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Courts by Mind Map: Courts

1. Function and structure

1.1. federal

1.1.1. District courts

1.1.2. Circuit courts of appeals

1.1.3. Supreme Court of the United States

1.1.3.1. 9 justices

1.1.3.1.1. Ruth Bader Ginsburg

1.1.3.1.2. Stephen Breyer

1.1.3.1.3. Samuel Alito

1.1.3.1.4. Sonia Sotomayer

1.1.3.1.5. Elena Kagan

1.1.3.1.6. Neil Gorsuch

1.1.3.1.7. Brett Kavanaugh

1.1.3.1.8. Chief Justice John Roberts

1.1.3.1.9. Clarence Thomas

1.1.4. types of cases

1.1.4.1. violations of federal law at the original jurisdiction

1.1.4.2. issues of state law that have federal questions

1.2. state

1.2.1. Trial courts of limited jurisdiction

1.2.1.1. handle only misdemeanors, lawsuits for small amounts of money, and other specific kinds of cases

1.2.1.1.1. problem solving courts

1.2.1.2. jurisdiction

1.2.1.2.1. the geographic territory or legal boundaries within which control may be exercised; the range of a courts authority

1.2.2. Trial courts of general jurisdiction

1.2.2.1. full range of felony cases and all other civil lawsuits

1.2.3. Intermediate courts of appeals

1.2.3.1. cases move here if the defendant claims that errors by police or trial contributed to their conviction

1.2.3.2. procedure, not fact

1.2.4. Appellate court of last resort

1.2.4.1. usually called state supreme courts

1.3. adversarial process

1.3.1. judge acts like a referee

1.4. inquisitorial process

1.4.1. judge is a part of the questioning process

1.5. court functions

1.5.1. norm enforcement

1.5.1.1. enforce society's rules and standards for behavior

1.5.2. dispute processing

1.5.2.1. disagreements between individuals that cannot be resolved on their own; people file lawsuits seeking government intervention

1.5.3. policy making

1.6. local legal culture

1.6.1. going rate

1.6.1.1. local court officials' shared view of the appropriate sentence for a given offense, the defendant's prior record, and other case characteristics

1.6.2. continuance

1.6.2.1. requests for a scheduled case to be addressed at a later date

1.6.3. work group

1.6.3.1. a collection of individuals who interact in the workplace, share goals, and develop norms regarding how activities should be carried out

2. Judges

2.1. Who are Judges?

2.1.1. largely white males

2.1.1.1. minorities and women are growing in numbers, but we still lack diversity

2.2. Roles of the Judge

2.2.1. Adjudicator

2.2.1.1. assume a neutral stance between prosecutor and defense

2.2.2. Negotiator

2.2.2.1. may negotiate in the creation of a plea

2.2.3. Administrator

2.2.3.1. lead of the court

2.2.3.2. decide how the court runs

2.3. How do people become Judges?

2.3.1. Partisan election

2.3.1.1. affiliated with a political party

2.3.1.2. potential issues

2.3.1.2.1. influence decisions judges make?

2.3.2. Nonpartisan election

2.3.2.1. not affiliated with a political party when elected

2.3.3. Merit selection

2.3.3.1. nominated by a committee or appointed by a government for a term

2.3.3.1.1. at expiration of the term, a retention election is held

2.3.4. Problems

2.3.4.1. Should the individual who is at the head of a court be elected at all?

2.3.4.1.1. people may be swayed

2.3.4.1.2. if one area is overwhelmingly one political party, we may keep the person in their position for a very long time

3. Grand Juries

3.1. come into place when police or government officials are in propriety

3.2. allow prosecutors to present evidence without having to implement charges themselves

3.2.1. tries to protects relationship between police and prosecutor

4. Prosecution

4.1. Prosecutors

4.1.1. types

4.1.1.1. local prosecuting attorneys

4.1.1.1.1. courts of either limited or general jurisdiction

4.1.1.1.2. the people you would see if you were to go to felony court in your jurisdiction

4.1.1.2. US attorneys

4.1.1.2.1. trying cases of federal question in original jurisdiction courts at the federal level

4.1.1.3. State attorney general

4.1.1.3.1. takes on cases that have state issues

4.1.2. roles

4.1.2.1. trial counsel for police

4.1.2.1.1. assists the police in understanding how they need to go about their process to make it easier for the prosecuting attorney to successfully prosecute

4.1.2.2. house counsel for police

4.1.2.2.1. assist police in answering questions or concerns of legal nature

4.1.2.3. representative of the court

4.1.2.3.1. government representative housed within the court

4.1.2.4. elected official

4.1.2.4.1. is the prosecutor able to execute their job in the best way possible if they have to worry about their reputation in the community?

4.1.3. key relationships

4.1.3.1. Police

4.1.3.2. victims

4.1.3.3. judges and courts

4.1.3.4. community

4.1.3.5. defense attorneys

4.1.3.5.1. have a good relationship and normally will know how each other will react to certain cases

4.1.4. areas where prosecutor performs

4.1.4.1. investigation and arrest

4.1.4.1.1. what charges should be filed; should they be charged?

4.1.4.2. initial appearance

4.1.4.2.1. seek high bail, inform court and accused of charges

4.1.4.3. preliminary hearing

4.1.4.3.1. discuss case with defense

4.1.4.4. arraignment

4.1.4.4.1. present charges against accused through indictment or information

4.1.4.4.2. acknowledge defendant's plea

4.1.4.5. pretrial

4.1.4.5.1. prepare case for trial

4.1.4.6. trial

4.1.4.6.1. respond in court to defendant's charge or guilty plea

4.1.4.7. sentencing

4.1.4.7.1. recommend and justify sentence

4.1.4.8. appeal

4.1.4.8.1. prepare argument to counter appeal filed by defense

4.1.5. use of discretion

4.1.5.1. plea

4.1.5.1.1. what type of plea will the court accept?

4.1.5.1.2. large amount of discretion in court

4.1.5.2. shape decisions to fit different interests

4.1.5.2.1. judge

4.1.5.3. whether to file charges, multiple charges, one charge, etc.

4.1.5.3.1. count

4.1.5.4. nolle prosequi

4.1.5.4.1. an entry made by a prosecutor that indicates that the charges specified will not be prosecutors and in effect they are dismissed

4.2. discovery

4.2.1. both defense and prosecution are required to share information

5. Defense

5.1. Two options

5.1.1. hire private attorney

5.1.2. indigent defense

5.1.2.1. if you cannot afford a lawyer

5.1.2.2. types

5.1.2.2.1. contract

5.1.2.2.2. public defender

5.1.2.2.3. assigned

5.2. Right to counsel (6th Amendment)

5.2.1. Gideon v. Wainwright

5.2.1.1. established that if we are charged with a felony and cannot afford our own lawyer one will be provided

5.2.2. Miranda v. Arizona

5.2.3. Ross v. Moffitt

5.2.3.1. if you wish to appeal your case, it is not necessary for the court to provide you with an attorney

5.3. roles

5.3.1. police station

5.3.1.1. provide advise to defendant during interrogation

5.3.1.2. may not be introduced to defendant at this time, however

5.3.2. initial appearance

5.3.2.1. appear with accused before judge

5.3.2.2. seek pretrial release

5.3.3. preliminary hearing

5.3.3.1. challenge prosecutor's stand that probable cause exists

5.3.4. arraignment

5.3.4.1. learn charges listed

5.3.4.2. advise client how to plea

5.3.5. pretrial

5.3.5.1. continue plea negotiations

5.3.5.2. file pretrial motions

5.3.5.2.1. an application to a court requesting that an order be issued to bring about a specific action

5.3.5.3. challenge evidence

5.3.6. trial

5.3.6.1. change plea from not guilty to guilty or assume adversarial stance

5.3.7. sentencing

5.3.7.1. prepare client for expected outcome

5.3.8. appeal

5.3.8.1. develop appropriate basis for appeal

6. The plea

6.1. one of the most important mechanisms in the court system

6.2. allows for conviction of cases that may otherwise be questionable

6.3. system would collapse without it

6.4. pleas with bargaining

6.4.1. negotiation process

6.4.1.1. proposed consequences

6.4.1.2. what the individual is pleading to

6.4.1.3. agreeing to both ^^

6.4.1.4. multiple offense

6.4.1.4.1. same types of crime committed in one incident

6.4.1.4.2. level of offense

6.4.2. threats of jury trial

6.4.2.1. "you don't want this to go to trial"

6.5. pleas without bargaining

6.5.1. happens when there is no question that what happened happened; evidence is right there

6.5.2. no question of fact

6.5.3. implicit plea bargainging

6.6. Legal issues

6.6.1. Boykin v Alabama

6.6.1.1. plea must be voluntary

6.6.1.1.1. have to understand what they are agreeing to and what their punishment will be

6.6.2. Missouri v Frye

6.6.2.1. defense attorneys must inform defendant if a plea is on the table

6.6.3. North Carolina v Alford

6.6.3.1. Alford plea

6.6.3.1.1. I will take your punishment, but i will not admit guilt

6.6.3.1.2. not allowed in all jurisdictions and is often not granted

7. Trial

7.1. bench trial

7.1.1. judge acts as a fact finder and determines guilt

7.1.2. may be preferred if the case is emotionally difficult

7.1.3. can be used as a mechanism of defense

7.2. jury

7.2.1. process

7.2.1.1. jury selection

7.2.1.1.1. pool of individuals

7.2.1.2. opening statement

7.2.1.3. presentation of evidence

7.2.1.4. rebuttal

7.2.1.5. closing arguments

7.2.1.6. instructions given to jury

7.2.1.7. deliberation

7.2.1.8. decision

8. Types of evidence

8.1. demonstrative

8.1.1. evidence of what has occurred; not direct as in someone seeing it

8.2. direct evidence

8.2.1. eyewitness testimonies

8.3. circumstantial evidence

8.3.1. may tie the individual to a crime but may have a number of external explanations

8.3.2. can assist a case that has other evidence

9. Appeal

9.1. based on claim of error in procedure, NOT question of fact

9.2. states decide majority

9.3. few results are acquittal

9.4. habeus corpus

9.4.1. claim of constitutional rights violation

9.4.2. idea of unlawful detainment

9.4.3. not represented by lawyer

10. Bail

10.1. a sum of money or property specified by a judge that defendants present to court as a condition for pretrial release

10.2. The reality of the bail system

10.2.1. may have a standard list of bail amounts for minor offenses

10.2.2. for serious offenses, judge sets bail in court

10.2.2.1. amount based on judge's view of the seriousness of the crime and the defendant's record

10.2.2.2. may set high bail if the police or prosecutor want a certain person kept off the streets

10.2.3. facilitates discrimination against poor people

10.2.3.1. poor people may not have money to pay bail

10.2.3.2. may lose their jobs in the time it takes them to get out of jail

10.2.3.2.1. can result in more guilty pleas to get released earlier than they would if they went to trial

10.3. Bail agents

10.3.1. private business people who are paid fees by defendants who lack the money to make bail

10.3.2. can lead to corruption

10.3.2.1. bail agent can pay jailer or police officer to make referrals

10.3.2.2. may refuse to help a defendant if police want to see them remain in jail

10.3.3. can be helpful in ensuring that the defendant shows up to court

10.4. reforming the bail system

10.4.1. citation

10.4.1.1. a written order to appear in court at a specific time to answer to a criminal charge

10.4.2. release on recognize

10.4.2.1. 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

10.4.3. ten percent cash bail

10.4.4. bail fund

10.4.4.1. Bronx Freedom Fund

10.4.5. bail guidelines

10.4.5.1. specify standards judges should use in setting bail

10.4.6. preventative detention

10.4.6.1. 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

11. The goals of punishment

11.1. Retribution

11.1.1. punishment inflicted on a person who has harmed others and so deserves to be penalized

11.2. Deterrence

11.2.1. punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses

11.2.2. specific deterrence

11.2.2.1. punishment inflicted on criminals to discourage them from committing future crimes

11.2.3. assumes that people will think before they act

11.3. incapacitation

11.3.1. depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison

11.3.2. severity of sentence depends on nature of crime

11.3.2.1. focuses on characteristics of offenders rather than the aspects of their offenses

11.3.3. selective incapacitation

11.3.3.1. 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

11.4. Rehabilitation

11.4.1. the goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy

11.5. Restorative Justice

11.5.1. punishment designed to repair the damage done to a victim and community by an offender's criminal act

12. Forms of the criminal sanction

12.1. Sentencing

12.1.1. Process

12.1.1.1. penal code established by legislature

12.1.1.2. judges have limited jurisdiction dependent on code, crime, and charge

12.1.1.3. presentence report

12.1.1.3.1. created by probation officer

12.1.1.3.2. summary of case

12.1.1.3.3. sentence reccommendation

12.1.1.3.4. aggravators

12.1.1.3.5. mennigators

12.1.2. types

12.1.2.1. indeterminate

12.1.2.1.1. create a minimum and maximum of years to serve

12.1.2.2. determinate

12.1.2.2.1. specific period of time

12.1.2.2.2. good time/credit time

12.1.2.2.3. release is mandatory

12.1.3. Misdemeanor courts

12.1.3.1. Assembly-line justice

12.1.3.1.1. hear about 90 percent of criminal cases

12.1.3.1.2. may receive little or no punishment

12.1.4. Felony courts

12.1.4.1. courts of general jurisdiction

12.1.4.2. sentencing decisions shaped by the relationships, negotiations, and agreements among prosecutor, defense attorney, and judge

12.1.5. sentencing guidelines

12.1.5.1. a mechanism to indicate judges the expected sanction for certain offenses in order to reduce disparities in sentencing

12.2. Intermediate Sanction

12.2.1. a variety of punishments that are more restrictive than traditional probation but less severe and costly than incarceration

12.2.1.1. fines

12.2.1.2. home confinement

12.2.1.3. intensive probation supervision

12.2.1.4. boot camp

12.2.1.5. community service

12.3. Probation

12.3.1. a sentence that the offender is allowed to serve under supervision in the community

12.3.2. shock probation

12.3.2.1. a sentence which the offender is released after a short incarceration and resentenced to probation

12.4. Death

12.4.1. US continues to use death penalty

12.4.2. suspended use for a time, but declared it did not constitute cruel and unusual punishment

12.4.3. Death penalty and the Constitution

12.4.3.1. Furman v Georgia

12.4.3.1.1. the death penalty, as it was administered, was cruel and unusual punishment

12.4.3.2. Gregg v. Georgia

12.4.3.2.1. 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

12.4.3.3. McCleskey v. Kemp

12.4.3.3.1. US Supreme Court failed accept that racial discrimination exists in administering the death penalty

12.4.4. Issues

12.4.4.1. is it ethical?

12.4.4.2. execution of the mentally ill

12.4.4.2.1. many people will mental illnesses do not meet the criteria for an insanity defense and therefore are eligible for the death penalty

12.4.4.3. effective counsel

12.4.4.3.1. attorney's competency

12.4.4.4. death-qualified juries

12.4.4.4.1. should people who are opposed to the death penalty be excluded from juries in capital cases?

13. Module 2 map

14. Module 1 map: This map would be an extension of the "Courts" subsection