1. Grand Juries
1.1. come into place when police or government officials are in propriety
1.2. allow prosecutors to present evidence without having to implement charges themselves
1.2.1. tries to protects relationship between police and prosecutor
2. Prosecution
2.1. Prosecutors
2.1.1. types
2.1.1.1. local prosecuting attorneys
2.1.1.1.1. courts of either limited or general jurisdiction
2.1.1.1.2. the people you would see if you were to go to felony court in your jurisdiction
2.1.1.2. US attorneys
2.1.1.2.1. trying cases of federal question in original jurisdiction courts at the federal level
2.1.1.3. State attorney general
2.1.1.3.1. takes on cases that have state issues
2.1.2. roles
2.1.2.1. trial counsel for police
2.1.2.1.1. assists the police in understanding how they need to go about their process to make it easier for the prosecuting attorney to successfully prosecute
2.1.2.2. house counsel for police
2.1.2.2.1. assist police in answering questions or concerns of legal nature
2.1.2.3. representative of the court
2.1.2.3.1. government representative housed within the court
2.1.2.4. elected official
2.1.2.4.1. is the prosecutor able to execute their job in the best way possible if they have to worry about their reputation in the community?
2.1.3. key relationships
2.1.3.1. Police
2.1.3.2. victims
2.1.3.3. judges and courts
2.1.3.4. community
2.1.3.5. defense attorneys
2.1.3.5.1. have a good relationship and normally will know how each other will react to certain cases
2.1.4. areas where prosecutor performs
2.1.4.1. investigation and arrest
2.1.4.1.1. what charges should be filed; should they be charged?
2.1.4.2. initial appearance
2.1.4.2.1. seek high bail, inform court and accused of charges
2.1.4.3. preliminary hearing
2.1.4.3.1. discuss case with defense
2.1.4.4. arraignment
2.1.4.4.1. present charges against accused through indictment or information
2.1.4.4.2. acknowledge defendant's plea
2.1.4.5. pretrial
2.1.4.5.1. prepare case for trial
2.1.4.6. trial
2.1.4.6.1. respond in court to defendant's charge or guilty plea
2.1.4.7. sentencing
2.1.4.7.1. recommend and justify sentence
2.1.4.8. appeal
2.1.4.8.1. prepare argument to counter appeal filed by defense
2.1.5. use of discretion
2.1.5.1. plea
2.1.5.1.1. what type of plea will the court accept?
2.1.5.1.2. large amount of discretion in court
2.1.5.2. shape decisions to fit different interests
2.1.5.2.1. judge
2.1.5.3. whether to file charges, multiple charges, one charge, etc.
2.1.5.3.1. count
2.1.5.4. nolle prosequi
2.1.5.4.1. an entry made by a prosecutor that indicates that the charges specified will not be prosecutors and in effect they are dismissed
2.2. discovery
2.2.1. both defense and prosecution are required to share information
3. Defense
3.1. Two options
3.1.1. hire private attorney
3.1.2. indigent defense
3.1.2.1. if you cannot afford a lawyer
3.1.2.2. types
3.1.2.2.1. contract
3.1.2.2.2. public defender
3.1.2.2.3. assigned
3.2. Right to counsel (6th Amendment)
3.2.1. Gideon v. Wainwright
3.2.1.1. established that if we are charged with a felony and cannot afford our own lawyer one will be provided
3.2.2. Miranda v. Arizona
3.2.3. Ross v. Moffitt
3.2.3.1. if you wish to appeal your case, it is not necessary for the court to provide you with an attorney
3.3. roles
3.3.1. police station
3.3.1.1. provide advise to defendant during interrogation
3.3.1.2. may not be introduced to defendant at this time, however
3.3.2. initial appearance
3.3.2.1. appear with accused before judge
3.3.2.2. seek pretrial release
3.3.3. preliminary hearing
3.3.3.1. challenge prosecutor's stand that probable cause exists
3.3.4. arraignment
3.3.4.1. learn charges listed
3.3.4.2. advise client how to plea
3.3.5. pretrial
3.3.5.1. continue plea negotiations
3.3.5.2. file pretrial motions
3.3.5.2.1. an application to a court requesting that an order be issued to bring about a specific action
3.3.5.3. challenge evidence
3.3.6. trial
3.3.6.1. change plea from not guilty to guilty or assume adversarial stance
3.3.7. sentencing
3.3.7.1. prepare client for expected outcome
3.3.8. appeal
3.3.8.1. develop appropriate basis for appeal
4. Trial
4.1. bench trial
4.1.1. judge acts as a fact finder and determines guilt
4.1.2. may be preferred if the case is emotionally difficult
4.1.3. can be used as a mechanism of defense
4.2. jury
4.2.1. process
4.2.1.1. jury selection
4.2.1.1.1. pool of individuals
4.2.1.2. opening statement
4.2.1.3. presentation of evidence
4.2.1.4. rebuttal
4.2.1.5. closing arguments
4.2.1.6. instructions given to jury
4.2.1.7. deliberation
4.2.1.8. decision
5. Appeal
5.1. based on claim of error in procedure, NOT question of fact
5.2. states decide majority
5.3. few results are acquittal
5.4. habeus corpus
5.4.1. claim of constitutional rights violation
5.4.2. idea of unlawful detainment
5.4.3. not represented by lawyer
6. The goals of punishment
6.1. Retribution
6.1.1. punishment inflicted on a person who has harmed others and so deserves to be penalized
6.2. Deterrence
6.2.1. punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses
6.2.2. specific deterrence
6.2.2.1. punishment inflicted on criminals to discourage them from committing future crimes
6.2.3. assumes that people will think before they act
6.3. incapacitation
6.3.1. depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison
6.3.2. severity of sentence depends on nature of crime
6.3.2.1. focuses on characteristics of offenders rather than the aspects of their offenses
6.3.3. selective incapacitation
6.3.3.1. making the best use of expensive and limited prison space by targeting for incarceration to those whose incapacitation will do the most to reduce crime in society
6.4. Rehabilitation
6.4.1. the goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy
6.5. Restorative Justice
6.5.1. punishment designed to repair the damage done to a victim and community by an offender's criminal act
7. Forms of the criminal sanction
7.1. Sentencing
7.1.1. Process
7.1.1.1. penal code established by legislature
7.1.1.2. judges have limited jurisdiction dependent on code, crime, and charge
7.1.1.3. presentence report
7.1.1.3.1. created by probation officer
7.1.1.3.2. summary of case
7.1.1.3.3. sentence reccommendation
7.1.1.3.4. aggravators
7.1.1.3.5. mennigators
7.1.2. types
7.1.2.1. indeterminate
7.1.2.1.1. create a minimum and maximum of years to serve
7.1.2.2. determinate
7.1.2.2.1. specific period of time
7.1.2.2.2. good time/credit time
7.1.2.2.3. release is mandatory
7.1.3. Misdemeanor courts
7.1.3.1. Assembly-line justice
7.1.3.1.1. hear about 90 percent of criminal cases
7.1.3.1.2. may receive little or no punishment
7.1.4. Felony courts
7.1.4.1. courts of general jurisdiction
7.1.4.2. sentencing decisions shaped by the relationships, negotiations, and agreements among prosecutor, defense attorney, and judge
7.1.5. sentencing guidelines
7.1.5.1. a mechanism to indicate judges the expected sanction for certain offenses in order to reduce disparities in sentencing
7.2. Intermediate Sanction
7.2.1. a variety of punishments that are more restrictive than traditional probation but less severe and costly than incarceration
7.2.1.1. fines
7.2.1.2. home confinement
7.2.1.3. intensive probation supervision
7.2.1.4. boot camp
7.2.1.5. community service
7.3. Probation
7.3.1. a sentence that the offender is allowed to serve under supervision in the community
7.3.2. shock probation
7.3.2.1. a sentence which the offender is released after a short incarceration and resentenced to probation
7.4. Death
7.4.1. US continues to use death penalty
7.4.2. suspended use for a time, but declared it did not constitute cruel and unusual punishment
7.4.3. Death penalty and the Constitution
7.4.3.1. Furman v Georgia
7.4.3.1.1. the death penalty, as it was administered, was cruel and unusual punishment
7.4.3.2. Gregg v. Georgia
7.4.3.2.1. death penalty laws are constitutional if they require the judge and jury to consider certain migitating and aggravating circumstances in deciding which convicted murderers should be sentenced to death. Proceedings must also be divided into a trial phase and a punishment phase, and there must be opportunities for appeal
7.4.3.3. McCleskey v. Kemp
7.4.3.3.1. US Supreme Court failed accept that racial discrimination exists in administering the death penalty
7.4.4. Issues
7.4.4.1. is it ethical?
7.4.4.2. execution of the mentally ill
7.4.4.2.1. many people will mental illnesses do not meet the criteria for an insanity defense and therefore are eligible for the death penalty
7.4.4.3. effective counsel
7.4.4.3.1. attorney's competency
7.4.4.4. death-qualified juries
7.4.4.4.1. should people who are opposed to the death penalty be excluded from juries in capital cases?
8. Module 2 map
9. Function and structure
9.1. federal
9.1.1. District courts
9.1.2. Circuit courts of appeals
9.1.3. Supreme Court of the United States
9.1.3.1. 9 justices
9.1.3.1.1. Ruth Bader Ginsburg
9.1.3.1.2. Stephen Breyer
9.1.3.1.3. Samuel Alito
9.1.3.1.4. Sonia Sotomayer
9.1.3.1.5. Elena Kagan
9.1.3.1.6. Neil Gorsuch
9.1.3.1.7. Brett Kavanaugh
9.1.3.1.8. Chief Justice John Roberts
9.1.3.1.9. Clarence Thomas
9.1.4. types of cases
9.1.4.1. violations of federal law at the original jurisdiction
9.1.4.2. issues of state law that have federal questions
9.2. state
9.2.1. Trial courts of limited jurisdiction
9.2.1.1. handle only misdemeanors, lawsuits for small amounts of money, and other specific kinds of cases
9.2.1.1.1. problem solving courts
9.2.1.2. jurisdiction
9.2.1.2.1. the geographic territory or legal boundaries within which control may be exercised; the range of a courts authority
9.2.2. Trial courts of general jurisdiction
9.2.2.1. full range of felony cases and all other civil lawsuits
9.2.3. Intermediate courts of appeals
9.2.3.1. cases move here if the defendant claims that errors by police or trial contributed to their conviction
9.2.3.2. procedure, not fact
9.2.4. Appellate court of last resort
9.2.4.1. usually called state supreme courts
9.3. adversarial process
9.3.1. judge acts like a referee
9.4. inquisitorial process
9.4.1. judge is a part of the questioning process
9.5. court functions
9.5.1. norm enforcement
9.5.1.1. enforce society's rules and standards for behavior
9.5.2. dispute processing
9.5.2.1. disagreements between individuals that cannot be resolved on their own; people file lawsuits seeking government intervention
9.5.3. policy making
9.6. local legal culture
9.6.1. going rate
9.6.1.1. local court officials' shared view of the appropriate sentence for a given offense, the defendant's prior record, and other case characteristics
9.6.2. continuance
9.6.2.1. requests for a scheduled case to be addressed at a later date
9.6.3. work group
9.6.3.1. a collection of individuals who interact in the workplace, share goals, and develop norms regarding how activities should be carried out
10. Judges
10.1. Who are Judges?
10.1.1. largely white males
10.1.1.1. minorities and women are growing in numbers, but we still lack diversity
10.2. Roles of the Judge
10.2.1. Adjudicator
10.2.1.1. assume a neutral stance between prosecutor and defense
10.2.2. Negotiator
10.2.2.1. may negotiate in the creation of a plea
10.2.3. Administrator
10.2.3.1. lead of the court
10.2.3.2. decide how the court runs
10.3. How do people become Judges?
10.3.1. Partisan election
10.3.1.1. affiliated with a political party
10.3.1.2. potential issues
10.3.1.2.1. influence decisions judges make?
10.3.2. Nonpartisan election
10.3.2.1. not affiliated with a political party when elected
10.3.3. Merit selection
10.3.3.1. nominated by a committee or appointed by a government for a term
10.3.3.1.1. at expiration of the term, a retention election is held
10.3.4. Problems
10.3.4.1. Should the individual who is at the head of a court be elected at all?
10.3.4.1.1. people may be swayed
10.3.4.1.2. if one area is overwhelmingly one political party, we may keep the person in their position for a very long time
11. The plea
11.1. one of the most important mechanisms in the court system
11.2. allows for conviction of cases that may otherwise be questionable
11.3. system would collapse without it
11.4. pleas with bargaining
11.4.1. negotiation process
11.4.1.1. proposed consequences
11.4.1.2. what the individual is pleading to
11.4.1.3. agreeing to both ^^
11.4.1.4. multiple offense
11.4.1.4.1. same types of crime committed in one incident
11.4.1.4.2. level of offense
11.4.2. threats of jury trial
11.4.2.1. "you don't want this to go to trial"
11.5. pleas without bargaining
11.5.1. happens when there is no question that what happened happened; evidence is right there
11.5.2. no question of fact
11.5.3. implicit plea bargainging
11.6. Legal issues
11.6.1. Boykin v Alabama
11.6.1.1. plea must be voluntary
11.6.1.1.1. have to understand what they are agreeing to and what their punishment will be
11.6.2. Missouri v Frye
11.6.2.1. defense attorneys must inform defendant if a plea is on the table
11.6.3. North Carolina v Alford
11.6.3.1. Alford plea
11.6.3.1.1. I will take your punishment, but i will not admit guilt
11.6.3.1.2. not allowed in all jurisdictions and is often not granted
12. Types of evidence
12.1. demonstrative
12.1.1. evidence of what has occurred; not direct as in someone seeing it
12.2. direct evidence
12.2.1. eyewitness testimonies
12.3. circumstantial evidence
12.3.1. may tie the individual to a crime but may have a number of external explanations
12.3.2. can assist a case that has other evidence
13. Bail
13.1. a sum of money or property specified by a judge that defendants present to court as a condition for pretrial release
13.2. The reality of the bail system
13.2.1. may have a standard list of bail amounts for minor offenses
13.2.2. for serious offenses, judge sets bail in court
13.2.2.1. amount based on judge's view of the seriousness of the crime and the defendant's record
13.2.2.2. may set high bail if the police or prosecutor want a certain person kept off the streets
13.2.3. facilitates discrimination against poor people
13.2.3.1. poor people may not have money to pay bail
13.2.3.2. may lose their jobs in the time it takes them to get out of jail
13.2.3.2.1. can result in more guilty pleas to get released earlier than they would if they went to trial
13.3. Bail agents
13.3.1. private business people who are paid fees by defendants who lack the money to make bail
13.3.2. can lead to corruption
13.3.2.1. bail agent can pay jailer or police officer to make referrals
13.3.2.2. may refuse to help a defendant if police want to see them remain in jail
13.3.3. can be helpful in ensuring that the defendant shows up to court
13.4. reforming the bail system
13.4.1. citation
13.4.1.1. a written order to appear in court at a specific time to answer to a criminal charge
13.4.2. release on recognize
13.4.2.1. pretrial release granted on the defendant's promise to appear in court because the judge believes that the defendant's ties to the community guarantee that they will appear
13.4.3. ten percent cash bail
13.4.4. bail fund
13.4.4.1. Bronx Freedom Fund
13.4.5. bail guidelines
13.4.5.1. specify standards judges should use in setting bail
13.4.6. preventative detention
13.4.6.1. holding a defendant for trial based on a judges finding that if the defendant were released on bail, he or she would endanger the safety of another person or would flee