Module 7 - Chapter 7 Lecture Notes PDF

Preview

Summary

Download Module 7 - Chapter 7 Lecture Notes PDF

Description

CHAPTER 7 COURTS AND ADJUDICATION The Functions and Structure of the American Courts: The United States has a dual court system. Review pages 239-242 for this section. An adversarial process is used by both state and federal courts while an inquisitorial process is used in most other countries. Know the differences. Jurisdiction is another key term in the Criminal Justice field and relates to the range of a court’s authority. The different ways courts serve the public can be divided into three categories: Norm Enforcement, Dispute Processing and Policy Making. It is important to know the difference and understand that jurisdiction plays a role in each determining which level of court, the case or situation will be heard. Review pages 237-238. Structure of the courts: Both federal and state court systems have trial and appellate courts. • Trial courts of limited jurisdiction • Trial courts of general jurisdiction • Appellate courts • Problem-solving courts Each state has a supreme court that is the final court for cases involving state law. • U.S. Supreme Court is the highest court in the land and rules on matters involving the U.S. Constitution. Here’s a thought…. What if you could remake the American criminal justice system into a non-adversarial process? What would you have to do and how would this change the roles of those currently involved in criminal justice? Would it ultimately be an improvement? To Be A Judge In this section, it is important to understand and be able to describe the process by which American judges are selected. Review pages 243-249. A judgeship position brings high status and researched suggests that many seats are filled by mostly white men with strong political connections. • 7 percent of state trial judges are African American. • 4 percent are Hispanic • 25 percent are women Judges have many functions in the court room besides finding guilt and awarding sentences to criminals. • Adjudicator o Must assume a neutral stance in overseeing the contest between prosecution and defense o Have considerable discretion for each case before them

• •

Negotiator o Oversee negotiations of plea bargains, sentencing, and bail conditions Administrator o Manage staff and complex schedules

To become a judge, states and jurisdictions use one of five methods for selecting judges: 1. Gubernatorial Appointment 2. Legislative Selection 3. Merit Selection 4. Nonpartisan Election 5. Partisan Election There is a nice chart in your text on page 247 (Table 7.1) that illustrates the methods above used by states to select judges. I would encourage you to review this chart, and become familiar with the way a judge is selected in the state you reside.

“Roberts' Switch on Health Care Signals a Leaky Supreme Court” http://abcnews.go.com/Politics/OTUS/chief-justice-john-robertss-switch-obamacare-healthcare/story?id=16698557&page=2 (Report from ABC News) Something to think about here…Should the US Supreme Court have a united front? When a justice goes against the grain so to speak, should it cause a national debate? Do we really want a court so focused on politics that it forgets to see the law in the mix? Should we always know how a justice is going to rule based upon his party affiliation? Does a justice need to step back and keep tunnel vision only on the issues at hand?

The Prosecutorial System: Can you identify some of the roles of the prosecuting attorney? How about describe the role that the prosecutor’s discretion plays in the process for filing criminal charges? Or identify those with whom the prosecutor interacts in decision making? To gain clarity to these questions, I’d like for you to review pages 249-260. Prosecuting attorneys are the legal representative for the state. They have the sole responsibility for bringing criminal charges and may also be referred to as District Attorney, State’s Attorney, or County Attorney. United States Attorneys are the prosecutors for federal cases. They prosecute cases in each of the ninety-four United States District Courts. The person appointed by the president to these positions are responsible for the prosecution of crimes that violate the laws of the United States. State Attorney General’s are the Chief legal officer of a state and are normally an elected position. This position has power to bring prosecutions in certain cases, such as; both civil and criminal matters. As with any high official position in the Criminal Justice field, there is a great deal of politics involved in the prosecutor position. Prosecutors are elected in forty-six of the fifty states and the position is often used as a springboard for higher office. Prosecutors may choose certain cases for prosecution in order to gain favor of the voters. Therefore, discretion in decision-making creates the risk for discrimination.

The Prosecutor’s Influence: Prosecutors are involved throughout most of the process when a person enters the courtroom. This position is also linked to other actors in criminal justice system. Such as, Defense Attorneys, Judges, even clerical staff. Also, at times Probation and Parole Officers when supervised offenders are back in the courtroom for new charges. Prosecutor’s have a difficult role and are faced with making tough or lenient recommendations based on the case and circumstances. The Prosecutor’s Roles: Review page 253. The Prosecutor has four distinct roles/functions they are often linked to in the criminal justice process. It is important to understand the variation of this position. 1. 2. 3. 4.

Trial counsel for the police House counsel for the police Representative of the court Elected official

Discretion of the Prosecutor: Prosecutors have much discretion in the court process. They decide which cases to move forward to prosecute, they can negotiate plea bargains as well as determine number of counts with which to charge. Procedures and Activities of the Prosecutor: Review page 255. Understand three areas of procedures important to a Prosecuting Attorney. • Discovery: pretrial disclosure of evidence to be used at trial • Counts: separate offenses • nolle prosequi: effective dismissal of charges Key Relationships of the Prosecutor: This position is one of balance among community relationships. As there is no pleasing everyone, the Prosecutor must remain unbiased and work through the facts of each case to offer the best solution for those he/she serves in this position. Key relationships are with: • Police • Victims and witnesses • Judges and courts • Community Decision-Making Policies: Review pages 258-260. • Accusatory process • Some prosecutors’ offices make extensive use of screening • How best to use limited resources to the best of their ability for each case

The Defense Attorney: Image and Reality Can you describe the day-to-day reality of criminal defense work in the United States? Can you list the methods for providing counsel for defendants who cannot afford a private attorney? Could you do the job of a lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice? There is no question the role of the defense attorney is equally as difficult as the Prosecuting Attorney having a different perspective, wanting a different outcome on the same case.

The Role of a Defense Attorney: Defense Attorneys have several functions to their job and manly with the person accused of the crime. They advise the defendant and protect his/her constitutional rights at each stage of the criminal justice process along with advising the defendant during questioning by the police. A person holding this position also represents the defendant at their arraignment and hearing and serves as an advocate for them during the appeal process. Public defenders handle cases for defendants who are too poor to hire their own attorneys. Realities of the Defense Attorney’s Job: The reality of this position is sometimes harsh. Some are inexperienced, many are overburdened leading to at times being uncaring and ineffective. Review page 262 and understand the three groups of specialists: o Nationally known who charge high fees o Lawyers of choice for defendants who can afford to pay high fees o Courthouse regulars who accept many cases for small fees The environmental reality of criminal practice for the Defense Attorney often carries an emotional side as they deal with persons of poverty, wherein clients are problematic and depressed. Many Defense Attorneys work long hours receiving poor monetary pay and poor outcomes in the courtroom. Despite the realities, they must continue to focus on the reason they do the job they do, playing a key role in protecting people’s constitutional rights as they go through the criminal process. Counsel for Indigents: Indigent Defendants = people who are too poor to afford their own legal counsel • Sixth Amendment to the Constitution guarantees right to counsel. • There are three main ways of providing counsel to indigent defendants: 1. Assigned counsel 2. Contract counsel 3. Public defender “National Association of Criminal Defense Lawyers” http://www.nacdl.org/ (Website from National Association of Criminal Defense Lawyers) If you have time, I encourage you to explore the website that is given paying attention to the section titled criminal defense issues. Look at four of the hot topics listed. Do you feel that this website would be advantageous for defense attorneys to explore and become a member of? Would this be a good networking site for attorneys?

The Courtroom: How it Functions Review page 268 – 270. Under this section, it is important that you can describe who is considered the courtroom work group and explain how these positions function. Such as; a workgroup is a collection of individuals who interact in the workplace on a continuing basis. These positions, as mentioned in this chapter include; the Judge, Prosecutor, Defense Attorney as well as any support staff. The local legal culture refers to any values and norms shared by members of a court community and often dictates how cases should be handled and court officials should behave. Review the terms; going rate and continuance.

“The Players in the Courtroom” judiciallearningcenter.org/the-players-in-the-courtroom (Judicial Learning Center overview) Look at this video explaining the various roles of each courtroom player if you have time. Which player do you believe is the most important? Can you explain what is meant by the adversarial system? After watching the video, did you feel there was a fair explanation of what is means having a prosecutor and defense attorney pitted against one another? How significant is the jury in the courtroom? Can a jury truly be unbiased?

Key Terms accusatory process - The series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information) with the court. (p. 259) adversarial process - Court process, employed in the United States and other former British colonies, in which lawyers for each side represent their clients’ best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants. (p. 239) appellate courts - Courts that do not try criminal cases but hear appeals of decisions of lower courts. (p. 240) assigned counsel - An attorney in private practice assigned by a court to represent an indigent. The attorney’s fee is paid by the government with jurisdiction over the case. (p. 265) continuance - An adjournment of a scheduled case until a later date. (p. 269) contract counsel - An attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount. (p. 265) count - Each separate offense of which a person is accused in an indictment or an information. (p. 255) defense attorney - The lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice. (p. 260) discovery - A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial. (p. 255) going rate - Local court officials’ shared view of the appropriate sentence for the offense, the defendant’s prior record, and other case characteristics. (p. 269) inquisitorial process - Court process, employed in most countries of the world, in which the judge takes an active role in investigating the case and examining evidence by, for example, questioning witnesses. (p. 239) jurisdiction - The geographic territory or legal boundaries within which control may be exercised; the range of a court’s authority. (p. 239)

local legal culture - Norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process. (p. 268) merit selection - A reform plan by which judges are nominated by a commission and appointed by the governor for a given period. When the term expires, the voters approve or disapprove the judge for a succeeding term. If the judge is disapproved, the committee nominates a successor for the governor’s appointment. (p. 249) nolle prosequi - An entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed. (p. 255) nonpartisan election - An election in which candidates’ party affiliations are not listed on the ballot. (p. 247) partisan election - An election in which candidates openly endorsed by political parties are presented to voters for selection. (p. 247) problem-solving courts - Lower-level local courts dedicated to addressing particular social problems or troubled populations. Examples of such courts include drug courts, domestic violence courts, and mental health courts. (p. 241) prosecuting attorney - A legal representative of the state with sole responsibility for bringing criminal charges. In some states, this person is referred to as the district attorney, state’s attorney, commonwealth attorney, or county attorney. (p. 249) public defender - An attorney employed on a full-time, salaried basis by a public or private nonprofit organization to represent indigents. (p. 265) state attorney general - Chief legal officer of a state, responsible for both civil and criminal matters. (p. 250) trial courts of general jurisdiction - Criminal courts with jurisdiction over all offenses, including felonies. In some states, these courts also hear appeals. (p. 240) trial courts of limited jurisdiction - Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes these courts hold felony trials that may result in penalties below a specific limit. (p. 240) United States attorneys - Officials responsible for the prosecution of crimes that violate the laws of the United States. Appointed by the president and assigned to a U.S. district court jurisdiction. (p. 250) work group - A collection of individuals who interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles, all of which differentiate the group from others and facilitate cooperation. (p. 269)...