Theme 3- Courts and Adjudication

Courts and Adjudication

Key Reading

Cole, J.G., Smith, C.E. & Dejong, C. (2016). Criminal Justice in America.Focus on Chapter 7.

Legal Systems

Adversarial System

• Each side represents its client's best interests in a conflict-based approach.

• The prosecution (government) seeks to prove guilt, while the defense (defendant) aims to challenge the charges.

• Both parties present evidence to persuade the judge or jury of their position.

• Judges act as neutral referees, ensuring fair play and adherence to legal procedures without imposing their own will.

Inquisitorial System

• Judges play a more active role in the legal proceedings, leading investigations and actively questioning witnesses to gather facts and evidence.

• The focus shifts towards establishing the truth rather than merely advocating for opposing sides.

Functions of Courts

• Norm Enforcement: Courts uphold societal norms, expectations, and standards by addressing violations through legal sanctions.

• Dispute Processing: Courts intervene in unresolved disputes through civil and criminal proceedings, providing a mechanism for justice and resolution.

• Policy Making: Judges have the authority to interpret laws that define individual rights, affecting broader social policies in their rulings.

Structure of Courts

Trial Courts

• General Jurisdiction: Handle all types of offenses, including serious felonies and civil cases.

• Limited Jurisdiction: Focus on less serious offenses, such as misdemeanors, and handle preliminary proceedings in felony cases.

Appellate Courts

• Review decisions from trial courts, specifically examining alleged legal errors and ensuring correct legal standards were applied.

• Typically do not conduct trials but assess the record of what occurred in lower courts.

Court of Last Resort

• Also known as the state supreme court, it has the final say on legal interpretations and decisions, with no further appeals available.

Functions of Judges

• Adjudicator: Judges must maintain neutrality, making rulings based on the law and evidence presented, free from personal bias or influence.

• Negotiator: Facilitate discussions between parties, especially in plea bargains and sentencing, aiming for fair agreements while respecting legal constraints.

• Administrator: Oversee court operations, ensuring efficient management of cases and judicial resources, including scheduling and staffing.

The Prosecutorial System

Role of the Prosecuting Attorney

• Represents the state during criminal proceedings and is solely responsible for filing and pursuing criminal charges.

• Exercises discretion regarding charges and sentences and plays a crucial role in shaping the justice process.

Influences of the Prosecutor

• Prosecutors influence all stages of the legal process, coordinating with police, defense attorneys, and judges.

• They have a duty to seek justice while recognizing spending limits and potential biases that may affect decision-making.

Discretion of the Prosecutor

• Prosecutorial decisions can be influenced by personal beliefs, political pressures, and the context of local judicial environments.

• They often must balance the pressures of justice with the need to dismiss weak cases to focus resources efficiently.

Key Relationships of the Prosecutor

• With Police: Prosecutors depend on law enforcement for evidence collection and witness testimony.

• With Victims and Witnesses: Their cooperation is vital for successful prosecutions; reluctance from key witnesses can hinder cases.

• With Judges and Courts: Historical relationships can impact how cases are received and adjudicated in court.

Prosecutor’s Decision-Making Policies

• Develop tailored policies on case handling, which can dictate prioritization and strategies for dealing with various types of cases.

• May decide to drop cases due to insufficient evidence, prioritizing stronger, more viable cases.

Actions of Prosecutor

• Engages in the complete spectrum of criminal justice processes, including investigation, arrest, trial proceedings, and sentencing.

Role of the Defense Attorney

• Represents individuals accused of crimes, ensuring their right to a fair trial is upheld in accordance with constitutional provisions.

• Key functions include advising clients on legal options and protecting their rights during the criminal justice process.

Reality of Defense Attorney's Job

• Defense attorneys can experience varied working conditions, from the pressures faced by public defenders with heavy caseloads to the more stable environments of private practice.

• Public misunderstandings can lead to misperceptions about their duties and ethical responsibilities.

Providing Counsel for Indigents

• Assigned Counsel: Private lawyers appointed by the court to represent those who cannot afford legal representation.

• Contract System: A system where attorneys contract with the government to provide legal services to indigent defendants.

• Public Defenders: Full-time attorneys dedicated to representing indigently accused individuals, facing unique obstacles in resource allocation and caseload management.