ch 7 pdf
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This 4 page Class Notes was uploaded by grace.mackoul on Wednesday February 11, 2015. The Class Notes belongs to SOC 1003 at George Washington University taught by Prof. Schwartz in Fall. Since its upload, it has received 73 views.
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Date Created: 02/11/15
Ch7 Courts Prosecution and the Defense Criminal Courts state courts each state has own system original jurisdiction authority to hear case from beginning pass judgement on law and facts Appellate jurisdiction authority to review lower courts decisions Lower Trial Courts where case begins workhorses enter pleasset bail conduct trial for minor cases rarely jury trialsno transcripts Higher Trial Courts serious felonies adversarial process in theory state prosecutor vs defendant someone takes dictation and transcript Court of Appeals 39 states only existing trial review transcripts from trial courts State Supreme Courts all 50 states usually last stop can only appeal to fed courts if claim violation of defendants constitutional rights Federal Courts US District Courts lowest level 94 of them trial courts of federal law original jurisdiction Judge positions 677 spots appointed by president confirmed by senate serve for life unless impeached Us Court of Appeals circuit courts review District cases judges appointed same as District C 167 positions US Supreme Courts process appeals evaluated by clerks most cases brought to court by requesting a writ of certiorari 4 of 9 judges must vote to hear case review legal briefs may affirm or reverse decision of lower decision is precedent Cases Brought to Supreme Court under 1 of cases that get writ of certiorari go to SC Judicial Review SC s greatest power not in constitution established by Marbury and Madison 1803 Marbury sues president bc he wouldn39t appoint him declared law unconstitutional for 1st time The Judge ensure justice rules on matters of law admissibility of evidence cant physically force evidence determines guitls in Bench Trial no jury in cases where decisions relies on legal code set punishment Judicial Selection State level many systems 39 states have popular elections others appointed by governor or legislature 10 states have versions of this special commission recommends names governor chooses one name that person sworn in as judge next election judge runs unopposed if they lose starts over good bc not a complete idiot bad bc nominees are usually representative of elites Whats better vote to electcitizens help choose hard to keep them informed doesn39t reach all people judges shouldn39t be purchased by political actions communities MIDDLE GROUND recuse self if you are being unfairly helped cant make everyone happy Brent Benjamin w Virginia coal comp gave him millions he was elected The Prosecutor solicitor DA county attorney states attorney prosecuting attorney Federal Level appointed US attorney State level elect Responsibilities present evidence to grand jury trial decide what charges to fill discretion lots of power Nolle Prosequi dismiss case 50 of time Legal Grounds for Discretion amount of evidence believe defendant guilty what charge best fits case Prosecutorial Discretion extralegalresource issues influencing prosecutorial discretion offenders race gender class ethnicity cost of prosecution availability of rehab alternatives fear of losing case Prosecutor Charging Decision factors nature of offense defendants prior rec and age attitude of victim pub opinion Competence of Defense Attorney STRICKLAND VS WASHINGTON 1984 would reasonable person find counsel inadequate possible reasons refuse to meet client fail to cross examine bad advice fail to investigate case not pay attention Right to Counsel entitled to counsel at any time you could lose your liberty lndigent poor Offenders less than 80 of felonies are officially indigent states definitions vary Court Assigned Counsel most common few criminal lawyers volunteer Public Defender overworked Contact attorney How to lndict Grand Jury controlled by persecutor dont necessarily need to reveal all evidence closed and secret deliberations alternative information Plea Bargaining most common resolution advantages to PROSECUTOR guaranteed conviction lower cost don39t need proof less time needed prosecutors stats of winning go up advantages to DEFENSE ATTORNEY clients get less punishment fees not billable hours more money Charge Bargaining of charges reduce to a few and reduce level sentence bargaining lighter sentence implicit plea bargaining thrown at mercy of court save each others time opposition encourages defendants to waive rights to fair trial innocent pleading guilty plead bc they would get worse sentence otherwise Direct Vs Collateral Appeal direct uses transcript to show errors collateral some other issue Habeus Corpus constitutional violation
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