Trial Process, Sentencing, and Appeals

Chapter 13 Steps in the Trial Process

• Opening Statements: Prosecution first, followed by the defense.

• Prosecutor's Case in Chief: Direct and cross-examination.

• Defense Case in Chief: Direct and cross-examination.

• Rebuttal: Followed by sub-rebuttal.

• Closing Arguments/Statements

• Jury Instructions

• Deliberations: Jury decides if the defendant is guilty or not guilty; may result in a hung jury.

• Jury Consultants: Hired by law firms to assist in jury selection.

• Presumption of Sanity: The defendant must be proven mentally competent/sane.

• Presumption of Innocence: The defendant is innocent until proven guilty by the prosecution.

Chapter 14 Retribution

• The idea that offenders deserve punishment.

• Relies on the principle of lex talionis (an eye for an eye, a tooth for a tooth).

• Revenge-based conceptualization of retributive punishment.

• Holds individuals responsible for their actions.

• Lex talionis: Proportionality, just desserts, and expiation.

Deterrence

• Prevention of future crimes.

• Hedonistic crimes

• General Deterrence

• Specific Deterrence

• Certainty, celerity of punishment.

• Prevention of future crimes.

• Utilitarianism: $Bentham$

• Rests on the assumption of rational behavior.

Rehabilitation

• Treat rather than punish.

• Probation pretrial diversion.

• Evidence-Based Corrections.

• Public Safety Realignment.

• Sentences should fit the offender and not offense.

Incapacitation

• The assumption is that crime can be prevented if a criminal is physically restrained.

• Future-oriented.

• Focus on personal characteristics of the offender.

• Limitations include no set time standards for the length of the sentence.

• Not focusing on rehabilitation is more likely to cause severe or worse criminal behavior upon release.

• Imprisonment is a temporary solution.

Restoration

• Seeks to replace retribution.

• Based on 3 elements ($Galaway$and $Hudson$, 1996).

  • Crime is primarily a conflict between individuals. Crime is only a secondary violation of government laws.

  • The aim of the criminal justice system should be to repair injuries (physical/psychological). Promoting peace and reconciling parties is more important than punishment.

  • The Criminal Justice system should facilitate the involvement of victims, offenders, and the community. Citizens should play more of a role in the criminal justice system rather than law enforcement.

Sentencing Responsibility

• Legislative Branch: Makes laws and attacks punishment.

• Judicial Branch: Decides what punishment a person will receive based on law.

• Executive Branch: Enforces laws: parole boards.

Legislative Sentencing Responsibilities

• Create sentencing options.

• Criminal acts.

• Indeterminate sentences.

• Determinate sentences.

Judicial Sentencing Responsibilities

• Sentencing options.

• Rehabilitative model.

  • Wide discretion.

• Due process model.

  • Discretion = .

• Crime control model.

  • Discretion = leniency.

Executive Sentencing

• Governors, parole boards, departments of corrections carry out sentencing.

  • Parole.

  • Good time.

  • Pardon.

Probation Officers and Sentencing Decisions

• Supervision.

• Presentence investigation (PSI).

• Recommendations.

• Sentence.

• Level of supervision.

• Conditions of supervision.

• Treatment plan.

• Community resources

Chapter 15 Nature of the Appellate Process

• $House$v. $Bell$

• Appellate courts created because “several heads are better than one” when examining legal questions.

The Purposes of Appeal

• Error Correction

• Policy formulation

Scope of Appellate Review

• The losing party has the right to one appeal.

• No longer considered innocent.

• No appeal for prosecutors in finding of not guilty - Double jeopardy.

• Discretionary except in death penalty cases.

• Interlocutory orders.

• Contemporaneous objection rule.

• The losing party may appeal only from a final judgment of the lower court.

• Appeals are restricted to questions of law.

• Confined to issues properly raised in court.

• Limited to findings of guilt.

Standard of Appellate Review in Criminal Cases (From Least to Most Deferential)

Questions of Law

• Standard of review: De novo (anew).

• Level of deference: None.

• Test: Plenary review of legal issue for a second time with no deference to prior decision.

• Examples: Whether a judge erred in interpreting a statute; whether hearsay evidence was properly admitted or excluded.

Mixed Questions of Law and Fact

• Standard of review: Mixture of de novo and clear error.

• Level of deference: Moderate.

• Test: Underlying factual findings are given substantial deference, but the legal consequences of those facts are reviewed de novo.

• Examples: Whether a suspect was subjected to custodial interrogation; whether a defendant knowingly, intelligently, and voluntarily waived a constitutional right.

Questions of Fact Decided by a Judge

• Standard or review: Clear error.

• Level of deference: High.

• Test: Trial courts factual findings are to be upheld unless they are so clearly erroneous that they have no support in the record.

• Examples: Whether a criminal defendant is competent to stand trial; whether a criminal defendant is guilty.

Questions of Fact Decided by Jury

• Standard or review: Reasonableness/substantial evidence.

• Level of deference: High.

• Test: Jury's decision is upheld if it is reasonable in light of the evidence in the record.

Discretionary Decision by a Judge

• Standard or review: Abuse of discretion.

• Level of deference: Very high.

• Test: The trial court's decision will be upheld unless arbitrary, capricious, or manifestly unfair in light of any reasonable justification under the circumstances.

• Examples: Whether a judge abused his/her discretion when denting a continuance, limiting the scope of cross-examination, or refusing to dismiss a juror for cause.

Appellate Court Procedures

• Notice of appeal: Usually filed in 10, 30, or 60 days.

  • Writ of certiorari.

  • Petitioner.

• Appellate court record: Materials that advance to the appellate court.

• Appellate briefs: Written argument (appellant/respondent).

• Oral argument: Face-to-face contact between judges and lawyers.

• Disposition:

  • Affirmed.

  • Modify.

  • Reversed.

  • Reversed and remanded.

  • Remanded.

  • Reversible vs. harmless error.

  • Plain - Reversible - Harmless.

• Rising caseloads and expedited appeals.

Post Conviction Review

• Collateral attacks.

• May be filed only by those in custody.

• May only raise constitutional defects.

• Broader than appeals.