Chapter 9: Courts and Pretrial Processes

What does it mean for courts to be decentralized?

1)Operated and controlled by local communities, not a statewide administration. Most state and county courts are decentralized.

Courts that review the decisions of lower courts are called

1)appellate courts

What are judges' main functions?

Adjudicator, negotiator, administrator.

partisan election

An election in which candidates openly endorsed by political parties are presented to voters for selection.

nonpartisan election

An election in which candidates' party affiliations are not listed on the ballot.

Why do political parties often prefer that judges be elected?

To secure the support of attorneys who aspire to become judges and to ensure that courthouse positions are allocated to party workers.

What are the steps in the merit-selection process?

When a vacancy occurs, a nominating commission is appointed that sends the governor the names of approved candidates. The governor must fill the vacancy from this list. After a short term, a referendum is held to ask the voters whether the judge should be retained.

The unified structure of state courts can be a barrier to justice.

false

Illinois, Kentucky, Oregon, and Wisconsin—

have abolished private bail bond systems and instead rely on deposits to courts instead of payments to private businesses

Public opinion polls

indicate that Americans are divided in their views about judges' honesty and ethics, and these divisions are based, in part, on race and income.

The most common methods for the selection of state judges in the United States are .

nonpartisan election and merit selection

In most of the country, the criminal courts operate under

the state penal code but are staffed, managed, and financed by county or city government.

unified court system with four goals:

1) Eliminating overlapping and conflicting jurisdictional boundaries 2) Creating a hierarchical and centralized court structure with administrative responsibility held by a chief justice and a court of last resort 3) Having the courts funded by state government instead of local counties and cities 4) Creating a separate civil service personnel system run by a state court administrator -These goals stand at the forefront of the movement to promote the efficiency and fairness of state courts.

Dick Anthony Heller

1) Heller's case in 2008 established a limited Second Amendment right to keep handguns in private homes for self-protection

Ten Percent Cash Bail

1) Illinois, Kentucky, Nebraska, Oregon, and Pennsylvania have started bail programs in which the defendants deposit 10 percent of their bail in cash with the court. 2)When they appear in court as required, 90 percent of this amount is returned to them. 3)Begun in Illinois in 1964, this plan is designed to release as many eligible defendants as possible without using bail agents.

Who Becomes a Judge?

1) Many lawyers take a significant cut in pay to assume a position on the bench. 2)Public service, political power, and prestige in the community may matter more than wealth to those who aspire to the judiciary. 3)The ability to control one's own work schedule is an additional attraction for lawyers interested in becoming judges. 4)judges can usually control their own working hours and schedules 5)they frequently decide for themselves when to go home at the end of the workday.

Why might it be important for judges to represent different segments of society?

1) So that all segments of society will view the decisions as legitimate and fair.

Historically, the vast majority of judges have been white men with strong political connections.

1) Women and members of minority groups had few opportunities to enter the legal profession prior to the 1960s and thus were seldom considered for judgeships. 2)women judges have become more numerous, they still face challenges in running for election and being selected by a governor 3) In 2016, women comprised 31 percent of state judiciaries, including 35 percent of judges on state appellate courts, 30 percent on general jurisdiction trial courts, and 33 percent on limited jurisdiction courts

Local political influences and community values

1) affect the courts in many ways. 2)Local officials determine their resources, residents make up the staff, and operations are managed so as to fit community needs. 3)Only in a few small states is the court system organized on a statewide basis, with a central administration and state funding 4) In most of the country, the criminal courts operate under the state penal code but are staffed, managed, and financed by county or city government

Problems with inadequate resources and

1) and the uneven quality of judges hurt the courts' effectiveness 2)people often see the fragmented structure of state courts as the biggest barrier to justice

three levels of courts:

1) appellate courts, trial courts of general jurisdiction, and trial courts of limited jurisdiction. 2)Cases begin in a trial court, which handles determinations of guilt and sentencing

The issues of complexity and coordination that the country's decentralized courts face

1) are compounded by a third court system that operates in several states.

The proportion of cases dropped

1) at the various stages of the pretrial process varies from city to city. 2) Prosecutors evaluate the facts and evidence and decide which cases are strong enough to carry forward. The others are quickly dismissed. 3)In other cities, formal charges are filed almost automatically on the basis of police reports, but many cases are dismissed when the prosecutor takes the time to examine each defendant's situation closely.

critics contend that judges can accumulate too much power and remain

1) beyond public accountability by being automatically reelected or reappointed when the public does not know enough about what judges have done in office

A bail agent in Brownsville, Texas,

1) for example, was sentenced to serve time in federal prison in 2012 after bribing a state judge to reduce an accused drug trafficker's bail

Retired U.S. Supreme Court Justices Sandra Day O'Connor, David Souter, and John Paul Stevens

1) have all criticized the use of elections to select judges because they believe it tarnishes both the image and the practice of judging to have judicial candidates solicit campaign contributions and make promises about their future decisions 2)O'Connor's view, judicial elections turn judges into "politicians in robes," when they should actually be neutral, knowledgeable, and committed to equal justice

The American value of democracy may, however

1) have detrimental consequences in the judiciary if it pressures judges to follow a community's prejudices rather than make independent decisions using their best judgment in each case

adversarial system

1) in which lawyers serve as advocates for one party in each case 2)Basis of the American legal system in which a passive judge and jury seek to find the truth by listening to opposing attorneys who vigorously advocate on behalf of their respective sides. 3)judges must "learn on the job." 4)trained to "find the law" and apply neutral judgments

In December 2013, Chief Justice John Roberts

1) issued a report that warned Congress about the adverse consequences of budget cuts on the operations of the federal courts 2)Court systems in at least 15 states have put their staff on furloughs, whereas others have cut pay, imposed layoffs, and even closed courtrooms 3)Courts do not control their own workloads because they must process the criminal cases brought to them by prosecutors and police, and they must address civil lawsuits filed by individuals and businesses

Interest groups sometimes seize the opportunity to

1) mount publicity campaigns during retention elections in order to turn out judges with whom they disagree on a single issue or to open an important court seat so that a like-minded governor can appoint a sympathetic replacemen

In 2016, Alabama's partisan election led to a notable result:

1) nine African American women were elected as judges in one county

In the mid-1990s,

1) only 24 percent of defendants who gained release used the services of a bail agent. 2)By 2004, an estimated 40 percent of released felony defendants were customers of bail agents

Because of the importance of state supreme courts as policy-making institutions,

1) political parties and interest groups often devote substantial resources to the election campaigns of their preferred candidates

arraignment

1) the first formal meeting between the prosecutor and the defendant's attorney 2) the formal court appearance in which the charges against the defendant are read and the defendant, advised by his or her lawyer, enters a plea of either guilty or not guilty. Most defendants will enter a plea of not guilty, even if they are likely to plead guilty at a later point. 3)the prosecutor and defense attorney usually have had little chance to discuss a potential plea bargain. The more serious the charges, the more time the prosecutor and defense attorney will likely need to assess the strength of the other side's case. Only then can plea bargaining begin. 4))prosecutors begin to evaluate the evidence. -The lives of the defendants hinge on this screening process, because their fate depends largely on the prosecutor's discretion 5) individual prosecutors play a major role in deciding which defendants will receive criminal punishment 6)The court appearance of an accused person in which the charges are read and the person, assisted by a lawyer, enters a plea of guilty or not guilty, is the .

citation

1) ticket 2)often issued to a person accused of committing a traffic offense or some other minor violation 3)Depending on the nature of the offense, the citation written out by the officer can also include a summons requiring an appearance in court. 4)officer avoids taking the accused person to the station house for booking and to court for arraignment and setting of bail. 5)now being used for more-serious offenses, in part because the police want to reduce the amount of time they spend booking minor offenders and waiting in arraignment court for their cases to come up.

Merit selection

1) which combines appointment and election, was first used in Missouri in 1940 and has since spread to other states. 2)A reform plan by which judges are nominated by a commission and appointed by the governor for a given period. When the term expires, the voters are asked to approve or disapprove the judge for a succeeding term. If the judge is disapproved, the committee nominates a successor for the governor's appointment. 3) designed to remove politics from the selection of judges and to allow the voters to unseat judges 4)increasing role of money in all aspects of the political system may cause additional judges to be ousted. 5) If merit-selected judges feel intimidated by interest groups that might threaten their jobs at the next retention election, the independence of the judiciary will be diminished 6) lawyers see the system as favoring the selection of high-status attorneys with ties to corporations or leading to the selection of judges whose values differ from the mainstream of society 7)often requires connections to or a shared political outlook with the governor or the governor's allies.

Administrator

1)A seldom-recognized function of most judges is managing the courthouse. 2)In urban areas, professional court administrators rather than judges may actually direct the people who keep records, schedule cases, and do the many other jobs that keep a system functioning. 3)But even then, judges remain in charge of their own courtroom and staff. 4)In rural areas, where professional court administrators are not usually employed, the judge's administrative tasks may be more burdensome, and include responsibility for labor relations, budgeting, and maintenance of the courthouse building. 5) must deal with political actors such as county commissioners, legislators, and members of the state executive bureaucracy. 6)judges acting as "problem solvers" in newly developed courts that seek to address the problems of people arrested for drugs and other charges as an alternative to sending minor offenders to jail or prison. 7)problem solver- some fear that this new role will cause judges to lose sight of their obligation to impose punishment on individuals who have violated criminal

state supreme courts

1)All states have courts of last resort 2) and all but a few have an intermediate appellate court (usually called courts of appeals). 3)In the federal system, the U.S. Supreme Court is the court of last resort, and the U.S. circuit courts of appeals are the intermediate appellate courts. 4)the federal system has no trial courts of limited jurisdiction. 5)In state systems, 13,000 trial courts of limited jurisdiction handle traffic cases, small claims, misdemeanors, and other less serious matters. 6)These courts handle 90 percent of all criminal cases 7)The federal system begins with the U.S. district courts, its trial courts of general jurisdiction. 8)In the states, these courts have a variety of names (circuit, district, superior, and others) and are reserved for felony cases or substantial lawsuits. ^-These are the courts in which trials take place, judges rule on evidence, and juries issue verdicts -American trial courts are highly decentralized.

Bail

1)An amount of money specified by a judge to be paid as a condition of pretrial release to ensure that the accused will appear in court as required. 2)is a sum of money or property, specified by the judge, that the defendant must present to the court in order to gain pretrial release. 3)will be forfeited if the defendant does not appear in court as scheduled 4)there is no constitutional right to release on bail, nor even a right to have the court set an amount as the condition of release.

motions

1)An application to a court requesting that an order be issued to bring about a specified action. 2)Through pretrial motions, the defense may try to suppress evidence or learn about the prosecutor's case. 3)The defense attorney making the motion must be able to support the claim being made about improper procedures used in the arrest, the insufficiency of the evidence, or the need for exclusion of evidence 4). Prosecutors also make motions, especially if they have disagreements with the defense about whether and how defense witnesses will be questioned. 5) Judges may decide motions based on the written arguments submitted by each side, or they may schedule a motion hearing that will permit each attorney to present arguments about whether the motion should be granted. 6) Decisions on motions can significantly affect the outcome of a case, especially if the motion hearing determines whether key pieces of evidence can be used in court against the defendant

From Arrest to Trial or Plea

1)At each stage of the pretrial process, key decisions are made that move some defendants to the next stage of the process and filter others out of the system 2)pretrial processes are meant to force prosecutors and judges to review the available evidence and dismiss unnecessary or unjust charges. 3)due process is an important value and is explicitly stated as a right in two different constitutional amendments, the Fifth and the Fourteenth, it can collide with Americans' interest in crime control if errors made by officials in carrying out these steps lead to the release of a guilty offender. 4)errors by judges in preliminary hearings or by police officers in lineups or other procedures can lead to the exclusion of evidence as a remedy for a rights violation. 5), due process can create results that undercut other priorities and objectives. 6)Sometimes a separate bail hearing is scheduled shortly thereafter, especially when a case includes serious criminal charges.

What factors affect whether bail is set and how much money or property a defendant must provide to gain pretrial release?

1)Bail decisions are based primarily on the judge's evaluation of the seriousness of the offense and the defendant's prior record. The decisions are influenced by the prosecutor's recommendations and the defense attorney's counterarguments about the defendant's personal qualities and ties to the community.

inquisitorial system

1)Basis of legal system in Europe in which the judge takes an active role in investigating the case and asking questions of witnesses in court. 2)These trained judges must serve as assistant judges and lower-court judges before they can become judges in general trial and appellate courts

Why and how are cases filtered out of the system?

1)Cases are filtered out through the discretionary decisions of prosecutors and judges when they believe that there is inadequate evidence to proceed, or when prosecutors believe that their scarce resources are best directed at other cases.

appellate courts

1)Courts that do not try criminal cases but hear appeals of decisions of lower courts. 2)move to appellate courts if defendants claim that errors by police or the trial court contributed to their convictions. 3)Further appeals can be filed with a state supreme court or the U.S. Supreme Court, depending on which court system the case is in and what kind of legal argument is being made.

Trial courts of limited jurisdiction

1)Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes these courts hold felony trials that may result in penalties below a specified limit. 2)handle only misdemeanors and lawsuits involving small amounts of money.

trial courts of general jurisdiction

1)Felony cases and all other civil lawsuits are heard 2) jury trials take place and judges impose prison sentences. 3)All federal cases begin in the general jurisdiction trial courts, the U.S. district courts.

Bail: Pretrial Release

1)It is often stated that defendants are presumed innocent until proved guilty or until they enter a guilty plea. 2)people who are arrested are taken to jail- are deprived of their freedom and, in many cases, subjected to miserable living conditions while they await the processing of their cases. 3) who are presumed innocent can lose their freedom—sometimes for many months—as their cases work their way toward trial clashes with the American values of freedom and liberty. 4)people unable to gain release on bail are at risk of ultimately receiving more-severe sentences upon conviction 5)bail and other methods of releasing defendants are used on the condition that the accused will appear in court as required.

Adjudicator

1)Judges must assume a neutral stance in overseeing the contest between the prosecution and the defense. 2) must apply the law so that the rights of the accused are upheld in decisions about detention, plea, trial, and sentence. 3)have a certain amount of discretion in performing these tasks—for example, in setting bail—but they must do so according to the law. They must avoid any conduct that could appear biased.

Negotiator

1)Many decisions that determine the fates of defendants take place outside of public view in the judge's private chambers. 2) decisions are reached through negotiations between prosecutors and defense attorneys about plea bargains, sentencing, and bail conditions. 3)They often encourage the parties to work out a guilty plea or agree to proceed in a certain way 4) judge sometimes acts as a referee, keeping both sides on track in accordance with the law 5)judge takes a more active part in the negotiations, suggesting terms for an agreement or even pressuring one side to accept an agreement.

government budget crises

1)Most of court budgets are allotted to pay judges and administrative staff, so options for implementing budget cuts are limited and tend to directly affect court personnel. 2)can delay the processing of civil cases and lead to pressures to find ways to conclude criminal cases more quickly, such as prosecutors' decisions to dismiss minor charges or offer more-attractive plea agreements.

Release on Recognizance

1)Pioneered in the 1960s by the Vera Institute of Justice in New York City, the release on recognizance (ROR) approach is based on the assumption that judges will grant releases if the defendant is reliable and has roots in the community. Soon after the arrest, court personnel talk to defendants about their job, family, prior record, and associations (K. Kim and Denver, 2011). They then decide whether to recommend release. In the first three years of the Vera Institute of Justice's classic experiment, more than 10,000 defendants were interviewed and about 3,500 were released. Only 1.5 percent failed to appear in court at the scheduled time, a rate almost 3 times better than the rate for those released on bail

What are the purposes of preliminary hearings, arraignments, and defense motions?

1)Preliminary hearings inform defendants of their rights and determine if there is probable cause. Arraignments involve the formal reading of charges and the entry of a plea. Motions seek information and the vindication of defendants' rights.

What is the dual court system?

1)Separate federal and state court systems handling cases in the United States.

What different categories of courts exist within each court system?

1)The federal system is made up of the Supreme Court of the United States, circuit courts of appeals, and district courts. 2)State court systems are made up of an appellate court of last resort, intermediate courts of appeals, trial courts of general jurisdiction, and trial courts of limited jurisdiction.

jurisdiction

1)The geographic territory or legal boundaries within which control may be exercised; the range of a court's authority. 2)

To Be a Judge

1)Their rulings and sentencing decisions influence the actions of police, defense attorneys, and prosecutors. 2)If judges treat certain crimes lightly, for example, police and prosecutors may be less inclined to arrest and prosecute people who commit those offenses 3)they do some of their work—such as signing warrants, setting bail, arraigning defendants, accepting guilty pleas, and scheduling cases—outside the formal trial process. 4) the judge is expected to embody justice, ensuring the defendant's right to due process and fair treatment. 5) the judge's black robe and gavel are symbols of impartiality. 6)inside and outside the courthouse, the judge is supposed to act according to a well-defined role. People expect judges to make careful, consistent decisions that uphold the ideal of equal justice for all citizens. 7)Judges have three major roles: adjudicator, negotiator, and administrator. 8)Throughout the process, the judge ensures that legal standards are upheld; he or she maintains courtroom decorum, protects the rights of the accused, meets the requirement of a speedy trial, and makes certain that case records are maintained properly.

What are the main goals of advocates of judicial reform?

1)To create a unified court system with consolidated and simplified structures, having centralized management, full funding by the state, and a central personnel system.

Setting Bail

1)When the police set bail at the station house for minor offenses, they usually use a standard amount for a particular charge 2) when a judge sets bail, the amount of bail and conditions of release stem from interactions among the judge, prosecutor, and defense attorney, who discuss the defendant's personal qualities and prior record. 3)The prosecutor may stress the seriousness of the crime, the defendant's record, and negative personal characteristics. 4). The defense attorney, if one has been hired or appointed at this point, may stress the defendant's good job, family responsibilities, and status in the community.

When a judgeship becomes vacant,

1)a nominating commission made up of citizens and attorneys evaluates potential appointees and sends the governor the names of three candidates, from which the replacement is chosen. 2) After one year, a referendum is held to decide whether the judge will stay on the bench.

Bail Agents

1)also called a bail bondsman, is a key figure in the bail process 2)private businesspeople who loan money to defendants who lack the money to make bail. 3)licensed by the state and choose their own clients. 4)In exchange for a fee, which may be 5 to 10 percent of the bail amount, the bondsman will put up the money (or property) to gain the defendant's release. 5)often actually decides whether certain defendants will gain pretrial release. 6)improper relationships between police and agents may cause corruption 7)Only two countries in the world rely on profit-seeking bail agents, the United States and the Philippines.

In 2009, there were 17,198 felony suspects in the 75 largest counties who

1)could not make bail or use the services of a bail agent to gain release 2)Far larger numbers of people lose their liberty when one adds the number of arrestees who cannot pay even small bail amounts when arrested for misdemeanor offenses.

American rules and traditions permit states to

1)create their own court systems to handle most legal matters, including most crimes. 2)The federal courts oversee a limited range of criminal cases-they deal with people accused of violating the criminal laws of the national government. 3)Counterfeiting, kidnapping, smuggling, and drug trafficking are examples of federal crimes. 4)account for only a small portion of the criminal cases that pass through American courts each year. 5)For every offender sentenced to incarceration by federal courts, more than ten offenders are sent to prisons and jails by state courts, because most crimes are defined by state laws 6)Both the federal and state court systems have trial and appellate courts.

During the pretrial process,

1)defendants are exposed to the informal, assembly-line atmosphere of the lower criminal courts. 2)Often, decisions are quickly made about bail, arraignment, pleas, and the disposition of cases 3)Moving cases as quickly as possible seems to be the main goal of many judges and attorneys during the pretrial proces 4) Courts throughout the nation face pressures to limit the number of cases going to trial 5) American courts often have too little money, too few staff members, and not enough time to give detailed attention to each case, let alone a full trial. 6)In American courts, the defense uses the pretrial period to its own advantage

Lower courts, especially at the state level, do not always

1)display the dignity and formal procedures of general jurisdiction trial courts and appellate courts 2)They are not necessarily courts of record that keep a detailed account of proceedings. 3)may function rather informally.

specialized, problem-solving courts

1)domestic violence courts 2) courts to handle homeless people's problems 3)courts to help troubled veterans who commit minor offenses or have substance abuse issues 4)drug courts

Eighth Amendment

1)forbids excessive bail, and state bail laws are usually designed to prevent discrimination in setting bail. 2)They do not guarantee, however, that all defendants will have a realistic chance of being released before trial 3)Because the accused is presumed to be innocent, bail should not be used as punishment. 4) amount of bail should therefore be high enough to ensure that the defendant appears in court for trial—but no higher. 5)bail was set in the case of John Gotti, but it was set at an extraordinarily high level because he had violated the terms of his prior bail by being caught with drugs while on pretrial release.

Five methods are used to select state trial court judges:

1)gubernatorial appointment, legislative selection, merit selection, nonpartisan election , and partisan election 2) Some states combine these methods; for example, in Pennsylvania a judge is initially elected by partisan election, but then at the end of the term there is a nonpartisan election (retention) for a second term. By contrast, federal judges are appointed by the president and confirmed by the U.S. Senate. Many of them are chosen as a result of their support for the president's political party and policy preferences

Native Americans

1)have tribal courts, whose authority is endorsed by congressional statutes and Supreme Court decisions. 2)With jurisdiction over their own people on tribal land, these tribal courts permit Native American judges to apply their people's cultural values in resolving civil lawsuits and when processing certain criminal offenses

Throughout the twentieth century and beyond, reformers

1)have tried to change the structure, administration, and financing of the state courts so the courts can deal more effectively with their huge caseloads

Bounty hunters or bail-enforcement agents

1)hired by bail agents find many of the defendants who have skipped out on bail 2)bounty hunters have broken into the wrong homes, kidnapped innocent people mistaken for wanted criminals, and even shot and killed innocent bystanders 3)people they hire to hunt for fugitives

a 2002 decision by the U.S. Supreme Court (Republican Party of Minnesota v. White)

1)invalidated Minnesota's ethics rule that forbade judicial candidates from announcing their views on disputed legal or political issues 2) such rules violate candidates' First Amendment right to freedom of speech.

The Reality of the Bail System

1)is far from the ideal 2)For minor offenses, police officers may have a standard list of bail amounts. 3)question of bail may arise at the police station, at the initial court appearance in a misdemeanor case, or at the arraignment in most felony cases 4)For serious offenses, a judge sets bail in court after hearing a recommendation from the prosecutor. 5)those setting bail may have discretion to set differing bail amounts for different suspects, depending on the circumstances of each case. 6) The speed of decision making and lack of information available at the moment of setting bail can enhance differential treatment. 7)the amount of bail is based mainly on the judge's view of the seriousness of the crime and of the defendant's record 8)Because bail is typically determined 24 to 48 hours after an arrest, there is little time to conduct a more thorough assessment. 9)As a result, judges in many communities have developed standard rates: so many dollars for such-and-such an offense. In some cases, a judge may set a high bail if the police or prosecutor want a certain person to be kept off the streets.

Because judges have the power to deprive a citizen of his or her liberty through a prison sentence,

1)judges should be thoughtful, fair, and impartial. 2)When a judge is rude or hasty or allows the courtroom to become noisy and crowded, the public may lose confidence in the fairness and effectiveness of the criminal justice process.

Election campaigns for lower-court judgeships traditionally tended to be

1)low-key contests marked by little controversy. 2)Usually only a small portion of the voters participate, judgeships are not prominent on the ballot, and ethical considerations constrain candidates from discussing controversial issues. 3) becoming more competitive as candidates raise money and seek connections with interest groups

poor person arrested for a minor violation

1)may spend the pretrial period in jail. 2)bail is set before an attorney has been appointed to represent them in the preparation of their defense. 3)arrestees were spending months in jail, unable to make bail and never receiving the services of a defense attorney, and sometimes without ever being formally charged with a crime 4)Those who cannot make bail must remain in jail awaiting trial, unless they can obtain enough money to pay a bail agent's fee. 5)Given the length of time between arraignment and trial in most courts and the hardships of pretrial detention, defendants in many cities depend on bail agents.

Selection by public voting occurs in

1)more than half the states and has long been part of this nation's tradition. 2). This method of judicial selection embodies the underlying American value of democracy, because it permits the citizens to control the choice of individuals who will be given the power to make decisions in civil and criminal cases 3)helps to ensure that judges remain connected to the community and demonstrate sensitivity to the community's priorities and concerns.

Because of the honors and material rewards of a place on the bench,

1)political parties get support—in the form of donated time and money—from attorneys seeking a judgeship. 2)Parties also want judgeships to be elected posts, because they can then use courthouse staff positions to reward party loyalists. 3)courthouse jobs may become available for campaign workers because the judge chooses clerks, bailiffs, and secretaries. 4)elections for seats on state supreme courts frequently receive statewide media attention

Because people demonstrated a relatively high level of confidence in the police,

1)presumably the negative view of the criminal justice system was focused on courts, judges, and lawyers.

In most urban areas, these courts

1)process seemingly endless numbers of people, and each defendant's "day in court" usually lasts only a few minutes. 2)This informality may bother the public, who expect their local courts to adhere to the standards that reflect American values of justice. 3) in 2016 most Americans lacked confidence in the criminal justice system.

Preliminary hearings

1)provide an opportunity for defense attorneys to challenge the prosecution's evidence and make motions to the court requesting that an order be issued to bring about a specified action. 2)

In Europe, by contrast, prospective judges

1)receive special training in law school to become professional judges in what is called an inquisitorial system 2) trained judges must serve as assistant judges and lower-court judges before they can become judges in general trial and appellate courts 3) unlike Americans, judges are expected to actively question witnesses during court proceedings.

Data collected by the U.S. Office of Probation and Pretrial Services, which handles the processing and monitoring of defendants

1)released on bail by the federal courts, indicate that pretrial services activities produce low levels of failure-to-appear and rearrest while contributing to a significant decline in the use of bail agents in federal courts

In recent decades, political factors in many cities dictated that judges be drawn from

1)specific racial, religious, and ethnic groups as political party leaders sought to gain the support of various segments of the voting public. 2) most recent data available from the American Bar Association, 7 percent of state trial judges are African American, 4 percent are Latino, 2 percent are Asian or Pacific Islander in ancestry, and less than one-half of one percent are Native American 3)Comparing the racial and ethnic makeup of the judiciary with that of the defendants in urban courts raises many questions.

pretrial detention

1)suspects who are considered a threat to public safety could be held in 2)the need to keep some criminal suspects in jail in order to protect society from people who are violent or who may try to escape prosecution. 3)Pretrial detention can last a long time. 4)Although most felony defendants have their cases adjudicated within six months, other felony defendants can wait more than a year 5)Pretrial detention not only imposes stresses and hardships that can reach crisis levels, but it can also affect the outcomes of cases.

Because the courts produce the outcomes in criminal cases, especially determinations of guilt and punishment

1)they are central to people's assessments of whether the justice system is too soft on offenders or unfair in its treatment of defendants.

drug courts

1)to divert substance abusers away from incarceration. 2)Specialized courts that impose drug testing and counseling requirements on substance abusers and monitor their progress instead of sending them immediately to jail or prison. 3)drug court regularly over the course of a year so that judges can monitor their progress with frequent drug tests, substance abuse counseling, and plans for education or employment - violate the conditions imposed by the judge for drug testing or counseling, then the judge can give them a regular criminal punishment, such as a jail sentence.

Local courts have long been used as a source of jobs

1)to reward people loyal to the political party in power. 2)Centralization of court administration and professionalization of court personnel would eliminate the opportunities to use court jobs in this manner.

wide-open elections

1)ultimately diminish the image and effectiveness of judges, who may begin to look more and more like partisan politicians.

When candidates' party affiliations are not listed on the ballot,

1)voters may not know which party is supporting which candidate 2)occurs most often in low-visibility elections for local trial judgeships, which do not receive the same level of media attention as do elections for state supreme court seats.

Out of 67 typical cases carried forward, 64 will end

1)will end with a guilty plea and two of the three defendants who had full trials will be convicted. 2)criminal justice system is effective in producing convictions when a prosecutor, with sufficient evidence, pursues a felony prosecution 3)the number of offenders punished is actually higher than that indicated

According to a study of felony defendants in the nation's most populous counties,

62 percent were released before disposition of their cases, 34 percent could not make bail, and 4 percent were detained without bail

adjudicator

In her role as a(n) , Judge Morales assumes a neutral stance in overseeing the contest between the prosecution and the defense, and applies the law so the rights of the accused are upheld.

negotiator

In his role as a(n) , Judge Stearns participates in discussions with prosecutors and defense attorneys regarding plea bargains and sentencing.

What is the image of the judge in the public's eye?

That judges carefully and deliberately weigh the issues in a case before making a decision. Judges embody justice and dispense it impartially.

Some claim that bail setting should be guided by six principles:

The accused is entitled to release on his or her own recognizance. Nonfinancial alternatives to bail will be used when possible. The accused will receive a full and fair hearing. Reasons will be stated for the decision. Clear and convincing evidence will be offered to support a decision. There will be a prompt and automatic review of all bail determinations. 1)Many people argue that these principles would hamper the ability of the justice system to deal with offenders and protect society. 2)Others counter that personal freedom is so precious that failure to allow a person every opportunity to gain release creates an even greater injustice.

When an arrest is made without a warrant, the police must, at the initial appearance,

present sufficient evidence to persuade the judge to continue the case against the defendant.

Only in a few small states is the court system organized on a statewide basis, with a central administration and state funding

true

The federal courts, have centralized administration and funding, although judges in each district help shape their own courts' practices and procedures.

true

Which correctly lists the three levels of state courts?

Appellate, general jurisdiction, limited jurisdiction

Which is not a goal of a unified court system?

Having courts funded by local government

People are detained in jail for many reasons. What categories of people are found in jails?

(1) Pretrial detainees for whom bail was not set or those who are too poor to pay the bail amount required, (2) people serving short sentences for misdemeanors, (3) people convicted of felonies awaiting transfer to prison, (4) people with psychological or substance abuse problems who have been swept off the streets.

"social sanitation"

1) Michael Welch calls this process, in which the police remove socially offensive people from certain areas 2) The presence of troubled people poses challenges for jail staff as well as for the detainees sharing cells with people in need of counseling, psychiatric treatment, or medications

United States v. Salerno and Cafero (1987)

1) The preventive detention provisions of the Bail Reform Act of 1984 were upheld in 2) The justices said that preventive detention was a legitimate use of government power, because it was not designed to punish the accused. 3)Instead, it deals with the problem of people who commit crimes while on bail. 4)The preventive detention provisions of the Bail Reform Act of 1984 are upheld as a legitimate use of government power designed to prevent people from committing crimes while on bail.

Bail Fund

1)An innovative program developed in New York City in 2009 is called the Bronx Freedom Fund. 2) Poor defendants who are represented by the Bronx Defenders can receive loans from the fund in order to post bail and gain pretrial release 3)The fund was created in order to prevent poor defendants from languishing in jail merely because they cannot pay a relatively small amount of money. 4)93 percent of defendants assisted by the fund returned for their court appearances.

preventive detention

1)Holding a defendant for trial, based on a judge's finding that, if the defendant were released on bail, he or she would flee or would endanger another person or the community. 2)For federal criminal cases, Congress enacted the Bail Reform Act of 1984, which authorizes preventive detention . 3)Under the act, if prosecutors recommend that a defendant be kept in jail, a federal judge holds a hearing to determine (1)if there is a serious risk that the person will flee; (2)if it is likely that the person will obstruct justice or threaten, injure, or intimidate a prospective witness or juror; or (3)if the offense is one of violence or one punishable by life imprisonment or death. On finding that one or more of these factors makes setting bail without endangering the community impossible, the judge can order the defendant held in jail until the case is completed Critics of preventive detention argue that it violates the Constitution's due process clause because the accused remains in custody until a verdict is rendered. the Supreme Court has ruled that it is constitutional.

Pretrial Detention

1)People who are not released before trial must remain in jail. 2)Often called "the ultimate ghetto, American jails hold more than 700,000 people on any one day 3)Most detainees are poor, more than half are in pretrial detention, and the rest are serving sentences (normally of less than a year) or are waiting to be moved to state prison or to another jurisdiction

Preventive Detention

1)Reforms have been suggested not only by those concerned with unfairness in the bail system but also by those concerned with stopping crime 2) nation's most populous counties found that 16 percent of felony defendants released on bail were rearrested for another crime 3)Sometimes these new arrests can arouse public concern by conveying the impression that the bail system is too lax, as when a man in Detroit was released on $10,000 bail in 2014 after being charged with attempted murder.

Because so many public mental health facilities closed in the past few decades, people with mental health problems often end up in jail.

1)They may merely engage in disruptive or self-harming behavior, but police do not necessarily have many options for where to take them. 2)The Cook County jail in Chicago has been called "the nation's largest mental hospital" because one-third of the detainees show symptoms of psychological problems that need treatment 3) Conditions in jails are often much harsher than those in prisons. 4)it is little wonder that many jail suicides and psychotic episodes occur during the first hours of detention 5)increased awareness about suicide risks in training programs and policies for jail staff have helped to reduce the frequency of this problem

Bail Guidelines

1)To deal with the problem of unequal treatment, reformers have written guidelines for setting bail. 2)guidelines specify the standards that judges should use in setting bail and also list appropriate amounts. 3)The guidelines take into account the seriousness of the offense and the defendant's prior record, in order to protect the community and ensure that released offenders can be trusted to return for court appearances.

Urban jails also contain troubled people

1)many with drug abuse and mental health problems, whom police have swept off the streets

Which of the following is not a factor in a judge's determination of the bail amount?

Admissibility of evidence gathered by the police

What positive and negative effects does the bail agent have on the justice system?

Bail agents help the system by reminding defendants about their court dates and finding them if they fail to appear. However, bail agents also may contribute to corruption and discrimination.

What methods are used to facilitate pretrial release for certain defendants?

Bail reform alternatives such as police citations, release on own recognizance (ROR), bail fund, and 10 percent cash bail.

According to the diagram, which two courts can appeal directly to the Supreme Court of the United States?

Circuit courts of appeals and appellate courts of last resort

Why would a local court want to implement a centralized court administration?

It would prevent the political party in power from using court positions as rewards.

____________ occurs when a defendant is held for trial based on a judge's finding that, if the defendant were released on bail, he or she would flee or would endanger another person or the community.

Preventive detention

How did the U.S. Supreme Court rule in cases involving preventive detention?

Preventive detention does not violate the Constitution's ban on excessive bail because such detentions are not punishment and are merely a way to protect the public.

What sources of stress do people face while in jail awaiting trial?

The stress of living with difficult and potentially dangerous cell mates; uncertainty about what will happen to their case, their families, their jobs; and their ability to contribute to preparing a defense.

The United States has a ____________________ court system, which means that it has separate federal and state court systems.

dual

Accused persons have a constitutional right to an attorney at their bail hearings.

false

The prosecution will use the pretrial period to introduce motions for lack of evidence or violation of rights.

false

The facts upholding the belief that a crime has been committed constitute ____________________.

probable cause

A court's _________ is the geographic territory or legal boundaries within which control may be exercised, or the range of the court's authority.

jurisdiction

Which is not a responsibility of judges?

making arrest

When judges work with attorneys outside of the public view, they usually take on the role of ____________________.

negotiater

Decisions about bail are based on .

the judge's views about the seriousness of the crime and the defendant's record

U.S. district courts are often referred to as ______ courts.

trial

All courts in the United States use a basic three-tiered structure.

true

If an individual cannot make bail, he will be forced to remain in jail until his case is resolved.

true

If an offense is punishable by life imprisonment or death, bail will be denied.

true

Nonpartisan selection allows the public to choose a judge from a list of candidates.

true

State courts have huge caseloads.

true

Under the 10 percent cash bail system, once the individual appears in court, he will receive all but 10% of his bail money back.

true

In the United States, the vast majority of judges have historically been

white men