CRIM 100 - CHAP 10: Court workers

court workers

affirmative defense

defendant admits to the charge but argues a mitigating reason they shouldn’t be held criminally responsible — defense has BURDEN OF PROOF

court room work group

CJS professionals who work together to move cases through the courts

defense

response of a defendant to a criminal charge; include denial of allegations in an attempt to negate charges

defense attorney

6th provides “effective” counsel; responsibility is to uphold the accused's rights before, during, and after the trial — present for: interrogation, jury selection, pre-trial testing (fingerprint, etc), arraignment, trial, and more

4 d’s — divert delay deny destroy 

double jeopardy

prohibited by 5th, prosecution of an accused person for the same crime twice

entrapment

police tactics that unduly encourage or induce a person to commit a crime they typically wouldn't

judicial misconduct

inappropriate behavior by a judge — judicial arrogance is a big contributing factor

judicial selection

means by which a judge is selected for the bench; includes election, nominating commission, and hybrid of 2

prosecuting attorney

one who brings prosecutions, represents people of jurisdiction

public defender

attorney who's job is to defend indigent defendants

merit selection

aka Missouri plan; 1. committee considers names of interested judge candidates 2. committee sends recommendations 2 governor 3. Governor makes appointment

right-wrong test

tests of legal insanity, asks defendant if they understand nature of their act and that it was wrong

federal judicial selection

through the POTUS, then they are approved by senate

Judicial selection in the states

varies from state to state, state judges handles 97% of cases heard in US:

1 commission-based appointment: merit selection; committee then governor

2 partisan election: vote w/ political party on ballot

3 non-partisan election: vote w/o political party on ballot

4 gubernational appointment: governor appointed only

5 legislative appointment: legislative vote

Judges: benefits, training, challenges

benefits: life terms (USSC), high degree of respect & prestige

training: mandated judicial education, orientation, continuing ed

challenges: mastering law, supervising court & staff, coping with the job 

Judge recursal

when a judge removes themselves from a case b/c there is a conflict of interest or an inability to be impartial 

traits of a good judge

law is not their life, humility, understanding that they are not all-powerful

Guidelines for judicial conduct

Committee on Codes of the Judicial Conference on the US: ethic guidelines for federal judges

Model code of judicial conduct: outlines appropriate behavior of a judge in the courtroom

LOTS OF SOCIAL MEDIA TALK 

Who are the most powerful people in the CJS?

prosecutors

decisions of a prosecutor

whether to charge, types of charges, recommending bail/denial of bail, plea negotiation, sentencing recommendations 

primary role of prosecutors is…

TO SERVE JUSTICE

What branch of government are prosecutors?

executive branch → enforce laws

Prosecutors are…

human nature experts, puzzle solvers, dauntless, psychologists

Number of trial attorneys

~1.3 million attorneys in the US — 0.052% are trial attorneys

Conspiracy can be…

unspoken; acting in a way that demonstrates a common understanding of a criminal act

Circumstantial evidence

Evidence that requires the judge or jury to infer that the defendant committed the crime.

Strickland v Washington

made the Strickland test for ineffective counsel:

1 counsel was deficient in their performance

2 the deficiency prejudiced the defendant enough to the effect the outcome of the trial

jobs of a defense attorney

a explain charges & their punishment, and what will happen if a case goes to trial

b advise & protect defendants rights

c investigate case 

d plea bargaining

e trial: object, cross-examine, DELAY

Pro se defendant

a defendant that represents themselves (waived 6th’s right to counsel)

Public defender system

system for providing indigent people legal representation that uses PUBLIC DEFENDERS, which are paid govt attorneys whose sole purpose is to represent indigent people

con of public defender system

public defenders are often overworked & underpaid — lead to quality issues

assigned counsel system

system for providing indigent people legal representation that uses private attorney that are appointed by a court on a as-needed basis

con of assigned counsel system

attorneys aren’t necessarily criminal attorneys — can have little to no experience in the field 

contract system

system for providing indigent people legal representation that uses contracts with attorneys, law firms, or nonprofits to bring counsel

con of contract system

lowest “bidder” can lead to ineffective counsel

Who are the 6 main actors the the CJS?

1 judge

2 prosecutor

3 defense attorney

4 court reporter: attends proceedings & records what is being said

5 clerk: organizes & catalogs court paperwork into evidence 

6 bailiff: maintains order in courtroom & moves defendants

Justification defenses

1 self defense: has to be under reasonable suspicion of deadly force (thought your life was in danger)

2 necessity: harm avoided > harm done (had to do it)

3 duress: must be under unlawful & immediate threat 

excuse defenses

1 age (infancy defense)

2 entrapment

3 intoxication (must be involuntary)

4 double jeopardy

5 mental illness/insanity

How successful are insanity defenses?

less than 1% of cases, only 25% of those are successful