Module 3 Flashcards
The Criminal Court Process
-Arrest and Booking
-Initial Appearance (Extremely important)
~Bail
~Pretrial Release/ Detention
-Prelim Hrg/ Grand Jury
~DA Charge
-Arraignment
~The Plea
-Pretrial Motions
-Trial
~Public Speedy
~Jury Process
-Post-Trial
Initial Appearance (First appearance in a court)
-Most people should not plea guilty or not guilty
Initial Appearance
-Notice of rights/ charges
-Appointment of Counsel
-Bail Decision
Boulder Shooter Initial Appearance
-
Pretrial
-Detain or Release?
~Detain (No Bail)
~Release (Bail)
-What competing interests?
~Innocent until proven guilty v. Public Safety
-Bail
~Money or property to guarantee the defendant will appear in court
Constitutional right to bail/ release?
**8th Amendment
**No constitutional rights for excessive bail
**Not a right to bail
Judge Considers
-Bail
-Safety threat or flight risk
-Seriousness of the crime
-Prior criminal record
-Weight of evidence and probability of conviction
-Seriousness of sentence
-Character, reputation, mental condition
-Family/ community ties
Bail
-Bail = $50,000
-Bondsman charges = 10% ($5,000)
~ Non-refundable
-Bondsman buys a bond = $2,500
-Bondsman keeps the remaining $2,500
-Defendant fails to show = insurance co. pays on the bond
~Bondsman = bad rating with insurers
~Judge issues a bench warrant for the arrest
*Bail jumping is a separate criminal offense
-Almost the same considerations that a judge uses plus
~Community ties
~Property/assets
Pretrial Detention
-Arguments against
~Coercive
~Abuse by judges to punish defendants before trial
~Deprives defendant opportunities to work on his case
~Disrupts work and family life
-Arguments for
~Allows police/ DA access to offenders
~Community Safety
~Tough on-crime policies
-Release “decriminalized” certain offenses
75% of jail populations are pretrial detainees
74% are African-Americans
Annual cost: $13B
The System
-US
~Adversarial System of Justice
-Prosecutor v. Defense
-State v. Individual
The Number
-$150 B annually on CRJ System
-50% to police and prosecutors
-2-3% to public defenses/indigent defense
~Texas and Georgia worse states in the disparity
The Adversarial System of Justice Prosecution
-Prosecutor is the most powerful in the Justice system for these reasons
-Politics and Discretion
~Decision to charge/prosecute/ dismiss
~Decision to refuse plea deals
~Death penalty cases
-Power
~Decision to charge
~Type of charge(s)
~Bail
*Major role (prefer to keep people in jail)
~Plea agreements
~Sentencing recommendations
~Controls evidence
*Most of the evidence since they work with the police
-Immunity
~Connick v. Thompson (2011)
The Defense
-The Sixth Amendment
The Right to Counsel
-Gideno v. Wainwright (1963)
~Right to counsel for all indigent defendants charged with a felony
*Birth of the public defender
Defense Lawyer Role
-Defending the Guilty
~Protect the defendant against the government
-Defending the Innocent
~Requires an actual defense
*Investigation, evidence, experts, strategies - money
The Courts
-“Dual System”
~State and Federal Courts
-Jurisdiction?
~Geography
~Subject Matter (law)
~Hierarchy
State Courts
-Appellate Courts (Appeals)
~Courts of Last Resort
*State Supreme Courts
~Intermediate Appellate Courts
-Trial Courts
~Major Trial Courts
*District Court
*Superior Court
Federal Courts
-Appellate Court (Appeals)
~US Supreme Court
~US Circuit Courts of Appeal
-US District Courts
Trial Courts
-Civil
-Criminal
-Family
-Probate
~Where cases begin/originate
Trial Courts
-Adjudication
-Processing Cases to Final Resolution
~Civil
*Money Judgements/Fine
~Criminal
*Conviction/Acquittal
~Family
*Divorce/Custody Orders
~Probate
*Distribution of Estates
Appellate Courts
-Appeal
~Asking a higher court to review a lower court decision
-Appellate Jurisdiction
~Appeals only
*Majority of appeals are CIVIL, not criminal
The Criminal Court Process
-Preliminary Hearing
~Information
-Grand Jury
~Indictment
~Both are trying to see if there’s a Probable Cause
Plea Bargaining
-Guilty Plea = Waiver
~Giving up the 6th Amendment right of trial
*Right to appeal (no constitutional)
-Goals
~Reduce the seriousness of the charge
*“Charge Bargaining”
~Reduce the number of charges or counts
*“Count Bargaining”
~Reduce the sentence
~Avoid costs and risks of trial
~Quicker resolution for victims
-Issues
~Soft on crime/ not justice
~No appeal
~Coercion (police/DA)
~Mental health/ drug court issues
Arraignment
-Defendant enters a plea
~Guilty = conviction
~Not Guilty = trial
Trial
-The Exceptional Case
Pretrial Motions
-Motion for Suppression
~Using the exclusionary rule
-Motion for Discovery
~We think the other side has something we need
-Motion for Change of venue
~Changing the location (typically in a criminal matter)
-Motion for Dismissal
~You didn’t meet the Burden of Proof
-Motion
~Request for a court order
Trial
-6th Amendment
~Guarantees a speedy and public trial by an impartial jury
*“Justice delayed is justice denied.”
Trial by Jury
-Defendant’s Right to Jury or to Waive
~”Bench Trial”
*Trial by judge
Jury Selection
-Voir Dire (Speak the truth)
-They want the jurors to speak the truth
~Dased on psychology techniques to choose the juror
-Challenge for Cause
~Conflix of interest
~Legal/bias reason
~Judge decides
~Unlimited number of people
-Peremptory Challenge
~No reason required
~Limited number of these, roughly six times per side
*Both sides talk to the juror
*But prosecutors cannot challenge based solely on race or gender
Opening Statements
-First: State/Prosecution
-Second: Defense
~Does not have to
Presenting Evidence (Putting on the case)
-The State/ Prosecution’s Case-In-Chief
~State/Prosecution “Rest”
-The Defense Case
~Defense “Rest”
*Does not have to do anything
-State/Prosecution Rebuttal
~If the defense goes then they go again
*State Rests
Closing Arguments
-State/Prosecution
-Defense
-State/Prosecution Rebuttal
Charing the Jury
-Jury Deliberation Room
~Guilty
*Conviction
~Not Guilty
*Acquittal
~Hung Jury (non-unanimous)
*Dould Jeperdy does not apply to hung Jury
Dual Court System
-The state and federal court systems of the United States
State Court System
-Civil or criminal courts in which cases are decided through an adversarial process; typically including a court of last resort, an appellate court, trial court, and lower courts
Federal Court system
-The four-tiered system that includes the Supreme Court, circuit courts of appeal, district court, and magistrate court
Adversarial System
-A legal system wherein there is a contest between two opposing sides, with a judge (and possibly jury) sitting as an impartial arbiter, seeking truth
Police Making
-The act of creating laws or setting standards to govern the activities of government; the US Supreme Court, for example, has exchanged in policy making in several areas, such as affirmative action, voting, and freedom of communication and expression
Eighth Amendment
-In the Bill of Rights, it contains the protection against excessive bail and fines, as well as cruel and unusual punishment
Jurisdiction, Court
-The authority of a court to hear a particular type of case based on geography (city, state, or federal) and subject matter (criminal, civil, probate)
General Jurisdiction
-That these counties have the legal authority to decide all matters not specifically delegated by state law to the laser courts of limited jurisdiction
Intermediate Court of Appeals (IPA)
-A state court that stands between a trail court and a court of last resort; it typically has appellate jurisdiction only
Court of Last Resort
-The last court that may hear a case at the state or federal level
Causation
-A link between one’s act and the injurious act of crime, such as one tossing a match in a forest and igniting a deadly fire
District Courts
-Trial courts at the county, state, or federal level with general and original jursdiction
Circuit Courts
-Originally courts wherein judges traveled a circuit to hear appeals, not courts with several counties or districts in their jurisdiction; the federal court system contains 11 circuit courts of appeals (plus the District of Columbia and territories), which hear appeals from district courts
En Banc
-Type of “bench hearing”
-A majority vote, all judges in the circuit may sit together to decide a case or reconsider a panel’s decision
US Supreme Court
-The court of last resort in the United States, also the highest appellate court; it consists of nine justices who are appointed for life