Chapter 7 ppt
description
Transcript of Chapter 7 ppt
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Chapter 7:Courts and Adjudication
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Agenda• Exam results & review• Strategies for moving forward• Chapter 7 lecture and activities
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Learning Objectives• Structure of the court system
• Qualities desired in judges
• Judge selection
• Roles of prosecuting attorneys
• Criminal charge filing process & prosecutor discretion and decision-making
• Criminal defense work & cost
• The courtroom workgroup
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The Functions & Structure of Courts
• U.S. = dual court system
•federal
•state
• Other countries - single national court system
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• Adversary Process -
•In the United States, both state and federal courts use the adversary process
• vs. • Inquisitorial Process -
•Other countries5
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Jurisdiction:• The geographic territory or legal boundaries within
which control may be exercised; the range of a court’s authority.
•Example: Native Americans have tribal courts,
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Functions of Courts
• Enforcing the norms of society
• Processing disputes within society
• Making policy
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Appellate court of last resort:
state supreme court
Intermediate Court of Appeals
Trial Courts of General Jurisdiction: district, superior or circuit courts
Trial Courts of Limited Jurisdiction: circuit, municipal, justice, district or magistrate courts
Federal CourtSystem
State CourtSystem
Supreme Court of the
United States
Circuit Court of Appeals
District Courts
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Federal Courts
• The federal system has no trial courts of limited jurisdiction
• U.S. district courts = federal trial courts of general jurisdiction
• U.S. circuit courts of appeals = intermediate appellate courts
• U.S. Supreme Court is the court of last resort
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• Decentralized
• Local political influences & community values affect the courts
• Very few small states have a statewide court system
• Most criminal courts operate under state penal code but staffed, managed, & $$ by county or city governments
Criminal Courts
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CHeck!Take out a sheet of paper:
In your own words:
What are the major differences between federal and state courts?
What is the muddiest point for you so far?
hang on to your sheet of paper!
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Functions of the Judge• Defendants see a judge whenever decisions about
their future are being made:
• when bail is set,
• pretrial motions are made,
• guilty pleas are accepted,
• a trial is conducted,
• a sentence is pronounced,
• and appeals are filed
• Judges also perform administrative tasks outside of the courtroom
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Judges have three major roles:
• Adjudicator• Negotiator• Administrator
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Adjudicator• Judges must:
•assume a neutral stance,
•apply the law to uphold rights of the accused,
•use a certain amount of discretion—only according to the law,
•avoid any conduct that could appear biased
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Negotiator• Many decisions take place in the judge’s
private chambers
• Decisions = negotiations between prosecutors & defense attorneys
• The judge may act as a referee = keep both sides on track with the law
• Judge may take a more active part in the negotiations
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Administrator• Managing the courthouse
• In rural areas: judges’ may do more management
• Deal with political actors
• Chief judges may also use administrative powers gain other judge’s cooperation
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Six methods are used to select state trial court judges:
• Gubernatorial appointment
• Legislative selection
• Merit selection
• Nonpartisan election
• Partisan election
• A mixture of methods
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CHeck!Take out a sheet of paper:
In your own words:
Describe the three roles of adjudicator, negotiator, and administrator for judges.
What is the muddiest point for you so far?
hang on to your sheet of paper!
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The Prosecutorial System• Prosecuting attorneys: A legal representative of the state
with sole responsibility for bringing criminal charges.
• make discretionary decisions about whether to pursue criminal charges
•which charges to make, and
• what sentence to recommend
• Government representatives
• Federal cases are prosecuted by United States attorneys
• Each state has an elected state attorney general, who usually has the power to bring prosecutions in certain cases
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The Prosecutor’s Roles
• Trial counsel for the police
• House counsel for the police
• Representative of the court
• Elected official
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Discretion of the Prosecutor
• Broad discretion prosecutors shaping ➔their decisions to fit different interests
• By filing as many charges as possible, the prosecutor strengthens his or her position in plea negotiations
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• Count - Each separate offense of which a person is accused in an indictment or an information
• Discovery - A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial
• nolle prosequi - An entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed.
Discretion of the Prosecutor
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Key Relationships of the Prosecutor• Police
• Victims and witnesses
• Judges and courts
• The community
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Accusatory Process
• The series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information) with the court
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CHeck!Take out a sheet of paper:
In your own words:
Explain the role of the prosecutor and how discretion is used.
What is the muddiest point for you so far?
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Defense Attorney• Represents accused & convicted offenders
• Advises defendant & protects their constitutional rights
•Advises defendant during questioning by the police
•Represents them at each arraignment & hearing,
•Serves as advocate during the appeal process
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Counsel for Indigents• Indigent defendants = too poor to afford their
own lawyers
• The Supreme Court interpreted ➜ “right to counsel” in the 6th Amendment as requiring government provide attorneys for indigent defendants
• ⬆ indigent defendants in the past 3 decades
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Ways of Providing Indigents with Counsel
• Assigned counsel = private practice attorney assigned to represent an indigent. Fee paid by jurisdiction of the case
• Contract counsel private practice attorney who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount.
• Public defender An attorney employed on a full-time, salaried basis by a public or private non-profit organization to represent indigents.
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Public Defenders• Government-salaried attorneys who handle
criminal cases indigent defendants
• Focus exclusively on criminal cases
• ⬆ caseloads = less time/case
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Workgroup• A collection of individuals who interact in the
workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles that differentiates the group from others and that facilitates cooperation.
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