Transcript Document
Chapter 16
The Judicatory Process
Court Structure
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State Courts
Most states employ a multitiered court structure
Lower courts try misdemeanors
Superior courts try felony cases
Appellate courts review procedures of trial courts
Figure 16.1 Structure of a State Judicial System
Court Structure
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Federal Courts
Three tiers: district courts, courts of appeal, and U.S. Supreme
Court
Supreme Court comprised of nine members, who grant certiorari
to review cases
Supreme Court cases can become precedent cases
Court Case Flow
Nearly 100 million new cases are brought each year
Court cases are up even though crime rates are down
Figure 16.2 The Federal Judicial System
Figure 16.3 Tracing a Case to the U.S. Supreme Court
Actors In The Judicatory Process
Adversary system
The objective is to seek the truth and keep the process fair
Actors In The Judicatory Process
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Prosecutors
Prosecutor is a public official who represents the government in
trials and grand juries
Types of prosecutors:
• U.S. Attorney General
• District Attorney
• County Attorney
• Commonwealth Attorney
• State’s Attorney
Commonly elected positions
Actors In The Judicatory Process
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Prosecutorial Discretion
Prosecutors maintain a great deal of discretion
Nolle Prosequi (dismissing a case)
Factors influencing discretion include:
• Attitude of the victim
• Cost of the prosecution
• Undue harm to the suspect
• Availability of alternative procedures
• Availability of civil sanctions
• Willingness of suspect to cooperate
Political issues affect “convictability” (chances for a conviction)
Actors In The Judicatory Process
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Defense Attorney
Responsible for providing legal representation of the defendant
• Protecting the constitutional rights of the accused
• Presenting the best possible legal defense
Indigent defendants have the right to counsel (public defenders)
Some defense lawyers work pro bono (volunteer their services)
Defense attorneys can refuse to represent a client who is
suspected would commit perjury (Nix v. Whiteside)
Actors In The Judicatory Process
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Judge
Senior officer in the court
Rules on the appropriateness of conduct, settles questions of
evidence and procedure, and guides the questioning of witnesses
Maintains control over other service agencies of the court
Actors In The Judicatory Process
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Judicial Selection
Appointed by governors or special committees, or election
Missouri Plan is used in more than 30 states:
• Nomination of candidate
• Appointment by a commission
• Noncompetitive elections for retention
Judicial Overload
Number of civil and criminal filings has increased dramatically
since 1985
Average cases per judge: 1500 civil and criminal cases per year
Pretrial Procedures
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Bail
Money or some security provided to the court to ensure the
appearance of the defendant at trial
Originated from English common law
Eighth Amendment right
Nearly two-thirds of defendants are released by the court prior to
appearance
Making Bail
Drug and public order offenders are most likely to be bailed
Defendants with active criminal justice status are more likely to be
detained (54 percent)
Pretrial Procedures
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The Problems of Bail
The bail system is costly since the state must pay housing costs
Most significant problems with bail include:
• Increases punishment risk (more likely to be convicted)
• Bonding and recovery agents (sometimes unscrupulous)
Skip tracers or bounty hunters may be used to track
down fugitives
Bail Reform
Encouraged the use of pretrial release
Most defendants return for trial
Pretrial Procedures
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Weblink
www.bounty-hunter.net
Pretrial Procedures
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Preventive Detention
The Bail Reform Act of 1984 allows federal offenders if the safety
of another person or community is at risk
U.S. v. Salerno upheld that preventive detention is permissible for
public safety
Schall v. Martin pertained to the holding of juvenile offenders
Pretrial Procedures
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Plea Bargaining
One of the most common practices (90 percent of felonies plead
guilty and 98 percent of misdemeanors)
Motivations for pleading guilty include: strong cases, minimizing
sentences, and protection of accomplices.
Plea bargains can benefit prosecutors in case that would have
otherwise been dismissed due to weak evidence
Plea Bargaining Issues:
Costs of prosecution are reduced
Efficiency of the courts are improved
Prosecution can devote more time to serious cases
Defendant avoids extended detention waiting for trial
Pretrial Procedures
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Control of Plea Bargaining
Reforms have been made which include: uniform plea practices,
presence of counsel during negotiations, and establishment of
time limits
Alaska eliminated the process in 1975
Iowa, Arizona, Delaware, and the District of Columbia have
sought to limit plea bargains
The Criminal Trial
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Jury Selection
Selected randomly (commonly through voter registration)
Process of voir dire (questioning)
Challenges for cause (bias)
Peremptory challenges (no particular reason)
Batson v. Kentucky ruled peremptory challenges due to race
violated equal protection of the law
Impartial Juries
Sixth Amendment safeguards against jury bias
CNN Clip - Hospital Patient Deaths
The Criminal Trial
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The Trial Process
• The basic steps of the criminal trial:
• Opening statements
• The prosecutions case
• Cross-examination
• The defense’s case
• Rebuttal
• Closing arguments
• Instructions to the jury
• Verdict
• Sentencing
• Appeal
Figure 16.4 The Steps of a Jury Trial
The Criminal Trial
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Trials and Rule of Law
• Right to a Speedy Trial (within a reasonable period)
Federal Speed Trial Act 1974 (100 days rule)
• Right to a Jury Trial
• Right to be Free From Double Jeopardy (Fifth Amendment)
• Right to Legal Counsel ( Sixth Amendment)
• The Right of be Competent at Trial (including forced
medication)
• Right to Confront Witnesses
Sentencing
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Purposes of Sentencing
Deterrence, Incapacitation, Rehabilitation, and Retribution
Sentencing Dispositions
Generally five types
• Fines
• Probation
• Alternative or Intermediate Sanctions
• Incarceration
• Capital Punishment
Sentencing
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Imposing the Sentence
May be by jury, judge, or administrative body
Concurrent sentence means both sentences are served together
Consecutive sentence means upon completion of one sentence
the other sentence begins
Sentencing
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Sentencing Structures
Indeterminate Sentences: length of sentence varies
Determinate Sentences: fixed period of time
Structured Sentences: use of guidelines to make sentencing
more rational
Mandatory Sentences: use of minimum sentences
Truth in Sentencing: serving substantial portion of prison
sentences (1984)
Table16.1 Sentencing Guidelines Grid
Sentencing
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Three Strikes Laws
Provides lengthy terms for persons convicted of the third felony
Some judges defy the provisions as being unduly harsh
Critics charge: 1) three-time losers are on the verge of aging-out
of crime, 2) overburdens the prison system, and 3) police may be
more at risk
Sentencing
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How People Are Sentenced
Nearly two-thirds of all felons are confined
Average sentence for felons is 4 _ years (serving 2 _)
39 percent of felons are ordered to pay fines, restitution, or
comply with some other additional penalty
Most serious crimes are most likely to receive prison
Table 16.2 Lengths of Felony Sentences Imposed by
State Courts, 2000
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How People Are Sentenced
Nearly two-thirds of all felons are confined
Average sentence for felons is 4 _ years (serving 2 _)
39 percent of felons are ordered to pay fines, restitution, or
comply with some other additional penalty
Most serious crimes are most likely to receive prison
Sentencing
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Sentencing Disparity
Sentencing variations are affected by:
• The offender’s prior criminal record
• Whether the offender used violence
• Whether the offender used weapons
• Whether the crime was committed for money
Extralegal factors such as age, race, gender, and economic
status affect sentencing outcomes
Figure 16.5 Type of Sentence Received for a Felony Conviction by
Prior Conviction Record, 2000
The Death Penalty
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The Death Penalty Debate
Arguments for:
It is fair to punish the wicked
Biblical implications
Retribution
Deterrence for life sentences
Ultimate incapacitation
Racial disparity seems to be fading
The Death Penalty
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Arguments Against the Death Penalty
Little deterrent effect
Executions may increase crime (brutalization effect)
Gender, racial and ethnic biases
Causes more crime (police at risk)
Brutal and demeaning
Support is not widely approved by the public
Precludes any rehabilitation
The death penalty is capricious
Not proven to be a deterrent
Costs could be greater than life sentences due to legal appeals
The Death Penalty
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Legality of the Death Penalty
Furman v. Georgia (1972) placed a moratorium on death
sentences as cruel and unusual punishment
Gregg v. Georgia (1976) reinstatement based on aggravating
factors
Wilkins v. Missouri and Stanford v. Kentucky limited the earliest
age of execution as 16 years.
Atkins v. Virginia prohibited the execution of mentally retarded
criminals
Figure 16.6 Executions 1930-2003