Transcript No Slide Title

Court
Procedure
Dual
Court
System of the
United States
 United States
Supreme Court
 Circuit Courts
of Appeals
 District Courts
7-3:The Thirteen United States Circuits
State Court System
State Court System
Calif. Supreme Court
 District Courts of
Appeal
 County Superior
Court
United States Supreme
Court
The Court of
Last Resort
United States Supreme
Court
 Rule of Four
 Writ of
Certiorari
 Writ of
Habeas Corpus
7-4: Funneling Effect
Dual Court System of the United States
Federal Court System
U.S Supreme
Court
U.S. Courts of
Appeal
State Court System
State Supreme Court
District Courts of
Appeal
Superior Courts
U.S. District
Courts
Key Actors in the Court
Process
Defense
Attorney
Judge
Prosecutor
Powers of the Prosecutor
 Conduct
final
screening of case
 Decide if and
what to charge
person of crime
Powers of the Prosecutor
 Decide whether to
prosecute or not
 if decide to
prosecute, they
determine what the
charge will be
Powers of the Prosecutor
 No
prosecution
decision is nolle
prosequi, or
nol. pros.
Why Prosecutors don’t
Charge
Why Prosecutors don’t
Charge
Nolle Prosequi
 Offense did not cause
sufficient harm
 Statutory punishment for
a crime is too harsh
for a particular
offender
Nolle Prosequi
 Criminal charge made
for the wrong reasons
 Law is regularly
violated with
impunity
Nolle Prosequi
 Victim may refuse to
testify
 Humanitarian
considerations for
victim or offender
Nolle Prosequi
Accused person
cooperates in the
apprehension
and/or conviction
of other
criminals
Nolle Prosequi
Accused is wanted for
prosecution of a more
serious crime
in another
jurisdiction
Nolle Prosequi
May be more cost
effective to simply have
the parole revoked and
return
offender
to prison
Defense Attorneys
Accused has
the right to
“the assistance
of counsel for
his defense”
Defendant’s defense
options
 Privately retained counsel
 Court-appointed attorney
Defendant’s defense
options
 Public Defender
 Court Contract
lawyer (Alternate
Public Defender)
Three Types of
Defendant Pleas
 Guilty
 Not Guilty
 Nolo Contendere no contest
Responsibilities
of Judges
Responsibilities
Determining
Probable Cause
Sign Warrants
Responsibilities
 Informing
suspects of their
rights
Responsibilities
 Setting and
revoking bail
 Arraigning
defendants
Responsibilities
 Accepting
guilty pleas
 Managing
courtroom and staff
Responsibilities
 Ensuring a
jury has a chance to
reach a verdict on
evidence presented
Responsibilities
 Instructing
jury on the law
 Imposing
sentences
BOOKING
7-5: Typical Outcome of 100 Hypothetical Arrests Brought by the Police for Prosecution
Formal Charges
Formal Charges
Initial
Appearance in
Court
Preliminary
Hearing (felony)
Preliminary
Hearing (felony)
Preliminary
Hearing (felony)
Grand Jury
Indictment
Prosecutor’s
Information
Formal
Arraignment
Case #
98001
Plea Bargaining
Plea Bargaining
Trial
Trial
Trial
SENTENCING
SENTENCING
Possible Appeals
Punishment
Purposes of Initial
Visit in Court
Initial Visit
 Give formal notice
of charges to
defendant
 Be advised of
Constitutional rights
Initial Visit
 Hold a summary
hearing
 Hold hearing
Initial Visit
 Determine if there
is probable cause to
hold suspect
Pretrial Release Options
 Stationhouse
bail
 Surety bonds
Pretrial Release Options
 Full cash bonds
 Deposit
bonds
What is Bail?
Usually a
monetary
guarantee
deposited with
the court...
What is Bail?
to ensure that the
suspect(s) will
appear at a later
stage in the
criminal justice process
Judges
Bail Considerations
 Likelihood of defendant
appearing for court
 Seriousness
of the crime
Judges
Bail Considerations
 Current capacity of jail
 Defendant would be a
threat to the
community
Grand Jury
A group of 12-23
citizens who,
for a specified
period of
time….
Grand Jury
Meet in closed sessions to:
 Investigate
charges from
a preliminary
hearing
Grand Jury
Meet in closed sessions to:
 Investigate crime to
determine if
there is
sufficient
evidence
Grand Jury
Meet in closed sessions to:
 Protect citizens
from unfounded
charges
Grand Jury
Meet in closed sessions to:
 Consider
misconduct of
government
officials
Purposes of the
Arraignment
 Hear the formal
information or
indictment
 Allow defendant to
enter a plea
Purposes of the
Arraignment
Determine if defendant is
competent
to stand trial
Pleas Options Available
at Arraignment
 Guilty
 Not Guilty
Pleas Options Available
at Arraignment
 Nolo Contendre
(no contest)
 Not guilty
by reason of insanity
Three Types of
Bargains
Plea
 Plead guilty to a lesser
offense
 Plead guilty
to receive a
lighter sentence
Three Types of
Bargains
Plea
 Plead guilty to have
other charges
dropped
Whose interests are
served by plea
bargaining?
Plea-Bargaining?
 Prosecutors
 Judges
Plea-Bargaining?
 Defense
Attorneys
 Most criminal
defendants
Defendants not served
by plea-bargaining
 Innocent, indigent
defendants
 Habitual
offenders
Menu
Court Structure and Purpose
Court Actors
Pretrial Process
Trial Process
Simulations
Types of Trials
 Bench Trial
 Jury Trial
Jury Selection
 Venire
 Voir Dire
Source Lists Used in
States to
Obtain
Jurors
 Voter
registration
lists
 Licensed driver
lists
Utility
users lists
 Telephone
directories
Qualifications
of a Potential
Juror
Qualifications
United
States
Citizen
Qualifications
 Resident of the
locality
of the
trial
Qualifications
 Certain
minimum age
Qualifications
 Ability to
understand
English
Qualifications
 Be of good
character
and/or
well
informed
The Trial
Process
7-7: Stages in a Criminal Trial
Funneling Effect of CJ
System
1000 felonies committed
500 reported to police
100 arrested
50 convicted
30 incarcerated
Menu
Court Structure and Purpose
Court Actors
Pretrial Process
Trial Process
Simulations
Let’s Discuss
Let’s Make a Deal
FREE
FREE
FREE
Issue: Plea
Bargaining
After a two year
investigation,
1998
FBI agents
apprehended….
John (aka “The Bear”)
Berrenzelli
Berrenzelli was a
close friend of Larry
Lizardo,
also known in crime
circles as “The
Lizard”
Lizardo was wanted by
both the
FBI and Wanted
“The Lizard”
Interpol,
for international
arms smuggling
But despite their
friendship,
Berrenzelli
agreed to
testify about...
his dealings
with
Lizardo
In exchange for his
testimony, Berrenzelli
was granted...
...immunity
from
prosecution
Attorneys who agreed
to the plea bargain
argued that
Berenzelli’s
testimony was
critical
Without “The Bear’s”
statements,
Lizardo
would never
be indicted
But critics, including
the media,
objected to
turning
Berrenzelli
lose
No voter wants to see
a public enemy go
free,
they
said
What do you think?
 Does plea bargaining
serve the interests of a
career criminal?
 Why or
why not?
What do you think?
 Does plea bargaining
in a high profile case
encourage
criminal
behavior?
What do you think?
 Can you think of
cases which should
never be plea
bargained?
Bail Out
Issue:
Pretrial
Release
Gamblers at the Eagle
Mountain Casino...
have recently been
robbed after visiting the
reservation
Bail Out
Victims are
typically big
winners
who take
their payoffs in cash
The robbers
follow
the winners
home,
then rob them before
they can deposit their
cash
The
robberies
were
closely
followed
by the
media….
Follow-Me
Home
Robbers
Strike
Again
With the insinuation
that the Eagle Mountain
Casino
was an
unsafe
place
When the robbers
were apprehended,
casino officials urged
they be held
without
bail
The casino officials
argued that the followme-home robberies
were especially
serious,
because…
of their carefullyplanned nature
The public will not visit
the casino while robbers
are on the loose, they
said..
But defense
attorneys argued in
favor of bail
The robbers lived on the
reservation,
the attorneys
said
They had strong ties to
the community, and...
…are a
low risk
of flight
What Do You Think?
 Should the casino
operators’ concerns be
allowed to deny the
robbers bail?
What Do You Think?
 Do the robbers’ ties
to the tribe and the
community reduce their
risk of flight?
What Do You Think?
 Would the publicity of
the robberies change
the amount of bail a
judge orders?
Here’s
something to
consider
about a public
defender:
Defense to Go
 Works
irregular
hours
Defense to Go
 Often works more
than 50 hours
per week
Defense to Go
 Often works more
than 50 hours
per week
Defense to Go
 Is under heavy
stress when
a case is
being tried
Defense to Go
 Earns roughly
two-thirds the
salary of a
lawyer in
private practice
Defense to Go
 Is often
young and
inexperienced
Defense To Go
So, if public defenders
are:
 Overworked
 Underpaid
Defense To Go
What Do You Think?
 Can an attorney really
do an effective defense
when juggling a
number of
clients?
Defense To Go
What Do You Think?
 Is a public defender’s
emphasis on efficiency
due to a lack of
concern for the
client?
Defense To Go
What Do You Think?
Should young
inexperienced
lawyers be
allowed to be
public defenders?