public service, etc)

Custodial (non-secure or secure)

Teen court

Having panel of peers deciding disposition

Public opinion/media access

Concern wether pretrial publicity affects outcome (ex: Lil Wane and Harvey Weinstine)

Estes v Texas

Overturned conviction and said that 14th amendment was violated by publicity

Sheppard v Maxwell

Said that 14th amendment right to a fair trial was violated and reversed judgement

Dobert v Florida

There was no violation of equal-protection rights to a fair trial

Mu’Min v. Virgina

Affirmed the conviction and said there was no violation of impartial jury (6th amendment) or due process (14th amendment)

Trend of SCOTUS

Valuing the 14th amendment right of due process (liberal) → valuing the 1st amendment right to freedom of the press

Types of pretrial publicity

Case-specific (ex: an actual case) and general (ex: sentences)

Minimizing publicity

Gag order (no press)

Change of venue (very few and at judge’s discretion)

Judicial instructions (not very effective)

Individual voir dire (most effective)

Decriminalization

Decriminalizing criminal conduct, such as drug possession

Decriminalization Benefits

Save money, free up resources, prioritize heath/safety, reduce stigma, and remove barriers

Alternate Dispute Resolution

Any procedure in a civil case that avoids litigation like mitigation and arbitration

Pretrial diversion

Allows prosecutor to agree not to file charges if the defendant does x,y, and z (ex: informal probation)

Deferred adjudication

Charges are filed and the defendant pleads guilty, but there is no final conviction (still goes on your record)

Factors in pretrial diversion

Age of offender, residency, record, etc.

Criticisms for pretrial diversion

Too lenient, assumes guilty without trial (ignores due process)

Sanctions

Community services (effective in certain cases)

Restitution

Specialty courts

Drug, youth, domestic violence, mental health, and veterans