court procedure dual court system of the united states
TRANSCRIPT
CourtProcedure
Dual Court
System of the United States
United States Supreme Court
Circuit Courts of Appeals
District Courts
7-3:The Thirteen United States Circuits
State Court System
State Court SystemCalif. Supreme Court
District Courts of Appeal
County Superior Court
United States Supreme Court
The Court of Last Resort
United States Supreme Court
Rule of Four
Writ of Certiorari
Writ of Habeas Corpus
Funneling Effect7-4:
Dual Court System of the United States
State Court SystemFederal Court System
U.S. District Courts
U.S Supreme Court
State Supreme Court
District Courts of Appeal
Superior Courts
U.S. Courts of Appeal
Key Actors in the Court Process
JudgeDefense Attorney
Prosecutor
Powers of the Prosecutor Conduct final screening of case
Decide if and what to charge person of crime
Powers of the Prosecutor Decide whether to prosecute or not
if decide to prosecute, they determine what the charge will be
Powers of the Prosecutor No prosecution decision is nolle prosequi, or nol. pros.
Why Prosecutors don’t Charge
Offense did not cause sufficient harm
Statutory punishment for a crime is too harsh for a particular offender
Nolle Prosequi
Criminal charge made for the wrong reasons
Law is regularly violated with impunity
Nolle Prosequi
Nolle Prosequi Victim may refuse to testify
Humanitarian considerations for victim or offender
Accused person cooperates in the apprehension and/or conviction of other criminals
Nolle Prosequi
Accused is wanted for prosecution of a more serious crime in another jurisdiction
Nolle Prosequi
May be more cost effective to simply have the parole revoked and return offender to prison
Nolle Prosequi
Defense Attorneys
Accused has the right to “the assistance of counsel for his defense”
Defendant’s defense options
Privately retained counsel
Court-appointed attorney
Defendant’s defense options
Public Defender
Court Contract lawyer (Alternate Public Defender)
Guilty
Not Guilty
Nolo Contendere - no contest
Three Types of Defendant Pleas
Responsibilities of Judges
Determining Probable Cause
Sign Warrants
Responsibilities
Informing suspects of their rights
Responsibilities
Setting and revoking bail
Arraigning defendants
Responsibilities
Accepting guilty pleas
Managing courtroom and staff
Responsibilities
Ensuring a jury has a chance to reach a verdict on evidence presented
Responsibilities
Instructing jury on the law
Imposing sentences
Responsibilities
BOOKING
Typical Outcome of 100 Hypothetical Arrests Brought by the Police for Prosecution7-5:
Formal Charges
Formal Charges
Initial Appearance in Court
Preliminary Hearing (felony)
Preliminary Hearing (felony)
Preliminary Hearing (felony)
Grand Jury Indictment
Prosecutor’s Information
Formal Arraignment
Case # 98001
Plea Bargaining
Plea Bargaining
Trial
Trial
Trial
SENTENCING
SENTENCING
Possible Appeals
Punishment
Purposes of Initial Visit in Court
Give formal notice of charges to defendant
Be advised of Constitutional rights
Initial Visit
Hold a summary hearing
Hold hearing
Initial Visit
Determine if there is probable cause to hold suspect
Initial Visit
Pretrial Release Options
Stationhouse bail
Surety bonds
Pretrial Release Options
Full cash bonds
Deposit bonds
What is Bail?
Usually a monetary guarantee deposited with the court...
What is Bail?
to ensure that the suspect(s) will appear at a later stage in the criminal justice process
Judges Bail Considerations
Likelihood of defendant appearing for court
Seriousness of the crime
Judges Bail Considerations
Current capacity of jail
Defendant would be a threat to the community
Grand Jury
A group of 12-23 citizens who, for a specified period of time….
Grand Jury
Meet in closed sessions to: Investigate charges from a preliminary hearing
Investigate crime to determine if there is sufficient evidence
Grand Jury
Meet in closed sessions to:
Grand Jury
Meet in closed sessions to: Protect citizens from unfounded charges
Grand Jury
Meet in closed sessions to: Consider misconduct of government officials
Purposes of the Arraignment
Hear the formal information or indictment
Allow defendant to enter a plea
Purposes of the Arraignment
Determine if defendant is competent to stand trial
Pleas Options Available at Arraignment
Guilty
Not Guilty
Pleas Options Available at Arraignment
Nolo Contendre (no contest)
Not guilty by reason of insanity
Plead guilty to a lesser offense
Plead guilty to receive a lighter sentence
Three Types of Plea Bargains
Plead guilty to have other charges dropped
Three Types of Plea Bargains
Whose interests are served by plea bargaining?
Plea-Bargaining?
Defense Attorneys
Most criminal defendants
Defendants not served by plea-bargaining
Innocent, indigent defendants
Habitual offenders
MenuCourt Structure and Purpose
Court Actors
Pretrial Process
Trial Process
Simulations
Types of Trials
Bench Trial
Jury Trial
Jury Selection
Venire
Voir Dire
Source Lists Used in States to Obtain Jurors
Voter registration lists
Licensed driver lists
Utility users lists
Telephone directories
Qualifications of a Potential Juror
Resident of the locality of the trial
Qualifications
Ability to understand English
Qualifications
Be of good character and/or well informed
Qualifications
The Trial Process
Stages in a Criminal Trial7-7:
1000 felonies committed
500 reported to police
100 arrested
50 convicted
30 incarcerated
Funneling Effect of CJ System
MenuCourt Structure and Purpose
Court Actors
Pretrial Process
Trial Process
Simulations
Let’s Discuss
Let’s Make a Deal
Issue: Plea Bargaining
FREEFREE FREE
After a two year investigation, FBI agents apprehended….
1998
John (aka “The Bear”) Berrenzelli
Berrenzelli was a close friend of Larry Lizardo,
also known in crime circles as “The Lizard”
Lizardo was wanted by both the FBI and Interpol,
Wanted“The Lizard”
for international arms smuggling
But despite their friendship, Berrenzelli agreed to testify about...
his dealings with Lizardo
In exchange for his testimony, Berrenzelli was granted...
...immunity from prosecution
Attorneys who agreed to the plea bargain argued that Berenzelli’s testimony was critical
Without “The Bear’s” statements,
Lizardo would never be indicted
But critics, including the media, objected to turning Berrenzelli lose
Un-Bear-a
ble
No voter wants to see a public enemy go free, they said
What do you think? Does plea bargaining serve the interests of a career criminal?
Why or why not?
What do you think? Does plea bargaining in a high profile case encourage criminal behavior?
What do you think? Can you think of cases which should never be plea bargained?
Bail OutIssue: Pretrial Release
Gamblers at the Eagle Mountain Casino...
have recently been robbed after visiting the reservation
Bail Out
Victims are typically big winners who take their payoffs in cash
the winners home,
The robbers follow
then rob them before they can deposit their cash
The robberies were closely followed by the media….
Follow-Me Home
Robbers Strike Again
With the insinuation that the Eagle Mountain
Casino was an unsafe
placeDANGER
When the robbers were apprehended, casino officials urged they be held without bail
The casino officials argued that the follow-me-home robberies were especially serious, because…
of their carefully-planned nature
The public will not visit the casino while robbers are on the loose, they said..
CASINO CHRONICLE
But defense attorneys argued in favor of bail
The robbers lived on the reservation, the attorneys
said
They had strong ties to the community, and...
…are a low risk of flight
What Do You Think?
Should the casino operators’ concerns be allowed to deny the robbers bail?
What Do You Think?
Do the robbers’ ties to the tribe and the community reduce their risk of flight?
What Do You Think?
Would the publicity of the robberies change the amount of bail a judge orders?
Here’s something to
consider about a public
defender:
Defense to Go
Works irregular hours
Defense to Go Often works more than 50 hours per week
Defense to Go Often works more than 50 hours per week
Defense to Go
Is under heavy stress when a case is being tried
Defense to Go
Earns roughly two-thirds the salary of a lawyer in private practice
Defense to Go
Is often young and inexperienced
So, if public defenders are:
Defense To Go
Overworked Underpaid
What Do You Think?Defense To Go
Can an attorney really do an effective defense when juggling a number of clients?
What Do You Think?Defense To Go
Is a public defender’s emphasis on efficiency due to a lack of concern for the client?
What Do You Think?Defense To Go
Should young inexperienced lawyers be allowed to be public defenders?