Ch 9- Courts and Pretrial Process
Ch 9- Courts and Pretrial Process Criminal Justice 101
Popular in Introduction to American Criminal Justice System
Criminal Justice 101
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This 3 page Class Notes was uploaded by Savannah Tipton on Friday October 30, 2015. The Class Notes belongs to Criminal Justice 101 at Ball State University taught by Jennifer Christman in Summer 2015. Since its upload, it has received 55 views. For similar materials see Introduction to American Criminal Justice System in Criminal Justice at Ball State University.
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Date Created: 10/30/15
Chapter 9 courts and pretrial process The structure of American courts 0 Dual court system 0 Separate state and federal Federal courts hear national violations 0 Native American tribal courts constitute a 3rd in several states Cases crossing state lines go to federal court Ineffective management of the state courts recently why Huge caseloads Inadequate resources Local political interests often prevent reform Diminishing budgets o Furloughs 0 Reduced number of court sessions Proposed solutions of ineffectiveness Eliminate overlapping and con icting jurisdictions Create hierarchical and centralized court structure Courts funded by state government Creating separate civil service personnel system run by a state court administrator To be a judge Most produce honest careful and consistent decisions Most important in criminal justice system 0 Power to change the law and set precedents Who becomes a judge in the United States 0 Attorney seeking prestige and power 0 Women and minorities unwelcomed prior to 19605 0 Women and minorities still under represented today At state level judges can be appointed selected or elected 0 Over half states elect o Partisancoordinated with a given political party or nonpartisan elections Indiana has partisan elections 0 Merit selection combines appointment and election 0 Learn role quoton the jobquot Court of appeals and Indiana Supreme Court are appointed for 2 years on merit selection Functions of the judge Adjudicator o Discretion neutrality appear unbiased Negotiator o In chambers plea arrangements 0 Administrator 0 Manage the court budget schedule building alternative courts From arrest to trial to plea Stages meant to move defendant through or lter himher out 0 5th and 14th amendments due process for all accused Bookings and initial appearance establish probable cause with arrest or warrant Arraignment evaluate indictment grand jury or information prosecutor Trial 0 Small percentage of cases actually go to trial Sentencing phase Bail pretrial release 0 What is bail 0 Secure pretrial releaseoffered in hope defendant will return o If not money is forti ed Eighth amendment 0 Bail shall not be excessive or used as punishment Bail set by judge o Bail is based on seriousness of crime and past criminal record 0 Recommendation of prosecutor Bail bondsmen Business of loaning money 0 510 commission of deposit placed in effect 0 They make sure defendant appears 0 Role of quotbounty huntersquot Should people be able to pro t from the criminal acts of others Bail system favor the wealthy Release on recognizance ROR Promise to return no payment rendered Judge considers ties to the community 0 Job 0 Family 0 Prior record 0 Associates 0 Only 15 fail to appear 10 cash bail Alternative program to ROR 0 Five states offer 10 bail in cash through their courts 0 Defendant receives 90 of money back upon appearance in court Increased reliance on citations Usually reliance on citations Usually for traf c violations Inform defendant of required court appearance time Relieves of cer from formally booking defendant Citations are beginning to be used for more serious offenses Preventative detention Preventative detention ensure individual will be there safely is maintained Bail reform concerned with public safety and stopping crime 0 Research 21 of felony defendants rearrested for another crime 0 Impact of Bail Reform Act of 1984 0 Hearing to determine risks and assess violence of alleged crime 0 Resulted from United States v Salerno and Cafero Pretrial detention If bail cannot be met or ifjudge denies bail Can be traumatic experience 0 Drug addicts mentally ill etc 0 Cell mates potentially dangerous 0 Easily fall into depression 0 Can last a signi cant time 0 Usually within 6 months 0 12 more than a year
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