Intro Criminal Justice Ch.9 Book Notes
Intro Criminal Justice Ch.9 Book Notes 11979
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This 8 page Class Notes was uploaded by Alexis Tate on Friday October 7, 2016. The Class Notes belongs to 11979 at Appalachian State University taught by William Post in Fall 2016. Since its upload, it has received 2 views. For similar materials see Intro Criminal Justice in Criminal Justice at Appalachian State University.
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Date Created: 10/07/16
Ch. 9 Book Notes Friday, October 7, 2016 History and StructureofCourts Two types of Courts: o State Court System –a statejudicial structure. Most states have atleast3 court levels:trial courts, appellatecourts, and a statesupreme court o Federal Court System –the three tiered structure offederal courts, comprising U.S. DistrictCourts, U.S. Courts of Appeal, and the U.S. Supreme Court Jurisdiction –theterritory,subject matter,or peopleoverwhich acourt or other justiceagency may exercise lawfulauthority,asdetermined bystatuteor constitution Duality Court system o State courts decide on issues dealing withstatelaws unless itconflicts with other local statutes or federal statutes o Federal courts decideon cases dealing withfederal issues Development ofStateCourts 1692 American colonies had their own civil andcriminal courts there was no distinction between original jurisdiction and appellatejurisdiction o OriginalJurisdiction –thelawfulauthority ofacourtto hear or act onacase fromitsbeginning and to passjudgement on thelawand thefacts. The authority may beover aspecific geographicareaor over particular typesof cases o AppellateJurisdiction –thelawfulauthority ofacourtto reviewadecision madeby a lower court By late19 century courts expanded Judiciary Act of 1789 and Reorganization Act of 1801 created three tier structure for statecourts: o Trial courts of limited jurisdiction o Trial courts of general jurisdiction o Appellate courts StateTrialCourts Where criminal cases begin o Conducts arraignments, setbails,takepleas,and conduct trials o If found guiltyimposes a sentence Trial courts of limited or special jurisdictionare alsocalledlower courts o Courtsoflimited Jurisdiction –courtsoflawthat havejurisdictionon a restricted rangeofcases,primarily lesser criminaland civilmatters.They can also handlethepreliminary stagesoffelony casesin somestates o Trialdenovo –literally,“newtrial”.Thetermisapplied to casesthat are retried on appeal,asopposed to thosethat aresimply reviewed on therecord Havean adversarial process: prosecutor v.defendant StateAppellateCourts Intermediate appellatecourt (court of appeals)and high level court (State Supreme Court) o Court ofLast Resort – thecourt authorized by lawto hear thefinalappear on a matter (usually high-levelappellate) o Appeal–request that acourt with appellatejurisdictionreviewthejudgment, decision,or order ofalower court and set it aside(reverseit)or modify it If appellatecourt finds misconduct in a trial court then sentence canbe reversed, and a new trial is conducted (remanded) Keeney v. Tamayo –Reyes (1992) –respondent is entitled to a federal evidentiary hearing only ifhe can show causefor his failure to develop the facts inthe statecourt proceedings and actual prejudice resulting from that failure Herrera v. Collins (1993)-new evidence of innocence is no reason for a federal court to order a new state trial ifconstitutional grounds arelacking StateCourt Administration StateCourt Administrator –acoordinator who assistswith case–lowmanagement, operating fundsbudgeting,and court docketadministration Dispute–Resolution Centersand Specialized Courts DisputeResolution Center –an informalhearing placedesignedto mediate interpersonaldisputeswithout restoringto themoreformalarrangementsofa criminalcourt Mediation Centers areoften closelyintegrated with the formal criminal justiceprocess o Substantially reduce the caseloadof lower level courts o May be dependent on courts for endorsement for their decisions o Thosewho appear before this may be later charged with a crime Community Courts–alowlevelcourt that focuseson quality-of-lifecrimesthat erode a neighborhood’smorale;emphasizeproblemand solving and build on restorative principles o Official component to court system,can hand down sentences (jail time, fines) Specialized Courts–alowlevel court that focuseson relatively minoroffensesand handlesspecialpopulationsor addressesspecialissues such as reentry.Often aform ofcommunity courts o Two goals: Casemanagement, reduce caseloads Therapeutic jurisprudence – addresses addictionand underlying issues with therapeutic methods o Relyon problem solving TheFederalCourt System Three levels o U.S. district courts o U.S. court ofappeals o U.S. Supreme Court U.S. District Courts Trial courts of federal court system (94 total) Hear both civil and criminal matters Haveoriginal jurisdiction over all cases involving alleged violations offederal statutes Judiciary Act of 1789 gaveone federal court to eachstate Districtcourt judges serve for life o Appointed by president and confirmed by senate o Magistrates assistthefederal judges U.S. Court ofAppeals 94 district courts are divided into 13 regional circuits (circuit courts) hears appeals from federal district courts and other federal agencies Has nationwide jurisdiction 6 or more judges depending on caseload Judge who served on the court longestand is under 65 is chiefjudge o Serves as chiefjudge for 7 years at max Operate under the Federal Rules of Appellate –each circuit court creates its own Local Rules meaning some will depend heavily on oral arguments whileother require written summary depositions Appeal Categories: o Frivolous appeals –littlesubstance,court disposes ofquickly o Ritualistic appeals –brought to becauseof demands of litigants but chances of reversal arenegligible o Non-consensual appeals –considerable professional disagreement; chances of reversal arehighest U.S. SupremeCourt Consistof 9justices –8 associatejudges and1chief Serve for life o Appointed by president and confirmed by senate JudicialReview –thepower ofacourt to reviewactionsand decisionsmadeby other agenciesofgovernment o Marbury v. Madison (1803) – establishedjudicial review Today: o Has limited original jurisdiction o Accepts cases from U.S. court of appeals and statesupreme court o For caseto be heard 4 justices must vote to hear it If infavor, issuea writ of certiorari to obtain records of a casefroma lower court o Out of 5000 requests only 200 are heard annually o Rarelyunanimous decisions Concurring Opinions – agreewith majority whether it be for samereason or different reason Dissenting Opinions –disagreewith majority ProfessionalCourtroomParticipants Two categories o Professional:official courtroom actors, judges,prosecuting attorneys, defense attorneys, public defenders, and other who earn a living serving the courtroom CourtroomWork Group–theprofessionalcourtroomactors o Outsiders:non-judicial personnel; jurors, witnesses,defendants, and victims TheJudge Judge–an elected or appointed publicofficialwho presidesover acourt lawand who is authorized to hear and sometimesto decidecasesand to conduct trials o Holds ultimate authority, ruling on matters of law,weighing objections from both sides,deciding on the admissibilityofevidence and disciplineanyone who challenges thecourt order o Canalsosentence offenders and determine guiltor innocence for defendants who waive a jury trial A chiefjudge manages a court room and system through administrative duties and acts as a trial judge Judicial Selection o State judgeships are won through popular election or by political appointment o This process is setby law o Missouri Plan– combines popular election method with political appointment to ensure nonpartisanship Judicial Qualifications o Hold law degree, be a licensedattorney, and be a member of the statebar association o Must alsoattend statesponsored training Judicial Misconduct o Judges are not above the law o Canbe impeached –force removal from office o Most states have their own commission of judicial misconduct TheProsecuting Attorney Prosecutor –an attorneywhoseofficialdutyisto conduct criminalproceedingson behalfofthestateor peopleagainst thoseaccused ofhaving committedacriminal offense o Usuallyworks with a staff o Federal prosecutors are calledU.S. district attorneys Prosecutors are generallyelected and serve 4year terms with continuation of reelection Canwork with police as long as they work in good faith Must prove innocent is guiltybeyond a reasonabledoubt Prosecutorial Discretion o ProsecutorialDiscretion–decision –making power based on widerangeof choicesavailableto themin handlingcriminaldefendants,accepting negotiated pleasand so on.Most important formliesin thepower to charge, or not chargeaperson with an offense Dismisses a thirdto a halfof all cases beforetrial or plea bargain is made o Brady v. Maryland (1963) –prosecution is required to discloseto the defense evidence that directly relates to either claims ofguiltor innocence o U.S. v. Bagley(1985) – prosecution must discloseanyevidence the defense requests o Exculpatory Evidence –any evidencehavingatendencyto clear aperson of guilt or blame Abuse of Discretion o May abuse power to pleasepolitical ambitions, friends, or ego o Professional Misconduct Unit – guidelineto deter misconduct Duty o Ensure procedural fairness not only to clientbut to defendant as well while successfullyconvincing jury of guilt TheDefense Council Defense Council –alicensed triallawyer hired or appointedto conductthelegal defenseof aperson accused ofacrimeand to represent himor her beforeacourt of law o alsoteststrength of the prosecutor’s evidence, negotiate, speakwith defendant, and counsel familyof defendant cannot reveal information that the defendant tells them have the ability to seekan appeal,or argue a sentence down Three types: o Private attorneys (retained counsel) o Court appointed council o Public defenders Private Attorneys Havetheir own legal practices Few specializeincriminal defensebecauseof difficulty to collect fees Court Appointed Council 6 amendment guarantees criminal defense o Gideon v. Wainwright (1963) o In re Gault – juveniles have right to criminal defense 3 ways for court to provide attorney o 1. Assignedcouncil attorneys chosen from a roster setmonetary rate for attornesy (10 -20times less than private rate) may feel less commitment to client o 2. Public Defenders Public Defender –an attorney employed by a government agencyor by aprivateorganization under acontract to agovernmentbodyfor the purposeofproviding defenseservicesto indigents;somevolunteer Tend to useplea bargain due to highcaseloads o 3. Contractual Arrangements useprograms from local attorney firms alsouseplea bargain to move cases along defendant has right to waivecouncil from a lawyer Defendant canalsorequest a new lawyer States may alsohaveto provide a lawyer for appeal cases Ethics of Defense o Must maintain professionalismand take inboth sides ofthe argument o May become emotionally engaged o Cannot present falseevidenceor misrepresent evidence Other Court Workers The Bailiff o Bailiff– thecourt officer whosedutiesareto keep order in thecourtroomand to maintain physicalcustody ofthejury Trial Court Administrators o In charge of smooth functioning of courts in a judicial districtor area o Help judgewith record keeping, and jury selection The Court Reporter o In charge of creating a record of all that occurs during a trial Clerk of Court o Maintains all records of criminal cases,including all pleas andmotions both before and after trial o Prepares jury pool, issues jurysummonses, and subpoenas witnesses Expert Witnesses o Expert Witnesses– person who hasspecialknowledgeand skillsrecognized by thecourt asrelevant to thedeterminationofguilt or innocence Allowed to express opinions and draw conclusions o Daubert Standard–atest ofscientific acceptability applicableto thegathering ofevidencein criminalcases Outsiders LayWitnesses o Lay Witnesses– an eyewitness, character witness,or other person called to testify and who isnot considered an expert.Must testify factsonly o Subpoena –written orderissued by ajudicialofficer or grand jury requesting an individualto appear in court andto give testimony or to bring materialto be used as evidence o Witnesses musttake an oath and aresubject to cross –examination o Paid a very low income o Victims AssistancePrograms–an organized programthat offersservicesto victimsofcrimein theareas ofcrisisintervention and follow –up counseling and that helpsvictimssecuretheir rightsunder thelaw Jurors o Juror –a member ofatrialor grand jury who hasbeen selected for jury duty and is required to serveasan arbiter ofthefactsin acourt oflaw o States havejuries composed of 12 jurors o Federal Court can have fewer than 6 o Qualifications Must be an adult Speak English Haveordinary intelligence o Peer jury is one made up of jurors that come from the same community where crime was committed o Normal juries must contain diverse background representing all aspects of America’s values The Victim o Court procedure can be traumatizing for victim Uncertain inrole General lackof knowledge of CJSystem Delays intrial causing missedwork and travelling Fear of the defendant or associates ofthedefendant Trauma oftestifying and being cross examined The Defendant o Most assumeguilty until proven innocent o Defendants can Select and retain a council Plan a defensestrategy with council Decidewhat information to provide Decidewhat plea to enter Decidewhether to testify personally Determine whether to filean appeal ifconvicted Spectators and the Press o Allowed to view trials o Cameras can bring negativeimpact on trial o Cameras are not allowed infederal courts o ChangeofVenue– themovement ofatrialor lawsuit fromonejurisdiction to another or fromonelocationto another within thesamejurisdiction.Helps ensuredefendant receivesafair trial
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