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Constitutional Criminal Procedure

Constitutional Criminal Procedure. Dual Court System of the United States. United States Supreme Court Circuit Courts of Appeals District Courts. 7-2:The Federal Court Structure. 7-3:The Thirteen United States Circuits. State Court System. State Court System.

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Constitutional Criminal Procedure

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  1. Constitutional CriminalProcedure

  2. Dual Court System of the United States

  3. United States Supreme Court • Circuit Courts of Appeals • District Courts

  4. 7-2:The Federal Court Structure

  5. 7-3:The Thirteen United States Circuits

  6. State Court System

  7. State Court System Calif. Supreme Court • District Courts of Appeal • County Superior Court

  8. United States Supreme Court The Court of Last Resort

  9. United States Supreme Court • Rule of Four • Writ of Certiorari • Writ of Habeas Corpus

  10. 7-4: Funneling Effect

  11. Dual Court System of the United States U.S Supreme Court State Supreme Court District Courts of Appeal U.S. Courts of Appeal Superior Courts Federal Court System State Court System U.S. District Courts

  12. Key Actors in the Court Process Defense Attorney Judge Prosecutor

  13. Powers of the Prosecutor • Conduct final screening of case • Decide to charge person with crime

  14. Powers of the Prosecutor • Decide whether to prosecute or not • if decide to prosecute, they determine what the charge will be

  15. Powers of the Prosecutor • No prosecution decision is nolle prosequi, or nol. pros.

  16. Why Prosecutors don’t Charge

  17. Why Prosecutors don’t Charge

  18. Nolle Prosequi • Offense did not cause sufficient harm • Statutory punishment for a crime is too harsh for a particular offender

  19. Nolle Prosequi • Criminal charge made for the wrong reasons • Law is regularly violated with impunity

  20. Nolle Prosequi • Victim may refuse to testify • Humanitarian considerations for victim or offender

  21. Nolle Prosequi Accused person cooperates in the apprehension and/or conviction of other criminals

  22. Nolle Prosequi Accused is wanted for prosecution of a more serious crime in another jurisdiction

  23. Nolle Prosequi May be more cost effective to simply have the parole revoked and return offender to prison

  24. Defense Attorneys Accused has the right to “the assistance of counsel for his defense”

  25. Defendant’s defense options • Privately retained counsel • Court-appointed attorney

  26. Defendant’s defense options • Public Defender • Court Contract lawyer (Alternate Public Defender)

  27. Three Types of Defendant Pleas • Guilty • Not Guilty • Nolo Contendere - no contest

  28. Responsibilities of Judges

  29. Responsibilities • Determining Probable Cause • Sign Warrants

  30. Responsibilities • Informing suspects of their rights

  31. Responsibilities • Setting and revoking bail • Arraigning defendants

  32. Responsibilities • Accepting guilty pleas • Managing courtroom and staff

  33. Responsibilities • Ensuring a jury has a chance to reach a verdict on evidence presented

  34. Responsibilities • Instructing jury on the law • Imposing sentences

  35. BOOKING

  36. 7-5: Typical Outcome of 100 Hypothetical Arrests Brought by the Police for Prosecution

  37. Formal Charges

  38. Formal Charges

  39. Initial Appearance in Court

  40. Preliminary Hearing (felony)

  41. Preliminary Hearing (felony)

  42. Preliminary Hearing (felony)

  43. Grand Jury Indictment

  44. Prosecutor’s Information

  45. Formal Arraignment Case # 98001

  46. Plea Bargaining

  47. Plea Bargaining

  48. Trial

  49. Trial

  50. Trial

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