Exam III

MODOC County Court House

• Erected: Anno Domini MCMXIV

Module 20: History of Courts

• Topics Covered:
  • Early English Courts
  • Early U.S. Courts
  • Court Development from the Civil War through the World Wars
  • Court Developments since the 1950s

Court Development from the Civil War Through the World Wars

• Key Influences:
  • Industrialization and emancipation of slaves led to a dramatic increase in criminal cases.
• Resulting Changes:
  • Higher levels of plea bargaining
  • Increased number of courts and specialization (e.g., City and juvenile courts)
  • Establishment of probation and parole
• Legal Developments:
  • Strengthening of the Sixth Amendment right to an attorney.
  • In 1914, the first public defender office opened.

Court Developments Since the 1950s

• The Warren Court (1953–1969):
  • Notable Cases:
  • Brown v. Board of Education: Progressive decisions impacting the criminal justice system.
  • Mapp v. Ohio (1963): Established the exclusionary rule, which prevents illegally obtained evidence from being used in court.
  • Gideon v. Wainwright (1963): Indigent defendants have the right to counsel in criminal cases.
  • Escobedo v. Illinois (1964): Right to counsel during interrogation was acknowledged.
  • Miranda v. Arizona (1966): Required law enforcement to advise defendants of their rights to counsel when interrogating.
  • Duncan v. Louisiana (1968): Right to jury trial was extended to state courts.
• Shift in the 1980s:
  • Societal shift toward crime control led to more restrictions on rights by the courts.
  • Changes Included:
  • Good faith exception to the exclusionary rule, public safety exception to Miranda, no right to bail specified, and restricted appeals for death row inmates.
• Legal System Expansion:
  • In 1950, there were 37,720 cases heard in federal courts; by 2019, that number rose to 90,473.

Module 21: Current Organization of Courts

• Key Topics:
  • Trial Versus Appellate Courts
  • The Federal Court System
  • State Court Systems
  • Specialized Courts

Learning Objectives of Module 21

1. Distinguish trial courts from appellate courts in the United States.
2. Explain how a federal crime could be heard by the U.S. Supreme Court.
3. Outline the organization of the state court systems in the United States.
4. Describe the types of specialized courts in the United States.

Trial Versus Appellate Courts

• Jurisdiction:
  • Defined by geography and subject matter (e.g., family court, criminal court, drug court).
• Functions and Responsibilities:
  • Trial Courts: Decide matters of fact, determine guilt. Overseen by one judge; include witnesses and juries.
  • Appellate Courts: Comprised of multiple judges; ensure trial proceedings followed proper procedures and laws. Do not hear new testimony; review transcripts and oral arguments.
  • All criminal cases have the right to one appeal; second appeals are discretionary.

Overview of the Structure of the Dual Court System in the United States

• Components of the Court System:
  • High Courts, Intermediate Appellate Courts, Major and Minor Trial Courts.
• State System:
  • State Court of Last Resort (Primarily Discretionary Appellate Jurisdiction).
  • State Courts of Mandatory Appellate Jurisdiction.
• Federal System:
  • U.S. Supreme Court: 8 Associate Justices and 1 Chief Justice.
  • U.S. Courts of Appeals: 13 total (11 circuits, 1 for D.C., 1 for special federal issues).
  • U.S. District Courts: 94 Federal Districts.

The Federal Court System

• U.S. District Courts: 94 trial courts; judges nominated for life by the president, confirmed by the Senate.
• U.S. Magistrate Judges: Created in 1968 due to increased workload; can perform all duties except presiding and sentencing in felony cases.
• U.S. Courts of Appeals: 13 total, with judges appointed by the President and confirmed by the Senate. Case review usually involves a panel of 3 judges, with the possibility of an en banc hearing if needed.

Geographic Boundaries

• Visual representation of the geographic boundaries for U.S. Courts of Appeals and U.S. District Courts (details omitted).

U.S. Supreme Court

• Composed of 9 Justices (appointed by the President, confirmed by Senate, serving life terms).
• Case Selection: The court selects cases based on national interest or lower court conflicts, typically accepting 100-150 of the 7,000+ applications for review.
• Writ of Certiorari: An order from a superior court to lower courts to send case records for review.
• Each side is allotted 30 minutes to present their arguments.

State Court Systems

• State Trial Courts of Limited Jurisdiction: Most common, handling low-level offenses (e.g., traffic, petty offenses).
• State Trial Courts of General Jurisdiction: Handle major trials, often referred to as county courts (e.g., felony cases).
• Court Unification Trends: Movement toward streamlining operations, moving from localized to state control since the 1990s.

State Courts of Appeal

• Increase in states having appellate courts since historical reliance on only supreme courts; today, 41 out of 50 states have them.
• State Supreme Courts: Function similarly to the U.S. Supreme Court with varying numbers of judges (5-9).

Specialized Courts

• Types:
  • Drug courts
  • Domestic violence courts
  • Homelessness courts
  • Gun courts
  • Mental health courts
  • Community courts
  • Veterans courts (focus on veterans with substance abuse problems or mental health issues).

Module 22: Courtroom Personnel

• Primary Actors and Contributors in the Courts.
• Learning Objectives:
  1. Identify primary actors and their responsibilities in courts.
  2. Summarize contributors who work in courts and their roles.
  3. Identify prominent groups contributing to courts but not working in them.

Primary Actors in the Courts

• Judges: Roles vary by court type, often seen as symbols of justice with varying duties based on jurisdiction.
• Selection of Judges: Appointment, elections, and merit selection via judicial nominating commissions comprising lawyers and laypersons.
• Removing Judges:
  • American Bar Association Model Code of Judicial Conduct establishes ethical standards.
  • Judicial conduct commissions evaluate complaints and can recommend removal of judges.
  • Federal judges require impeachment by the House of Representatives followed by trial in the Senate.

Primary Actors in the Courts - Prosecutors

• Structure:
  • Federal prosecutors known as U.S. Attorneys, report to the U.S. Attorney General.
  • State prosecutors report to State Attorney General. Elected local prosecutors, often in county or city jurisdictions.
• Prosecutorial Discretion: Deciding which charges to file against cases, often exercising significant unchecked power.

Factors Influencing Prosecutorial Discretion

• Seriousness of the offense
• Relationship between victim and offender
• Level of evidence supporting prosecution
• Criminal history of suspect
• Concern about media attention
• Jury pool influences

Issues with Prosecutorial Discretion

• Potential for injustices and unequal application of law can arise.

Primary Actors in the Courts - Defense Attorneys

• Indigent Defense Development:
  • Right to counsel established through various cases over the years:
  • 1938: Indigent defense in federal courts established.
  • 1942: Granted in state courts for capital offenses.
  • 1963: Expanded to all felonies per Gideon v. Wainwright.
  • 1972: Extended to any charges that could lead to imprisonment.
• Types of Defense Representation:
  • Public defender offices, Assigned counsel systems, and Contract systems.
• Nature of Work: Often considered the least powerful members of the court working group.

Actions of Defense Attorneys

• Advising clients on the criminal process, negotiating plea bargains, preparing witnesses, conducting investigations, despite limited resources and reliance on government investigations for indigent clients.

Contributors in the Courts

• Bailiffs: Provide law enforcement presence in courtrooms.
• Court Reporters: Document court proceedings.
• Court Administrators: Ensure efficient court operation.
• Clerks of Court: Assist in courtroom procedures.

Contributors Who Do Not Work in the Courts

• Jurors:
  • Qualifications: U.S. citizen, 18 years or older, resident for typically one year.
  • Civic duty; selected from public records (e.g., DMV, voter registration).

Challenges for Jurors

• Issues arising may involve training on complex cases, understanding legal definitions, etc.

The 6th Amendment

• Guarantees rights in criminal prosecutions, including the right to counsel, a speedy trial, and an impartial jury.

Module 23: Courtroom Practices and Pretrial Procedures

• Key Topics:
  • Charging
  • The Initial Appearance
  • Preliminary and Grand Jury Hearings
  • Arraignment
  • Diversion
  • Plea Bargaining

Learning Objectives for Module 23

1. Describe the prosecutor's role in suspect charging.
2. Explain purposes of the initial appearance.
3. Compare preliminary and grand jury hearings.
4. Identify significant events during an arraignment.
5. Define diversion and its usage.
6. Assess benefits and disadvantages of plea bargaining.

The Initial Appearance

• The first court appearance where the defendant is notified of charges.
  • Results in pretrial release: bail or remand.
  • Defendant is made aware of rights and options for self-representation if competent.
  • Must occur within 48 hours following arrest.

Preliminary and Grand Jury Hearings

• Goals/Purposes:
  • Protect individuals from unwarranted prosecution and bolster confidence in law. - Determine if a crime was committed and if the defendant is responsible.
• Preliminary Hearings:
  • The prosecutor lays out probable cause, with a chance for the defendant and attorney to present.
  • Defendants may waive the preliminary hearing. - Few cases are dismissed due to the judge's usual agreement on probable cause.

Grand Jury Hearings

• Required in 24 states for felonies; optional in 24; 2 states do not use them (PA and CT).
• Grand jurors hear the government's case, often numbering 6 to 23 members, possessing subpoena and investigative powers. - A true bill is issued when probable cause is found, leading to indictment.

Arraignment

• Conducted post-indictment, where a defendant enters a plea:
  • Guilty
  • Nolo contendere (no contest)
  • Not guilty
• Pretrial motions may occur (e.g., dismissals, competency issues, suppress evidence, changes in venue).

Pre-Trial Discovery

• Discovery process involves sharing documents and evidence by both prosecutor and defense. Prosecutors must disclose exculpatory evidence, with state variations in what is discoverable.

Diversion

• Halting or suspending criminal proceedings before conviction with conditions to fulfill obligations (e.g., treatment, community service).
• Goals:
  • Reduce crime, ease system overload, and alleviate stigma of involvement.

Plea Bargaining

• Informal negotiations where defendants might admit guilt for favorable case outcomes.
• Key Points:
  • Defendants do not possess a constitutional right to plea bargain.
  • Requires voluntary and intelligent admission; must be sanctioned by a judge.
  • Types include charge, count, and sentence bargains.

Advantages and Disadvantages of Plea Bargaining

• Advantages for the State:
  • Efficient resource usage and quicker resolution.
• For Victims:
  • Minimal testimony requirements ensure convictions.
• For Defense:
  • Potential for reduced charges, lesser sentences, and shorter legal processes is frequent.

Critiques of Plea Bargaining

• Concerns involve constitutional rights, proportionality of punishment, and pressures on the innocent to plead guilty.

Module 24: Trials

• Key Topics:
  • Bench Trials
  • Jury Selection
  • Opening Statements and Presentation of Evidence
  • Closing Arguments and Judge's Charge
  • Jury Deliberations and Verdict

Learning Objectives for Module 24

1. Discuss bench trial benefits and drawbacks.
2. Explain juror selection processes.
3. Differentiate evidence types presented in trials.
4. Describe purposes of closing arguments and judges’ charges.
5. Outline jury deliberation procedures and jury nullification issues.

Bench Trials

• Judges replace jurors in determining guilt, generally common for minor offenses.
• Benefits:
  • Faster process, focus on merits, less influence of external factors.
• Disadvantages:
  • Potential for hefty sentences and bias in legal reasoning.

Jury Selection

• Typical sizes vary, but 12 jurors are required for capital offenses, with disqualification options including ex-felons and non-citizens.

Jury Selection - Dismissals

• Grounds include misconduct, illness, biases, and failures to comply with court instructions.

Jury Selection Process

• Voir Dire: Attorneys question potential jurors about biases and opinions.
• Challenges:
  • Challenge to the array claims biases in the juror pool.
  • Challenges for cause are unlimited based on specific juror unsuitability.
  • Peremptory challenges have limited numbers but cannot be racially or gender-motivated.

Jury Composition and Management

• Batson challenge: Requires justification of peremptory challenges to avoid racial/gender discrimination. - Sequestering juries might occur to avoid outside influence.

Opening Statements and Presentation of Evidence

• Key attorney roles include presenting evidence and outlining what will be introduced.
• Types of Evidence:
  • Circumstantial Evidence: Indirect links, such as ownership of the murder weapon.
  • Direct Evidence: Links to crime occurrences, such as eyewitness testimony.
  • Testimonial Evidence: Offered by lay or expert witnesses.
  • Real Evidence: Physical items (e.g., DNA, fingerprints).

Presentation Dynamics in Trials

• Prosecution presents evidence first, followed by cross-examination.
• Defense presents counter-evidence, which may also be cross-examined.
• Objections are asserted for inadmissible evidence; judges sustain or overrule.

Closing Arguments and Judge's Instructions

• In concluding arguments, attorneys summarize their positions.
• Judges instruct juries regarding definitions, legal standards, and verdict implications.

Jury Deliberations and Verdicts

• Deliberation procedures require isolation, with a foreperson appointed to oversee discussions.
• Most jurisdictions require unanimous verdicts, with guidance issued by judges to facilitate agreement (Allen charge).
• Jury Nullification: Occurs when juries base decisions on non-factual factors, such as perceived fairness or justice.

Module 25: Sentencing and Appeals

• Key Topics:
  • Purposes of Sentencing
  • Approaches to Sentencing
  • The Sentencing Process
  • Capital Punishment
  • Disparities in Sentencing
  • Appeals and Postconviction Review

Learning Objectives for Module 25

1. Summarize primary purposes of criminal sanctions.
2. Describe various approaches to sentencing.
3. Detail how sentences are imposed.
4. Explain reasons for higher costs associated with capital punishment.
5. Discuss disparities in sentencing among different groups.
6. Identify potential outcomes in appellate court hearings.

Purposes of Sentencing

• Objectives:
  • Rehabilitation, incapacitation, retribution, deterrence (specific/general), and restoration.

Approaches to Sentencing

• Indeterminate Sentences: Minimum and maximum terms set, parole decisions made by boards.
• Determinate Sentences: Fixed terms where reductions can be earned through good behavior.
• Structured Sentences: Use of sentencing guidelines.
• Mandatory Sentences: Limitations on judicial discretion (e.g., habitual offender laws).

The Sentencing Process

• Sentences typically determined by judges, requiring pre-sentencing investigation reports detailing offenders' backgrounds.

Types of Sentences

• Capital punishment, incarceration, probation, home confinement, restitution, fines, and community service.

Capital Punishment

• Legal in 27 states primarily for murder cases with aggravating circumstances. - Cost factors associated with capital punishment, including jury qualification scrutiny.

Disparities in Sentencing

• Racial disparities in incarceration rates, particularly concerning Black and Latino populations, with evidence highlighting disproportionate rates.

Issues Contributing to Disparities

• Factors such as economic backgrounds, discrimination, and varying crime patterns contribute to sentencing differences.

Appeals and Postconviction Review

• Options include upholding, reversing, or remanding lower court decisions. - Common appeal issues include jury selection efficacy, ineffective counsel, and improper evidence admission.

Module 26: Juvenile Courts

• Key Topics:
  • History of Juvenile Courts
  • Juvenile Justice System Case Processing
  • Differences from Adult Criminal Justice
  • Future Directions of Juvenile Courts

Learning Objectives for Module 26

1. Trace juvenile court development.
2. Describe primary steps in juvenile justice case processing.
3. Distinguish differences from the criminal justice system.
4. Summarize arguments for and against the juvenile justice system.

History of Juvenile Courts

• The principle of parens patriae allows the state to act as guardian for children unable to care for themselves, established in 1839. - The first juvenile court was established in Illinois in 1899. - 1960s and 70s saw court structural changes; a tough-on-juvenile-offenders approach in the 1980s and 90s.

Case Processing in the Juvenile Justice System

• Police have broader discretion with juveniles. - Detention reviews by courts occur within specified timeframes. - Clear separation from adult prisoners. - Intake processes handled under juvenile probation agencies.
• Consent decrees and informal probation used to avoid formal proceedings where possible.

Differences Between Juvenile Justice and Criminal Justice Systems

• Structure varies, focusing on rehabilitation with social service involvement. - Supreme Court rules do not mandate jury trials; state rules can differ.
• Penalties usually conclude upon reaching adulthood (typically 21).
• Terminology differences are designed to avoid stigma.

Future of Juvenile Courts

• Abolitionists advocate for removing the juvenile court system, shifting cases to adult courts. Preservationists defend maintaining the juvenile justice system. - Juvenile Justice Reform Act of 2018 emphasizes federal commitments to juvenile justice enhancements, including funding for treatment programs and racial disparity data collection.

End of Module Content