cj unit 3

functions of pretrial

gather relevant information to assist judges determine detention or release, conduct screening and assessment of offenders, provide risk management and services to selected offenders, manage some pretrial diversion programs. highly variable if this is provided or not.

what two concepts determine court structure?

jurisdiction/statutory authority, venue/geography

state trial courts of limited jurisidiction

lowest level of state trial courts handle misdemeanors and are involved with early phases of felonies.

state intermediate appellate courts

do not hold trials, only review trial court decisions. regional venue. acceptance of an appeal is for the most part discretionary.

state courts of last resort

exhaust appellate process in state system, acceptance of an appeal is for the most part discretionary.

state courts of original/general jurisdiction

felony state trial courts. handle pretrial motions, plea negotiation, occasional trial, sentencing, and probation revocations

misdemeanor federal courts

courts of limited jurisdiction handle federal misdemeanors (Magistrate Courts, presided over by Magistrate Judges). 94 Federal Judicial Districts. Focus is on case processing.

federal felony courts

courts of original/ general jurisdiction handle federal felonies. district courts presided over by is district judges. 94 Federal Judicial Districts. Focus is on case processing.

federal intermediate appellate courts

federal judicial circuits, decide specific appellate issues. acceptance of appeals is discretionary.

federal court of last resort

scotus, appellate jurisdiction, nationwide venue, acceptance of an appeal is discretionary.

Between 1974 and 2022 the number of prosecutors increased nearly…; over the same time felony filings increased

62%; 300%

primary factors that have created massive caseloads and dockets

lack of funding, tough on crime policies, recidivism

consequences of crowded dockets

relentless focus on case processing, restricted time spent on each case, extraordinary reliance on plea bargaining, little time or consideration for reducing recidivism

trends over the past 50 years in the CJS

changes in ways of thinking about crime and punishment, funding, policy, laws

between 1980 and 2021, the state and fedarl prison population increased by…

390%

between 1980 and 2021, the federal prison population increased by

580%

us has _% of the world’s population but _% of the world’s incarcerated population

5, 25

between 1980 and 2021, the population under correctional control increased by _%

355; an additional one million are not officially counted are under pre-trial status, supervision, diversion programs, etc.

why are the trends in the cjs unfolding the way they are?

chaos in the streets in the 1960s, high crime, violent crime increased 88% between 60-68, race riots 65-70, campus protests, assassinations, palpable lack of law and order, nixon and the 67-68 presidential campaign

warren court is associated with…

judicial liberalism, mapp, gideon, escobedo, miranda, and more, constituted the incorporation of the Bill of Rights, meaning states has to have the same procedural standards as the federal government