CJS/SOC 220

1. Courts and Trials Class 1 CJS/SOC 220

2. Administrative • Give quiz 7 • Return quiz 6 at end of class • Return case analyses • If you are interested in how courts deal with domestic violence or the impact of social media on criminal justice issues, see the optional readings

3. Review • Courts in the past • Role of Prosecutors • Role of Judges • Role of Defense Counsel • Impact of the Courtroom Work Group

4. Today Right to Counsel Effective Counsel Providing Counsel to Those Who Need It

5. I. The Right to Counsel • The 6th Amendment to the constitution • In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.

6. I. Right to Counsel • How was this interpreted before 1930? • 1931-1963 • Gideon v. Wainright (1963)

7. II. Effective Counsel • McMann v. Richardson (1970) • Strickland v. Washington (1984) • Yarborough v. Gentry (2003) • Implications

8. III. Providing Counsel for Those Who Need It • Alternative ways to provide such counsel • Public Defenders Office • Pool of Attorneys doing their pro bono publico work • Pool of Attorneys willing to take such cases for a stipend • Attorneys assigned by judges • Advantages and disadvantages of each approach

9. III. Providing Counsel for Those Who Need It What has been the practice in funding defense attorneys for those who need them? What are the uses of such funding in addition to paying attorney fees? How has this funding compared to the funding of prosecutorial offices? Why has this been the case and why has it been so hard to secure adequate funding?

10. Next Time • Continue on Courts and Trials

11. CJS/SOC 220 Courts and Trials Class 2

12. Administrative Return quiz 7 at the end of class

13. Review Right to Counsel (and Effective Counsel) Practical Limitations on this Right

14. Today Diversion Programs Plea Bargaining Alternatives

15. I. Diversion Programs What are diversion programs? At what point in the criminal justice process are they used? Why are they used and under what circumstances?

16. II. Plea Bargaining What is plea bargaining? How widely is it used? Why is it used? Why do prosecutors engage in it? Why do defendants engage in it? Issues with regard to plea bargaining?

17. III. Alternatives Impact of attempts to reduce plea bargaining Pre-trial settlement conference

18. Next Time Trials and Sentencing

19. CJS/SOC 220 Courts and Trials Class 3

20. Administrative Any questions about where we are or what we are doing?

21. Review Right to counsel Effective counsel Providing attorneys for those who need them Diversion programs Plea bargains and their alternatives

22. Today Kenneth Pavel – Ineffective Counsel Accuracy and Rape Cases Discovery and Exculpatory Evidence Prosecution versus Defense

23. I. Kenneth Pavel – Ineffective Counsel April 1989 arrest The Trial The Defense Attorney The Outcome

24. II. Accuracy and Rape Cases Rape one type of case especially subject to forensic evidence The rape kit backlog Mishandling of forensic evidence

25. II. Accuracy and Rape Cases • The case of Dan Lackey • The Incident and Arrest • The Trial • Afterward

26. III. Discovery and Exculpatory Evidence • Nature of discovery • What kinds of exculpatory evidence are often discovered? • Improper convictions

27. IV. Prosecution versus Defense • Advantages of the Prosecution • Disadvantages of the Prosecution • Advantages of the Defense • Disadvantages of the Defense

28. Next Time Continue with courts and trials

29. Courts and Trials Class 4

30. Administrative Any questions about where we are or what we are doing? Collect Case Analyses Make sure you have sent me electronic version

31. Review Accuracy and Rape Cases Discovery and Exculpatory Evidence Prosecution versus Defense

32. Today Nature of Criminal Punishment Goals of Punishment Sentencing Alternative Sanctions Death Penalty

33. I. Nature of Criminal Punishment Must be against actual offenders being punished for a legal offense Not all government consequences are criminal punishment

34. II. Goals of Punishment Retributive Punishment Utilitarian Punishment Incapacitation Mandatory Minimum Sentences

35. III. Sentencing In most states, juries determine guilt and judges set sentences Factors that affect sentences Appeal of sentences How important is role of judges in determining penalties?

36. III. Sentencing • Indeterminate Sentencing • Determinate Sentencing • Voluntary Guidelines

37. III. Sentencing • Presumptive Sentencing • Mandatory Minimum Sentences • Jason Hernandez

38. IV. Alternative Sanctions • Boot Camps • House Arrest • Community Service • Most states now have some form of drug courts

39. V. Death Penalty • Illinois • Trend away from capital punishment • New York • Death Penalty and Discrimination

40. Next Time We begin unit on history of correctional system