Exam 3 Criminal Justice

Beginning Of Court Process

After complaint filed,enter court room. Is trial necessary? 2 Main processes, prelimary hearing or grand jury review

Preliminary Hearing

• Criminal Information- from a judge

• Adversarial proceedings that test the government’s case (prosecutor vs. defendant)

• Bind- Over- judge decides if there is enough evidence to go to trial

Grand Jury

Indictment - seeking from a grand jury

• A secret proceeding to test the governments case ( defendant and there attorney not allowed, as well as public)

• Only allowed in are prosecutor, witnesses, and judge, as well jury

• Judge is not charge of grand jury, prosecutor runs the court

Trial Burdens

Burden of Proof is on prosector beyond a reasonable doubt

Trial Processes (4)

• Opening Statements

• Case-In-Chief

• Closing Arguments

• Deliberation and Verdict

Opening Statement

This is the first actual dialogue of the trial

• Both Parties;

• 1st is prosecution

• 2nd defense

Case-in-Chief

• Takes place in two steps

• 1st= prosecution

• 2nd=defense

• The heart of the trial

• Both sides present their key evidence to the jury (ex-physical, expert, witness testimony)

• Once “rested” next party is up

Witness Testimony

Steps:

• Sworn in

• Direct

• Cross

• Re-Direct

Competent- all presumed competent unless shown otherwise

Lay Witness

Lay needs personal knowledge of the matter about which they are testifying (the exception is speeding because it is common knowledge)

Expert Witness

If scientific, technical, or other specialized knowledge will assist the tier of fact to understand the evidence of to determine a fact in issue, doesn’t not have formal education to qualify as expert witness

Closing Arguments

Summing up the case, prosecutor goes first, and defense goes second. Last chance for parties to address each other before jury deliberates. Always end closing arguments with what you want jury to do.

Deliberation and Verdict

Judge will read to the jury the process they need to follow to conclude either guilty or not guilty, after receiving instructions jury is send to deliberate ( take anywhere from a few hours to weeks). Then after make final decision of the main trial-verdict is read out

Plea Agreements

An agreement between the defendant and the prosecutor, in which the defendant agrees to plead guilty or no contest in exchange for an agreement by the prosecutor to

1-Drop Charges

2- Reduce Severity

3- Recommend Time to the Judge

Vast Majority of Criminal Justice cases in U.S…

Are settled by a plea agreement

Brady V. US

Established constitutionality of plea agreements

Types Of Guilty Pleas (2)

Straight Gulity Plea and Negotiated Gulity Plea

Straight Guilty Plea

Plea without the negotiation of prosecution, done when evidence is far stacked against you, bad for you to go to trial

Negotiated Guilty Plea

Plea negotiated by the plea

Types of Concessions (3)

Charge Bargaining, Sentence Bargaining,Fact Bargaining

Charge Bargaining

Reduce Severity or drop charges

Sentence Bargaining

Recommend time to judge

Fact Bargaining

Agreement of guilt, but let jury decide punishment (ex- Alex Jones and Sandy Hook Case)

Waiver

By signing a plea agreement, you are waiving certain constitutional rights

• Intelligently

• Knowling

• Voluntary

Waiver Rights for Plea Agreements (3)

• Silent -5th

• Speedy Trial-6th

• Confront Witnesses -6th

Courtroom Showing

When showing that the defendant is properly waiving their rights by accepting a plea agreement ( on the record or in open court) Judge asks the defendant if knowingly , voluntary, and intelligently

Alford Plea

North Carolina V. Alford

• Can maintain innocence put can plead guilty ( no constitutional requirement that requires you to admit guilt if you plead guilty)

ex-West Memphis Three

Right to Counsel

• Specific, Different right to counsel in the constitution

• 5th

• 6th

Gideon v. Wainwright

SC held that states are in fact constitution required to provide counsel to defendants, even they are unable to afford one (applies to juveniles as well)

5th Amend applies….

When invoked during custodial interrogation

6th Amendment applies…

When adversarial proceeding begin ( first appearance in a judge when arraigned)

Only receive attorney in front of judge during….

Critical Stages

• Specifically, when in court

• When failure to pursue strategy would result in unfair treatment

• When skilled counsel is useful

• When the process tests the merits of the case

When 6th Amend. Right Ends

Once sentence has been handed down and verdict has been stated

Appeals

• Defendant has an absolute right to counsel for “first appeal”

• After first appeal, the equal protection clause has been read out of the constitution and the right of counsel no longer exists

Waiver

• Must waive for each right to counsel when the Amendment kicks in

• 3 Requirements (Knowingly, Voluntary, Intelligently )

Retained v. Appointed

• Retained= absolute right to counsel through the entire process

• Appointed= not through the entire process (certain times)

Have a Right When…

• Post-charge line-ups

• Show-ups

• Any pretrial identification technique that is so suggestive and are done fairly

Have no Right when..

• Photo identification

• Taking fingerprints

• Taking blood samples

• Handwriting samples

• Brief recess during the defendant’s testimony at trial

• Parole

Types of Cases to have Right to Counsel..

Felonies (cases that involve actual jail time as possible punishment)

Right to Effective Counsel

Attorney must be competent to serve defendant

Conflict-Free Counsel

Whether retained or appointed

• To counsel without conflict of interest

• If conflict is present and is not waived, and arises with adverse effect then result is automatic reversal

Pro Se Representation

• Defendant has a constitutional right to knowingly and voluntary opt for pro se representation at trial

• Even when the court appoints stand- by counsel

• No right to pro se representation on appeal

  Ex- Ted Bundy

When Retained by Another

You don’t have right- unless enforced by your self - no one can do it for you

Sentencing/Hearing

• Usually Post-Trial (bigger crimes)

• Smaller crimes come earlier

• Prosecution will present aggravating factors- why defendant should get a heavy sentence

• Defense will present mitigating factors - why defendant should get lighter sentence

Allocution

All defendants have right, not required- Your ability to directly address the judge without counsel- “ask for mercy”

Sentencing Guidelines

Federal and State- give judge a range/ recommendation of what to give defendant sentence.

Types of Sentences (6)

• Imprisonment

• Probation

• Fines

• Resitution

• Intermediate Sanctions

• Death

Imprisonment

• Dominant form of punishment

  Issues: Overcrowding, Conditions of Confinement Lawsuits, High Costs,

Probation

• Designed as a means of maintaining control over offenders while permitting them to live in the community under supervision.

Fines

• Used extensively in traffic offenses and minor ordinance violations

• $1 billion generated for local governments

• 86% of cases

Restitution

• The requirement that the offender provide reparation to the victim for the harm caused by the criminal offense

• 2 Types (Direct and Symbolic)

Intermediate Sanctions

• Lies between prison and probation

  Types:

• Community Service

• Intensive- Supervision Probation

• Home Detention with Electronic Monitoring

• GPS Monitoring

• Boot Camp and Shock Incarceration

Death

• Capital Punishment

• Most controversial form of punishment

• Only punishment for Capital Offenses

Direct Restitution

Making direct monetary payments to victims

Symbolic Restitution

Offender makes reparation in the form of good works benefiting the entire community rather than the particular individual harmed.