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?