Criminal Justice Chapter 7 and....

The functions of structure of American Courts

- Adversarial process (Our system)

- Inquisitorial process

- Jurisdiction

Types of courts

- Federal courts

- State courts

- State supreme courts

- U.S. Supreme Court

- Tribal courts

Functions of courts

- Enforcing the expected norms such as values, standards, or expectations concerning people's behavior

- Adjudicating criminal matters

- Handling dispute processing

- Judges interpret the U.S. Constitution and other forms of law.

The structure of courts

- Trial courts of limited jurisdiction

- Trial courts of general jurisdictions

- Appellate courts

Federal court system

District courts --> Circuit courts of appeal --> Supreme Court of the United States (Tied to state court system ie. appellate court)

State court system

Trial courts of limited jurisdiction (include municipal, county, and state jurisdiction; variously called circuit, municpal, justice, district, or magistrate courts) --> Trial courts of general jurisdiction (variously called district, superior, or circuit courts) --> Intermediate courts of appeals --> Appellate court of last resort (supreme court)

Adress special social problems

- Drug courts

- Domestic violence courts

- Mental health courts

- Veteran's issues

- Homelessness

Qualities the public desires in a judge

- Powerful actors in the criminal justice system process.

- Their rulings influence police, defense attornerys, and prosecutors.

- Much of a judge's work takes place outsife the courtroom.

- The black robe and gavel symbolize impartiality.

- They are expected to make careful, consistent decisons that uphold the ideal of equal justice for all citizens.

Who becomes a judge?

- Public service

- Private practice to judgeship

- Strong connections to political parties

- Control working schedule

- Majority are White men

- Women judges increasing, now about one-third are female.

- Black Americans represent 13 percent of national population but only 10 percent of judgeships

- Latinx represent eighteen percent of the population but only seven percent of the judgeships

Functions of the judge

- Preside at trials

-Set bail

- Pretrial motions

- Sentencing

- Appeals

- Administrative tasks

- Adjudicator

- Negotiator

- Administrator

Adjudicator

Applies the laws equally and fairly.

Negotiator

Plea bargains, sentencing and bail

Administrator

Managining courtroom, deals with political powers and legislators

Problem-solvers

Emerging role to address societal issues

Trial process

Prearrest phase --> Initial appearance --> Preliminary hearing --> Arraignment --> Pretrial --> Trial --> Sentence

Prearrest phase (TP)

Review requests for and issue or deny search and arrests warrants.

Initial appearance (TP)

Advise accused of constitutional rights; determine bail or pretrial release; decide if case should be dismissed

Preliminary hearing (TP)

Evaluate prosecution and defense claims with regard to probable cause; decide whether evidence exists to hold accused for arraignment; rule on bail reduction request; continue to advise accused as to rights.

Pretrial (TP)

Rule on pretrial motions; answer requests for continuances.

Trial (TP)

Oversee jury selection; rule on evidence and other aspects of adversarial procedure; instruct affecting case; charge jury and receive report of deliberations; if nonjury trial, determine if guilty.

Sentence (TP)

Evaluate presentence report; hear opposing arguments of counsel with regard to sentence; impose sentence.

Five methods used to select state trial-court judges

- Partisan election

- Nonpartisan election

- Gubernatorial appointment

- Legislative selection

- Merit selection

(Some states use a combination)

Prosecuting attorney

Makes discretionary decisions whether to pursue criminal charges; they represent the government.

U.S. attorney

Prosectues federal cases.

State attorney general

Chief legal officer of the state.

The Prosecutorial System

- Politics and Prosecution

- The Prosector's Influence

- The Prosector's Roles

Discretion of the prosecutor

- charges/counts

- discovery

- Nolle prosequi

Key Relationships of the Prosecutor

- Police

- Victims and Witnesses

- Judges and courts

- the community

The prosecutorial decison process (PDP)

Investigation and arrest --> Initial appearance --> Preliminarily hearing

--> Arraignment --> Pretrial --> Trial --> Sentencing--> appeal

Investigation and arrest (PDP)

Assist police with preparation of search and arrest warrants; receive case file and screen to determine if prosecution should proceed; advise police on evidence needed.

Initial appearance (PDP)

As attorney for government, inform court and accused of charges; usually seek high bail for accused; may drop case by enter nolle prosequi.

Preliminary hearing (PDP)

Establish prima facie case; may nol. pros.; oppose bail reduction; discuss case with defense.

Arraignment (PDP)

Present charges against accused through indictment or information; acknowledge defendant's plea; continue plea bargain discussions.

Pretrial (PDP)

Prepare case by trial by gathering evidence, interviewing witnesses; oppose pre trial motions filled by defense; accept plea bargain.

Trial (PDP)

Respond in court to defendant's change of plea to guilty by reducing charges or take an adversarial stance in jury selection and prove state's case beyond reasonable doubt.

Sentencing (PDP)

Recommend and justify sentence.

Appeal (PDP)

Prepare argument to counter appeal filed by defense.

The defense attorney: image and reality

- Defense attorney

- Defenders of the Bill of Rights

Defense attorney

Work on behalf of people accused of committing crimes... NOT on behalf of criminals. Many are not convicted

Roles of defense attorney

- Advises defendants and protects defendant's rights at each stage of criminal process

- Advises defendants during questioning by police

- Represents them at arraignment and hearing

- Advocates for defendants at appeal process

Realities of the Defense attorney's job

- Three groups of private practice lawyers can be called specialists in criminal defense because they handle these cases on a regular basis.

− Nationally known attorneys

− Lawyers of choice for defendants who can afford to pay high fees

− Courthouse regulars who accept many cases for small fees and who participate daily in the criminal justice system as either retained or assigned counsel

Typical actions of a defense attornery processing a felony case

Police station --> Initial appearance--> Preliminary hearing --> Arraignment --> Pretrial --> Trial --> Sentencing --> Appeal

Police station (DAFC)

Provide advice during interrogation, ensure constitutional rights are violated; counsel accused during booking; seek pretrial release; determine facts of case from police records.

Initial appearance (DAFC)

Appear with accused before judge; seek pretrial release (release on recognizance or bail); challenge basis for arrest.

Preliminary hearing (DAFC)

Challenge prosecutor's stand that probable cause exists; seek bail reduction if client not released; discover evidence held by prosecutor; counsel defendant as to nature of case; discuss case with prosecutor.

Arraignment (DAFC)

Learn charges listed in indictment or information; advise client as to plea; discuss plea bargain with prosector.

Pretrial (DAFC)

Continue plea negotiations; file pretrial motions challenging evidence and procedural errors.

Trial (DAFC)

Change please from not guilty to guilty as result of bargain or assume adversarial stance in jury selection and presentation of defense.

Sentencing (DAFC)

Prepare client for expected outcome; urge lenient sentece.

Appeal (DAFC)

Develop appropriate basis for appeal; request that client be released pending appeal.

The environment of criminal practice

- Counsel for Indigents: Indigent defendants: Those who can not pay

- Ways of providing indigents with counsel

-Assigned counsel

- Contract counsel

- Public defender

The courtroom:how it functions

- Assigned Counsel

- Contract system

- Public Defenders

Assigned counsel

Court appointed lawyer

- Ad hoc system: private attorneys argee to serve

- Coordinated system: court administrator oversees appointment of counsel

Contract system

The government contracts with an attorney, nonprofit, or private firm to handle all indigent cases.

Public defenders

Most common system in large cities, state or county funded

Attorney effectiveness and competence

- Everyone has a constitutional right to have a lawyer.

What is effective counsel?

- Defendents must prove their attorney was ineffective.

- Identify specific errors made by attorneys that affected the result of the case and made the trial unfair.

Local legal culture

Norms (shared values and expectations) of a court community.

The local legal culture influences court operations in three ways:

1. Help participants distinguish between "our" court and other courts

2. Tell members of a court community how they should treat one another

3. Describes how cases should be processed

Adversarial process (vocab)

A term describing the manner in which U.S. criminal trial courts operate; a system that requires two sides, a prosecution and a defense.

Amicus curiae (vocab)

A brief in which someone who is not a part of a case gives advice or testimony.

Assize of Clarendon (vocab)

A 12th-century English law that established judicial procedure and the grand jury system.

Bench trial (vocab)

A trial in which a defendant waives the right to a jury trial and instead agrees to a trial in which the judge hears and decides the case.

Bill of Rights (Chapter 3/Vocab)

The first 10 amendments to the U.S. Constitution, which guarantee fundamental rights and privileges to citizens.

Blood feud (vocab)

A disagreement whose settlement is based on personal vengeance and physical violence.

Charge (vocab)

Formal statement of the criminal offense the defendant is accused of.

Circuit court (vocab)

A court that holds sessions at intervals within different areas of a judicial district.

Court of the Star Chamber (vocab)

An old English court comprising the king's councilors that was separate from common-law courts.

Docket (vocab)

A schedule of cases in a court.

General-jurisdiction court (vocab)

A court that may hear all types of cases except for those prohibited by law.

Geographic jurisdiction (vocab)

The authority of a court to hear a case based on the location of the offense.

Hierarchical juridiction (vocab)

The authority of a court to hear a case based on where the case is located in the system.

Inquest (vocab)

In archaic usage, considered the first type of jury that determined the ownership of land. Currently, a type of investigation.

Jurisdiction (vocab)

The authority of the court to hear certain cases.

Limited-jurisdiction court (vocab)

A court that has jurisdiction only over certain types of cases or subject matter.

Lower courts (vocab)

Sometimes called inferior courts, in reference to their hierarchy. These courts receive their authority and resources from local county or municipal governments.

Racketeering (vocab)

A federal crime that involves patterns of illegal activity carried out by organized groups that run illegal businesses or break the law in other organized ways.

Rule of four (vocab)

A rule that states that at least four of the nine Supreme Court justices must vote to hear a case.

State courts (vocab)

General courts and special courts funded and run by each state.

Subject-matter jurisdiction (vocab)

The authority of a court to hear a case based on the nature of the case.

Trial by ordeal (vocab)

An ancient custom in which the accused was required to perform a test that appealed to divine authority to prove guilt or innocence.

U.S. courts of appeals (vocab)

Intermediate courts that dispose of many appeals before they reach the Supreme Court.

U.S. district courts (vocab)

Courts of general jurisdiction that try felony cases involving federal laws and civil cases involving amounts of money over $75,000.

U.S. Supreme Court (Vocab)

The "court of last resort." The highest court in the United States, established by Article III of the Constitution, hears only appeals, with some exceptions.

Writ of certiorari (vocab)

An order from a superior court calling up for review the record of a case from a lower court.

Appeal (vocab)

A request to a higher court that it review actions taken in a trial court.

Arraignment (vocab)

The court appearance of an accused person in which the charges are read andthe accused, advised by a lawyer, pleads guilty or not guilty.

Bail (vocab)

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.

Bench Trials (vocab)

Trials conducted by a judge who acts as fact finder, determines issues of law, and renders a verdict. No jury participates

Bordenkircher v. Hayes (1978) (vocab)

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.

Boykin v. Alabama (1969) (vocab)

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

Challenge for cause (vocab)

Removal of a prospective juror by showing that they have some bias or some other legal disability. The number of such challenges available to attorneys is unlimited.

Circumstantial evidence (vocab)

Evidence provided by a witness from which a jury must infer a fact.

Citation (vocab)

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.

Demonstrative Evidence (vocab)

Evidence that is not based on witness testimony but that demonstrates information relevant to the crime, such as maps, X-rays, and photographs.

Direct evidence (vocab)

Eyewitness accounts.

Habeas Corpus (vocab)

A writ or judicial order requesting the release of a person being detained in ajail, prison, or mental hospital. If a judge finds the person is being held improperly, the writ maybe granted, and the person released.

Jury (vocab)

A panel of citizens selected according to law and sworn to determine matters of fact in acriminal case and to deliver a verdict of guilty or not guilty.

Missouri v. Frye (2012) (vocab)

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.

Motion (vocab)

An application to a court requesting that an order be issued to bring about a specificaction.