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Chapter 16

Chapter 16. The Judicatory Process. Court Structure. State Courts Most states employ a multitiered court structure Lower courts try misdemeanors Superior courts try felony cases Appellate courts review procedures of trial courts. Figure 16.1 Structure of a State Judicial System.

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Chapter 16

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  1. Chapter 16 The Judicatory Process

  2. Court Structure • State Courts • Most states employ a multitiered court structure • Lower courts try misdemeanors • Superior courts try felony cases • Appellate courts review procedures of trial courts

  3. Figure 16.1 Structure of a State Judicial System

  4. Court Structure • Federal Courts • Three tiers: district courts, courts of appeal, and U.S. Supreme Court • Supreme Court comprised of nine members, who grant certiorari to review cases • Supreme Court cases can become precedent cases • Court Case Flow • Nearly 100 million new cases are brought each year • Court cases are up even though crime rates are down

  5. Figure 16.2 The Federal Judicial System

  6. Figure 16.3 Tracing a Case to the U.S. Supreme Court

  7. Actors In The Judicatory Process • Adversary system • The objective is to seek the truth and keep the process fair

  8. Actors In The Judicatory Process • Prosecutors • Prosecutor is a public official who represents the government in trials and grand juries • Types of prosecutors: • U.S. Attorney General • District Attorney • County Attorney • Commonwealth Attorney • State’s Attorney • Commonly elected positions

  9. Actors In The Judicatory Process • Prosecutorial Discretion • Prosecutors maintain a great deal of discretion • Nolle Prosequi (dismissing a case) • Factors influencing discretion include: • Attitude of the victim • Cost of the prosecution • Undue harm to the suspect • Availability of alternative procedures • Availability of civil sanctions • Willingness of suspect to cooperate • Political issues affect “convictability” (chances for a conviction)

  10. Actors In The Judicatory Process • Defense Attorney • Responsible for providing legal representation of the defendant • Protecting the constitutional rights of the accused • Presenting the best possible legal defense • Indigent defendants have the right to counsel (public defenders) • Some defense lawyers work pro bono (volunteer their services) • Defense attorneys can refuse to represent a client who is suspected would commit perjury (Nix v. Whiteside)

  11. Actors In The Judicatory Process • Judge • Senior officer in the court • Rules on the appropriateness of conduct, settles questions of evidence and procedure, and guides the questioning of witnesses • Maintains control over other service agencies of the court

  12. Actors In The Judicatory Process • Judicial Selection • Appointed by governors or special committees, or election • Missouri Plan is used in more than 30 states: • Nomination of candidate • Appointment by a commission • Noncompetitive elections for retention • Judicial Overload • Number of civil and criminal filings has increased dramatically since 1985 • Average cases per judge: 1500 civil and criminal cases per year

  13. Pretrial Procedures • Bail • Money or some security provided to the court to ensure the appearance of the defendant at trial • Originated from English common law • Eighth Amendment right • Nearly two-thirds of defendants are released by the court prior to appearance • Making Bail • Drug and public order offenders are most likely to be bailed • Defendants with active criminal justice status are more likely to be detained (54 percent)

  14. Pretrial Procedures • The Problems of Bail • The bail system is costly since the state must pay housing costs • Most significant problems with bail include: • Increases punishment risk (more likely to be convicted) • Bonding and recovery agents (sometimes unscrupulous) • Skip tracers or bounty hunters may be used to track • down fugitives • Bail Reform • Encouraged the use of pretrial release • Most defendants return for trial

  15. Pretrial Procedures • Weblink www.bounty-hunter.net

  16. Pretrial Procedures • Preventive Detention • The Bail Reform Act of 1984 allows federal offenders if the safety of another person or community is at risk • U.S. v. Salerno upheld that preventive detention is permissible for public safety • Schall v. Martin pertained to the holding of juvenile offenders

  17. Pretrial Procedures • Plea Bargaining • One of the most common practices (90 percent of felonies plead guilty and 98 percent of misdemeanors) • Motivations for pleading guilty include: strong cases, minimizing sentences, and protection of accomplices. • Plea bargains can benefit prosecutors in case that would have otherwise been dismissed due to weak evidence • Plea Bargaining Issues: • Costs of prosecution are reduced • Efficiency of the courts are improved • Prosecution can devote more time to serious cases • Defendant avoids extended detention waiting for trial

  18. Pretrial Procedures • Control of Plea Bargaining • Reforms have been made which include: uniform plea practices, presence of counsel during negotiations, and establishment of time limits • Alaska eliminated the process in 1975 • Iowa, Arizona, Delaware, and the District of Columbia have sought to limit plea bargains

  19. The Criminal Trial • Jury Selection • Selected randomly (commonly through voter registration) • Process of voir dire (questioning) • Challenges for cause (bias) • Peremptory challenges (no particular reason) • Batson v. Kentucky ruled peremptory challenges due to race violated equal protection of the law • Impartial Juries • Sixth Amendment safeguards against jury bias

  20. CNN Clip - Hospital Patient Deaths

  21. The Criminal Trial • The Trial Process • The basic steps of the criminal trial: • Opening statements • The prosecutions case • Cross-examination • The defense’s case • Rebuttal • Closing arguments • Instructions to the jury • Verdict • Sentencing • Appeal

  22. Figure 16.4 The Steps of a Jury Trial

  23. The Criminal Trial • Trials and Rule of Law • Right to a Speedy Trial (within a reasonable period) • Federal Speed Trial Act 1974 (100 days rule) • Right to a Jury Trial • Right to be Free From Double Jeopardy (Fifth Amendment) • Right to Legal Counsel ( Sixth Amendment) • The Right of be Competent at Trial (including forced medication) • Right to Confront Witnesses

  24. Sentencing • Purposes of Sentencing • Deterrence, Incapacitation, Rehabilitation, and Retribution • Sentencing Dispositions • Generally five types • Fines • Probation • Alternative or Intermediate Sanctions • Incarceration • Capital Punishment

  25. Sentencing • Imposing the Sentence • May be by jury, judge, or administrative body • Concurrent sentence means both sentences are served together • Consecutive sentence means upon completion of one sentence the other sentence begins

  26. Sentencing • Sentencing Structures • Indeterminate Sentences: length of sentence varies • Determinate Sentences: fixed period of time • Structured Sentences: use of guidelines to make sentencing more rational • Mandatory Sentences: use of minimum sentences • Truth in Sentencing: serving substantial portion of prison sentences (1984)

  27. Table16.1 Sentencing Guidelines Grid

  28. Sentencing • Three Strikes Laws • Provides lengthy terms for persons convicted of the third felony • Some judges defy the provisions as being unduly harsh • Critics charge: 1) three-time losers are on the verge of aging-out of crime, 2) overburdens the prison system, and 3) police may be more at risk

  29. Sentencing • How People Are Sentenced • Nearly two-thirds of all felons are confined • Average sentence for felons is 4 _ years (serving 2 _) • 39 percent of felons are ordered to pay fines, restitution, or comply with some other additional penalty • Most serious crimes are most likely to receive prison

  30. Table 16.2 Lengths of Felony Sentences Imposed by State Courts, 2000 • How People Are Sentenced • Nearly two-thirds of all felons are confined • Average sentence for felons is 4 _ years (serving 2 _) • 39 percent of felons are ordered to pay fines, restitution, or comply with some other additional penalty • Most serious crimes are most likely to receive prison

  31. Sentencing • Sentencing Disparity • Sentencing variations are affected by: • The offender’s prior criminal record • Whether the offender used violence • Whether the offender used weapons • Whether the crime was committed for money • Extralegal factors such as age, race, gender, and economic status affect sentencing outcomes

  32. Figure 16.5 Type of Sentence Received for a Felony Conviction by Prior Conviction Record, 2000

  33. The Death Penalty • The Death Penalty Debate • Arguments for: • It is fair to punish the wicked • Biblical implications • Retribution • Deterrence for life sentences • Ultimate incapacitation • Racial disparity seems to be fading

  34. The Death Penalty • Arguments Against the Death Penalty • Little deterrent effect • Executions may increase crime (brutalization effect) • Gender, racial and ethnic biases • Causes more crime (police at risk) • Brutal and demeaning • Support is not widely approved by the public • Precludes any rehabilitation • The death penalty is capricious • Not proven to be a deterrent • Costs could be greater than life sentences due to legal appeals

  35. The Death Penalty • Legality of the Death Penalty • Furman v. Georgia (1972) placed a moratorium on death sentences as cruel and unusual punishment • Gregg v. Georgia (1976) reinstatement based on aggravating factors • Wilkins v. Missouri and Stanford v. Kentucky limited the earliest age of execution as 16 years. • Atkins v. Virginia prohibited the execution of mentally retarded criminals

  36. Figure 16.6 Executions 1930-2003

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