Criminal Courts Flashcards
felonies
most serious offenses, those punishable with the strongest sanctions
misdemeanors
typically go to minor trial courts in the states, most are handled by magistrate judges rather than district judges
of all the people who take part in the work of criminal courts, who are the most important
judges, prosecutors, defense attorneys
typical major states of formal action in felony cases
- arrest and booking
- filing of a complaint
- initial appearance by the defendant in court
- preliminary hearing or examination
- grand jury indictment or filing of info by the prosecutor
- arraignment of the defendant
- procedures to prepare the case for trial: discovery, motions, conference
- trial
- verdict
- sentencing (if the defendant found guilty)
case processing
winnowing process - most cases drop out at some point between arrest and trial
frequent bypassing or abbreviation of the prescribed procedures
length of time between an arrest and final disposition of a case
criteria for charging decisions
likelihood of conviction - rests primarily on the quality of the prosecutor’s evidence
policy priorities - prosecutors make judgments about the kinds of cases they see as most important, reflected in decision whether to bring charges and what charges to bring
pragmatic - some pragmatic considerations relate to situations in individual cases or the needs of the prosecutors office
pleading nolo contendere
no contest - this plea, like a guilty plea, waives the right to trial, but does not constitute an admission of guilt
motivation for pleading guilty
- in misdemeanor cases, the likely penalty is sometimes so light that it make little sense to undergo the expense and trouble of going to trial
FOR FELONY cases, a more favorable sentence is expected when pleading guilty
implicit bargain
even if there is no explicit agreement, the defendant still may perceive that a guilty plea will produce a more advantageous sentence
Explicit plea bargains
charge bargain - the prosecutor reduces defendant’s potential sentence liability by reducing the package of charges (horizontal or vertical)
prosecutor’s sentence bargain - the prosecutor gives the defendant some assurance about the sentence that a judge will hand down - most often prosecutor agrees to recommend a particular sentence
judge’s sentence bargain - judge indicates the likely sentence that would follow a guilty plea
voir dire
either the lawyers or the judge questions prospective jurors about matters deemed relevant t the trial
problems in decision making for judges and juries
incomplete information - a widespread problem - might be valuable evidence that does not exist
evidence introduced in court is not necessarily accurate - especially clear for witnesses
handicapped by inadequate information - processing information to reach a verdict adds further difficulties
cross examination
a mechanism to expose false or misleading testimony, and it can serve well to clarify the facts of a case - lawyers aim to weaken the effect of damaging testimony no matter how accurate it is
sentencing can be used to serve any of several goals, including:
retribution - giving offenders their “just deserts”
general deference - discouraging other people from committing crimes
rehabilitation - changing the attitudes and capabilities of offenders so they will not commit more crimes
incapacitation - confining offenders so they cannot commit crimes outside of prison
inconsistencies arise in sentencing at three levels
patterns of sentencing may differ among courts
judges in the same court may adopt different sentencing practices
an individual judge may opperat with no firm standards, dispensing different sentences in similar cases
