CRJ Exam 3: Courts, Courtroom Actors and Procedures, and Sentencing and Capital Punishment

Adversarial System:

A legal system where there’s a contest between 2 opposing sides, with a judge or jury sitting as an impartial arbiter, seeking truth. It relies on cross examination and distribution of power.

Dual court system:

state and federal court systems of the US

Jurisdiction:

The authority of a court to hear a particular type of case based on geography (city, state, or federal) and subject matter (Criminal, civil, probate)

State Court System:

civil or criminal courts where cases are decided through adversarial process; typically including a court of last resort, appellate court, trial courts, and lower courts.

Federal Court System:

The 4-tiered federal system that includes: Supreme court, Circuit courts of appeal, district courts, and magistrate courts.

State trial courts (lower courts):

They are the lowest level of state courts. They have very limited jurisdiction. They also make up most of all judicial bodies in the US

• Workload: 83 million cases/year. Divided into felony criminal, non-felony criminal, and civil 

Major trial courts (general jurisdiction):

The authority to decide all matters not specifically delegated by state law to the lower courts of limited jurisdiction. They have specialty courts. Used to divert criminal defendants into treatment programs instead of jails or prisons. 

Appeals courts:

occurs after conviction in a criminal case or judgment in a civil case. 2 kinds:

Intermediate Court of Appeals (ICA):

a state court that stands between a trial court of last resort, typically has appellate jurisdiction only. Focuses on error corrections. Makes decisions with panels.

Court of Last Resort (State Supreme Court):

the last court that may hear a case at the state or federal level. Can choose what case they want to hear, EXCEPT for death penalties. They MUST review death penalties.

District Courts:

trial courts at the county, state, or federal level with general and original jurisdiction. They are the “workhorses” of the federal judiciary. All civil and criminal cases start here. Have 1 U.S Attorney per district

Circuit Court of Appeals:

Several counties or districts have these courts to hear appeals from district courts. They are the last stop for an appeal before they reach the US Supreme court.

When deciding on a cause, they could use majority vote or En Bane (all judges decide a case or reconsider the decision together)

U.S. Supreme Court:

The court of last resort, the highest appellate court. Has 9 judges who are appointed for life by the president and senate. Has ultimate jurisdiction of ALL federal courts and state courts including federal law.

4 separate activities in 9 months:

• They read through thousands of petitions

• Time for  oral arguments

• Time for oral discussion of cotes

• Write opinions

Workload for US Supreme Court

Writ of certiorari:

A demand from the Supreme court for all lower courts to send case records up for review

Rule of four:

If 4 out of 9 justices decide to review a case, the court will hear it, since the Supreme Court can choose which case to hear or not.

Administration of US Supreme Courts:

Chief Justice: orders business of the supreme court, administers the oath of office to the president during inauguration. 

Clerk of the Court: chief justice’s administrative officer

Marshal: supervises building operations 

Report of decisions: prints and publishes the court’s decisions

Pretrial Processes:

processes before the trial that include: Booking, Initial Appearance, Bail, Preliminary Hearing, Grand Juries, Arraignment, Plea Negotiation or Bargaining, Jury Trials, Pretrial motions/processes, Discovery, and Diversion programs/problem-solving courts.

Booking:

Arrestee is taken to jail where a record of them is made.

Initial Appearance:

The accused is read their rights, informed of the charges, and given the amount of bail required to secure pretrial release. Also where probable cause is decided.

Bail:

“Pretrial Release”, Money or bonds are provided by a defendant to guarantee their return to court to answer criminal charges. Not possible for violent felonies.

Preliminary Hearing:

Conducted by a magistrate who determines if a person charged with a crime should be held for trial based on probable cause. The judge decides probable cause.

Grand Juries:

The body that hears evidence and determines cause regarding crimes and can return formal charges against suspects. They find probable cause to determine if a trial is necessary.

Arraignment:

A formally charged defendant is informed of the charges and asked to enter a plea of guilt, not guilty, or nolo contendere (no contest).

Nolo Contendere:

a defendant pleads guilty to avoid trial and it can’t be used against them in later civil cases

Plea Negotiation:

The prosecutor and the accused in which a plea of guilty is given by the defendant, with certain specified considerations in return. 90% of convictions go through plea deals because of the benefits. 

Charge Bargaining:

A type of plea negotiation, offering to plead guilty to a lesser offense than the one charged in hopes for a lighter sentence

Counter Bargaining:

A type of plea negotiation, a response to an initial offer that rejects the original terms and proposes new ones

Negotiating:

A type of plea negotiation, how the defendant will serve an imposed sentence (2 5-year terms served concurrently)

Jury Trials:

a group of ordinary citizens hears evidence and decides the facts and final verdict of a case, while a judge oversees the law and procedure.

Williams v. Florida

 6 jurors satisfies the constitution, but 12 is nice.

Pretrial Motions/Process:

Any number of motions filed by prosecutors and defense attorneys prior to trial, to quash evidence, change venue, conduct discovery, challenge a search or seizure, raise doubts about expert witnesses, or exclude a defendant’s confession

Discovery:

A procedure where both the prosecution and the defense exchange and share information so that there’s no surprise at trial.

But prosecutors can withhold information because what’s to be given isn’t specified.

Diversion Programs/Problem Solving Courts:

A sentencing alternative that removes a case from the criminal justice system, usually to move a defendant into another treatment program or modality

Speedy Trial Act, 1974:

“Swift Justice.” ensures compliance with the 6th amendment’s provision for a speedy trial by requiring that a federal case be brought to trial no more than 100 days following the arrest

Barker v. Wingo:

The court must determine if the defendant’s right to a speedy trial was violated.

Length of Delay, Reason for Delay, Time & manner in which the defendant asserted their right, and the degree of prejudice to the defendant that the delay has caused

Trial Protocols:

Includes opening statements, prosecution’s case, motion to dismiss, defense’s case, prosecution rebuttal, closing arguments, jury instructions, jury deliberations and verdict, posttrial motions, and appeal.

Opening Statements:

Prosecutor starts because they have the burden of proof, then defense. They are meant to outline facts, not argue.

Prosecution’s Case:

Prosecution presents and questions witnesses and says relevant evidence. Defense cross-examines the witnesses. Prosecution can redirect and reexamine its witnesses

Motion to Dismiss:

Defense makes a motion to dismiss all charges, usually denied.

Defense’s Case:

Defense presents cause with direct examination of chosen witnesses, Prosecution can cross-examine and reexamine witnesses. The defendant doesn’t have to make a statement, and it isn’t held against them.

Prosecution Rebuttal:

Prosecution gives evidence to refute the argument of the Defense

Closing Arguments:

Both sides review evidence so jury can start deliberations, Prosecutor CANNOT offer personal opinion, make inflammatory or discriminatory remarks, or comment on the defendant’s failure to testify.

Jury Instructions:

“Charging the jury.” The judge explains the law that’s applicable and possible verdicts.

Jury Deliberations and Verdict:

The jury makes their verdict.

Posttrial Motions:

include’s sentencing and punishment decisions

Sentencing

Part of the posttrial motions, Judge determines it after the verdict or later. The Presentence Investigation Report (PSI) looks at the history of the defendant for extenuating circumstances, criminal record, and review of the crime. Then recommends the best sentence.

Punishment:

Part of posttrial motions,  PSI and Judge can issue incarceration, probation, fines, etc.

Appeal:

After a conviction, the defendant can challenge its outcome. They are considered if: Legal Error, Juror Misconduct, Ineffective Counsel, Lack of sufficient evidence to support guilty verdict. If granted, the trial starts again.

Federal Judge Selection:

The means by which judges are selected for the bench, to include election, nominating commission, or a hybrid of these methods.

Commission-Based Appointment

A method of judge selection, names of interested candidates are considered by a committee and recommendation are then made to the governor, who then makes the appointment 

Partisan Election:

A method of judge selection, Judicial candidate’s party affiliation is designated on the ballot

Nonpartisan Election:

A method of judge selection, Judicial candidate’s party affiliation, if any, isn’t designated on the ballot

Gubernatorial Appointment:

A method of judge selection, Judge is appointed by the governor, which requires the confirmation by the legislature or an executive council

Legislative Appointment/Election:

A method of judge selection, Judges are nominated, appointed, or elected by legislative vote only

Life terms for federal positions, ascending to the bench is success for lawyers.

Benefits of being a Judge:

It is mandated and located at UNR

Training for Judges:

They must know and apply the law.

Administer the court and the docket while supervising court staff

Cope with the psychological discomfort that accompanies the position

Challenges of being a Judge:

Model Code of Judicial Conduct:

An aspect of courtroom civility, adopted by the House of Delegates of the American Bar Association in 1990, it provides a set of ethical principles and guidelines for judges

Judicial Misconduct:

inappropriate behaviors by the judge

Prosecutors, Defense Attorneys, Court Reporter, Clerk of the Court, and Bailiff.

Courtroom workgroup is composed of:

Prosecutors:

Aka, US Attorney, are the “gatekeepers” of the justice system, they are the one who brings prosecutions, representing the people of the jurisdiction 

Prosecutorial Immunity:

Prosecutors are immune from prosecution for actions in their official capacity. Meaning, they cannot be sued for civil damages for how they handled a case.

Defense attorneys:

are the “guiding hand of counsel” of the justice system, one whose responsibility is to see that the rights of the accused are upheld prior to, during, and after trial; the 6th amendment provides counsel and other constitutionally enumerated rights that the defense attorney has to uphold

Strickland v. Washington:

Developed the Strickland test, evaluate claims of ineffective assistance of counsel made by the defendant under the Sixth Amendment

Griffin v. Illinois:

there can be no equal justice where the kind of trial a man gets depends on the amount of money he has.

Public Defender:

A kind of defense attorney, whose full-time job is to represent indigent defendants

Assigned Counsel System:

Private attorneys appointed on an as-needed basis by the court, but they usually have no or little experience with handling criminal matters

Contract System:

An attorney, law firm, or nonprofit organization contracts for a certain amount of money, with a unit of government to represent its indigent defendants. They are cheap, streamline the counsel process, and have expertise, but getting the cheapest one results in ineffective legal services

Court Reporter:

attends legal proceedings (trials and depositions) to record what’s said and create transcripts of the proceedings

Clerk of the Court:

organizes and catalogs all paperwork generated during trial. Manages jury subpoena and selection processes, and administers oaths to witnesses and jurors

Bailiff:

law enforcement officer who’s responsible for maintaining order and safety in the court room and judge's chambers. Move defendants and jury members in and out of the courtroom, and remove people ordered out of the courtroom

Punishment:

penalties imposed for committing criminal acts, to accomplish retribution, deterrence, incapacitation, and/or rehabilitation

Retribution:

Lex Talionis, Punishment that fits the crime, “equitable” for the offense.

Deterrence:

The effect of punishments and other actions to deter people from committing crime

General Deterrence:

Seeing others be punished for crime

Specific Deterrence:

using punishments for specific offenders to discourage future crimes

Incapacitation:

Rendering someone unable to act either through incarceration or by court order

Rehabilitation:

Attempts to reform offender through vocational and educational programing, counseling, etc so that they aren’t recidivist and don’t return to crime and prison

Penitentiary Model:

Motivated by the industrial revolution and increased population causing more crimes. Total isolation designed to inspire penitence, moral reflection, and labor (just for the sake of it) 

Reformatory Model:

Emphasized inmate change and indeterminate sentences. Began with the American Correctional Association and built the Elmira Reformatory. College like.

Progressive Model:

Motivated by corruption in government, urbanization, industrialization, and immigration. They wanted to cure and understand crime. Also to treat criminals so that they could live crime free lives. Improved social conditions that bred crime.

Medical Model:

Saw criminals as mentally ill and started to treat them. Primarily focused on Rehabilitation.

Community Model:

After the riot in Attica, prisons were seen as ineffective and hindered a prisoner’s ability to develop a crime-free lifestyle. So they changed it.

Crime Control Model:

What we used today. Called for longer sentences of violent offenders. Also developed the Three Strikes Law.

Sentencing Guidelines:

Instrument developed by the federal government that used a grid system to chart the seriousness of offense, criminal history, and so forth and thus allow the court to arrive at a more consistent sentence for everyone. 

Sentencing Reform Act:

ensures that similarly situated defendants were sentenced in a more uniform fashion instead of depending on the judge 

Dropped rehabilitation as the goal of punishment, Created the US sentencing Commission and gave it sentencing guidelines, made all federal sentences determinate, and Authorized appellate review of sentences

Booker v. U.S.

Made the sentencing guidelines advisory not mandatory to follow because it violates the 6th amendment

Indeterminate sentencing:

A convict is sentenced for a set range of time (5 to 10 years).

Determinate sentencing:

A convict is sentenced for a set time (10 years).

Consecutive sentencing:

 If convicted for more than 1 crime, serve all sentences at the same time. It runs in the same time line.

Concurrent sentencing:

If convicted for more than 1 crime, serve all sentences separately. Once one ends, the other one immediately starts.

Victim impact statements:

information provided before sentencing by the victims of a crime, about the impact the crime had on their lives, allowed by the US Supreme Court

Payne v. Tennessee:

The court determined the victim has the right to be heard.

Capital Punishment:

a sentence of death, or carrying out the same via execution of the offender

It doesn’t have any deterrent value.

Its discriminatory against minorities.

Retribution is unfit for a civilized society.

It can claim the lives of innocent people

Arguments AGAINST Death Penalties

Ultimate retribution
Biggest Deterrent

Arguments FOR Death Penalities

Exoneration:

to absolve someone of criminal blame, or find someone not guilty 

Aggravating circumstances:

Use of weapon, commission of other felonies, murder for hire, or the offender’s being a peace officer engaged in official duties that aggravates the crime.

Mitigating circumstances:

Little or no prior criminal history, offenders acting under duress, under the influence of mental illness/emotional disturbance, offender is young that mitigates the crime.