Chapter 7: Courts and Adjudication

The Role of the Defense Attorney

- To be effective, defense attorneys mush have knowledge of law and procedure, skill in investigation, experience in advocacy, and in many cases relationships with prosecutors and judges that will help a defendant obtain the best possible outcome. - They ensure the prosecutor has enough evidence before establishing someones guilt. - They ensure that prosecutors and judges understand and respect the defendants rights. - Defense attorneys also provide psychological support defendants and their families.

Public Defenders

Government-salaried attorneys who handle criminal cases for defendants who are too poor to hire their own attorneys. - They focus exclusively on criminal cases and usually develop significant expertise. - They are super busy so sometimes cannot spend as much time needed on each case.

The Federal Courts

- The federal courts oversee a limited range of criminal cases. - They deal with the people who have violated the national governments laws (federal crimes) such as counterfeiting, kidnapping, smuggling, and drug trafficking. - These cases only account for a very small portion of the cases that are dealt with everyday. Most of them go through the states. - This disparity may be may only be growing wider as federal law enforcement agencies increasingly emphasize antiterrorism activities rather than traditional crime control investigation.

How to become a judge

- The quality of justice depends to a great extent on the qualities of those who make decisions about guilt and punishments. - Judges should be thoughtful, fair, and impartial because they have the power to deprive someone of their liberties.

Native American Tribal Courts

- This is another court system that operates in several states. - Native Americans have tribal courts, whose authority is endorsed by congressional statutes and Supreme Court decisions, with jurisdiction over their own people on tribal lands.

Adversarial Process

Court process, employed in the United States and other former British colonies, in which lawyers for each side represent their clients best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants. With this, judges act like referees at a sporting event. They oversee the interactions and enforce the rules without imposing their will on the presentation of evidence by attorneys.

Trial courts of general jurisdiction

Criminal courts with jurisdiction over all offenses, including felonies. In some states, these courts also hear appeals. The full range of felony cases and all other civil lawsuits are heard here.

Trial courts of limited jurisdiction

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 specific limit. Often handle lawsuits for small amounts of money and other specific kinds of cases.

What type of court system does the United States have?

Dual Court System

Counts

Each separate offense of which a person is accused in an indictment or an information.

Indictment vs. Information

Indictment: - Evidence is presented to a grand jury composed of citizens who determine whether to issue a formal charge. - Grand juries are used in the federal system and in states where legislatures have mandated their use of serious charges. Information: - In jurisdiction that do not use grand juries, the prosecutor has full control of the charging decision when the filing of an information initiates prosecution. - No body of citizens can protect a suspect from wrongful prosecution until the case goes to trial and a trial jury hears the case.

Going Rate

Local court officials' shared view of the appropriate sentence for the offense, the defendant's prior record, and other case characteristics.

Problem Solving Courts

Lower-level local courts dedicated to addressing particular social problems or troubled populations. Examples of such courts include drug courts, domestic violence courts, and mental health courts. They are speciality courts, focus on treatment and supervision, help low level criminals, judge and community involvement.

Selection of Judges

State: - Merit selection: most common, used in MD, combination of appointed and election. Federal: - Nominated by the President, confirmed by the senate. - They serve for life

Representative of the court

Such prosecutors believe that their main function is to enforce the rules of due process to ensure that the police act accordingly to the law and uphold the rights of the defendants.

Jurisdiction

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

U.S. Supreme Court

- The US Supreme Court is the last resort - Nine justices - Controls its own caseload by choosing 75 to 85 cases to hear from among the 7,000 cases submitted yearly. - It takes the vote of four justices to decide to grant a request to hear a case. - A majority vote will determine the outcome and the rule of law to be expressed in the Courts majority opinion. - Many SC decisions are unanimous, but other cases are dedicated by a narrow 4-5 vote when the justices are deeply divided. - 6 are needed to decide on a case. - Writ of certiorari: rule of four required to grant writ and review case.

Defense Attorney

The lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice.

Inquistorial process

Court process, employed in most countries of the world, in which the judge takes an active role in investigating the case and examining evidence by, for example, questioning witnesses.

Discovery

A prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial

Work Group

- A collection of individuals who interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles, all of which differentiate the group from others and facilitate cooperation. - Includes the judge, prosecutor, and defense attorney, along with the support staff (clerk, reporter, and bailiff), interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles that differentiates the group from others that facilitate cooperation.

Prosecuting Attorneys

- A legal representative of the state with sole responsibility for bringing criminal charges. In some states, this person is referred to as the district attorney, state's attorney, commonwealth attorney, or county attorney. - The vast majority of state criminal cases are handled in the 2,341 county level officers of the persecuting attorney. - They have the power to make independent decisions about which cases to pursue and what charges to file.

Merit Selection

- 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. - These attempt to diminish the influence of politics on the selection of judges and supposedly allows the the voters to upseat judges.

Intermediate level appellate court (Courts of Appeals)

- All but a few states have these

Maryland Courts Information

- All judges in MD are appointed by the governor. - Circuit court: appointed, then required to run for election after appointment, sits for 15 years. - Must retired by 70 years old.

Courts of Last Resort (State Supreme Courts)

- All states have these

Other Structure Information

- Although the basis three tiered structure is found throughout the United States, the number of courts, their names, and their specific functions vary widely. - For example, states can have specific limited jurisdiction cases (drug courts, domestic violence courts) - American trial courts are highly decentralized: local political influences and community values affects the courts especially money.

Public Defender

- An attorney employed on a full-time, salaried basis by a public or private nonprofit organization to represent indigents. - This system is growing fast and is used in the most populous cities. - It is viewed as the best system because public defenders are specialists in criminal law. They also do not sacrifice their clients cases to protect their own financial interests. However, they face their own problems like getting people to trust them because they are fully hired employees of the government.

Assigned Counsel

- An attorney in private practice assigned by a court to represent an indigent. The attorney's fee is paid by the government with jurisdiction over the case. - This system is widely used in small cities and in rural areas. - Assigned counsel systems are organized on either an ad hoc or a coordinated basis. - In ad hoc assignment systems, private attorneys tell the judge that they are willing to take the cases of indigent defendants. When an indigent requires counsel, the judge either assigns a lawyer from a prepared rotation list or chooses an attorney who is known and present in the courtroom. - In coordinated assignment systems, a court administrator oversees the appointment of counsel. - Use of ad hoc system raises questions about the loyalties of the assigned counsel.

Contract Counsel

- An attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount. - A few counties, mainly in western states that do no have large populations, use this system. - The government contracts with an attorney, a nonprofit association, or a private law firm to handle all indigent cases.

Partisan election

- An election in which candidates openly affiliated with political parties are presented to voters for selection.

nonpartisan election

- An election in which candidates party affiliation are not listed on the ballot.

Trial courts in general

- Arena in which evidence is presented, witnesses give testimony and are questioned by attorneys, and lawyers make arguments about the guilt or lack of criminal defendants. - Jury trials take place - Judges can imprison with these trials

The Prosecutors Roles

- As "lawyers" for the state, prosecutors face conflicting pressures to press charges vigorously against lawbreakers while also upholding justice and the rights of the accused. These pressures are often called "the prosecutors dilemma" - Prosecutors bias or complex (pg. 251) - Their personal values and professional goals along with the political climate of their city or county may cause them to define the prosecutors role differently than do prosecutors in other places.

Discretion of the Prosecutor

- Because they have such broad discretion, prosecutors can shape their decisions to fit different interests. - They might base their decisions on a desire to impress voters through tough "throw the book at them charges." - Decisions may also be driven by changing events in society. - They can also step from personal values and policy priorities, to please local judges. - No higher authority is telling them how to do their jobs. - If they do not have enough evidence or money, that may also change what they decide to do. - They have great freedom in deciding what charges to file as well. However, they do not have complete control over plea bargins

State Attorney General

- Chief legal officer of a state, responsible for both civil and criminal matters

Appellate Courts

- Courts that do not try criminal cases but hear appeals of decisions of lower courts. Move here if defendants claim that errors by police or the trial court contributed to their convictions - Do not have juries, nor do lawyers present evidence.

The Courtroom: How it functions

- Criminal cases throughout the nation follow similar rules and procedures. However, courts differ in the precise ways they apply them. - Culture of a community greatly influences how its members behave. - Researchers have identified a local legal culture of values and norms shared by members of a particular court community (judges, attorneys, clerks, bailiffs) about how cases should be handled and the way court officials should behave.

U.S. Circuit Courts of Appeals

- Federal - Intermediate appellate courts

U.S. District Courts

- Federal - trial courts of general jurisdiction - Reserved for felony cases or substantial lawsuits - These are where trials take place, juries, and evidence are used.

State Supreme Courts

- Monitor the decisions of lower courts within their own states by interpreting state constitutions and statutes.

Who becomes a judge?

- Most people that become judges are old white men. - Minorities make up a very small portion of the judges but this number keeps growing. - There are more women judges than other minorities and this number keeps increasing as well.

Politics and Prosecution

- Most states elect prosecutors usually for a four year term. - Local politics thus heavily influence the office. - By seeking to please voters, many prosecutors have tried to use their local office as a springboard to a higher office. - Prosecutors may choose certain cases for prosecution in order to gain the favor of voters or investigate charges against political opponents and public officials to get the publics attention. - Discretion is decision making also creates the risk of discrimination.

United States Attorneys

- Officials responsible for the prosecution of crimes that violate the laws of the United States. Appointed by the president and assigned to a U.S. district court jurisdiction. - Federal cases are prosecuted by these. - One US attorney and a staff of assistant US attorneys prosecute cases in each of the 94 US districts courts.

The Prosecutor's Influence

- Prosecutors are involved at multiple stages in the CJS and can therefore exert great influence through the use of their broad discretion in decision making. - From arrest to final disposition of a case, prosecutors can make choices that largely determine the defendants fate. - Throughout the justice system process, prosectors links with the other actors in the system- the police, defense attorneys, judges, shape the prosecutors decisions. - Prosecutors gain additional power from the fact that their decisions and actions take place away from the view of the public.

Prosecutors Decision Making Policies

- Prosecutors have the discretion to develop their own policies on how cases will be handled. - For example, prosecutors who wish to maintain a high conviction rate will drop cases with weak evidence. Others, concerned about using limited resources effectively, will focus most of their time and energy on the most serious cases. - The policies they develop shape the decisions made by the assistant prosecutors and thus greatly affect the administration of justice.

What are the three main goals of defense attorneys?

- Protect constitutional rights - Keep the prosecution honest in preparing and presenting cases - Prevent innocent people from being convicted

Maryland Indigent Counsel

- Public defenders - MD highest courts granted counsel to indigent defendants at all bail hearings - Presents issue of cost and availability of attorneys

6th Amendment and Counsel

- The Supreme Court has interpreted the right to counsel in this amendment of the constitution as requiring that the government provide attorneys for indigent defendants who face the possibility of going to prison or jail.

nolle prosequi

An entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed.

What are the three groups of private practice lawyers?

1. Composed of nationally known attorneys who charge large fees in highly publicized cases. 2. Found in every large city, is composed of the lawyers of choice for defendants who can afford to pay high fees. These people make nice incomes by representing white collar criminals, drug dealers, and affluent people charged with crimes. 3. Attorney's in full time criminal practice is composed of courthouse regulars who accept many cases for small fees and who participate daily in the criminal justice system as either retained or assigned counsel. These attorneys handle a large volume of cases quickly. They negotiate guilty pleas and try to convince their clients that these agreements are beneficial. They depend on the cooperation of prosecutors, judges, and other courtroom actors, with whom they form exchange relationships in order to reach plea bargains quickly. Many private attorneys who are neither defense specialists nor courthouse regulars sometimes take criminal cases. These attorneys often have little trial experience and lack well developed relationships with other actors in the CJS.

What are judges three major roles?

1. Adjudicator: Judges must assume a neutral stance in overseeing the contest between the prosecution and defense. Judges must follow the law but also have some of their own discretion. 2. Negotiator: A lot of what they do happens in their own private chambers. These decisions come about through negotiations between prosecutors and defense attorneys about plea bargins, sentencing, and bail conditions. The judge may act as a referee between these two people. 3. Administrator: They may also direct the people who keep the records, schedule cases, and do the many other jobs that keep the system functioning. They may also manage labor relations, budgeting, as well as maintenance of the courthouse building. Some think that they are also problem solvers, but some are skeptical to give them this name.

Maryland Courts Order

1. District Courts (limited jurisdiction, misdemeanors) 2. Circuit Courts (General jurisdiction, felonies) 3. Court of Special Appeals 4. Court of Appeals- highest courts in MD

Federal Court System

1. District courts (other names include circuit, superior) 2. Circuit courts of appeals 3. Supreme Court of the United States

The local legal culture influences court operations in 3 ways:

1. Norms help participants distinguish between "our" court and other courts. 2. Norms tell members of a court community how they should treat one another. 3. Norms describe how cases should be processed. The best example of such is the going rate. The local legal culture also includes attitudes on such issues as whether a judge should take part in plea negotiations when continuances should be granted and which defendants qualify for a public defender.

What are the five methods used to select state trial court judges?

1. Partisan election 2. Nonpartisan election 3. Gubernatorial appointment 4. Legislative selection 5. Merit selection - Selection by public voting occurs in more than half the states and has long been part of this nations tradition. This helps to make sure that judges remain connected to the community. - Elections for lower court judgeships tend to be low key contests marked by little controversy. - Elections for seats on state supreme courts receive statewide attention. - Some states have tried to reduce the influence of political parties in the selection of judges while still allowing voters to select judges. - Public opinion data show that Americans express concern about political influence.

What are the three main ways of providing counsel to indigent defendants?

1. The assigned counsel system 2. The contract counsel system 3. Public defender programs Some states have Statewide, centrally administered public defender systems and some have county based systems for indigent defense. States that permit counties to choose their own methods for providing attorneys may have all three forms of counsel represented within their states.

When prosecutors are asked about their roles in the criminal justice process, the following four functions are often mentioned...

1. Trial counsel for the police 2. House counsel for the police 3. Representative of the court 4. Elected official

What are the three main levels of courts on both the federal and state level?

1. Trial courts of limited jurisdiction 2. Trial courts of general jurisdiction 3. Appellate courts

State Court System

1. Trial courts of limited jurisdiction (include municipal, county, and state jurisdiction; variously called circuit, municipal, justice, district, or magistrate courts) 2. Trial courts of general jurisdiction (variously called district, superior, or circuit courts) 3. Intermediate Courts of Appeals 4. Appellate court of last resort (usually called supreme court)

Continuance

An adjournment of a scheduled case until a later date.

Local Legal Culture

Norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process.

Prosecutor vs. Defense Attorney

Prosecutor: - they have a lot of discretion over a case - discovery: process of sharing the evidence you have with the defense, if they don't share it, it could work against them. - Nolle prosequi: prosecutors decision to stop prosecuting them/ no evidence - Offer plea bargains, set the charges, they are the bridge between the police and the courts, recommends the sentence, recommends the bail. Defense Counsel: - Represents accused/convicted offenders - Indigent defendants: assigned counsel, contract counsel, public defender -Can call for recess, confidentiality, they make sure the victim rights are not violated.

Key Relationships of the Prosecutor

Prosecutors do not base their decisions solely on formal policies and role conceptions. Relationships with other actors in the CJS also influence their choices. 1. Police: Prosecutors depend on the police to provide both the suspects and the evidence needed to convict lawbreakers. Because they cannot investigate crimes on their own, prosecutors are not in command of the types of cases brought to them. Thus, the police has the power over this. 2. Victims and Witnesses: Prosecutors depend on the cooperation of victims and witnesses. Many prosecutors will not do so without these two because they are a key testimony and other necessary evidence must come from a victim who is unwilling to cooperate. The decision is also sometimes based on an assessment of the victims role in his or her own victimization and the victims credibility as a victim. For example, if the victim does not look too good, this could make them look less credible to the judges eye. 3. Judges and Courts: The sentencing history of each judge gives prosecutors an idea of how a case might be treated in the courtroom. They may decide to drop a case if they believe that the judge assigned to it will not impose a serious punishment. 4. The community: Public opinion and the media can play a role in creating an environment that either supports or scrutinizes a prosecutor. They could lose an election if people do not support them. Thats why many cities are experimenting with innovations designed to enhance communication and understanding between prosecutors and the community. A relationship between the two could help build relationships that will help them gather information and identify witnesses when crime occur.

Trial Counsel of the police

Prosecutors who see their main function in this light believe that they should reflect the views of law enforcement in the courtroom and take a crime fighter stance in public.

What are the three main functions of the courts?

The Courts serve many important functions for society including: 1. Norm enforcement: When courts focus on criminal matters, through bail hearings, preliminary hearings, plea bargaining, and trials, they are serving a norm enforcement function for society. Courts play a central role in enforcing society's rules and standards for behavior- a function that contributes to peace and stability in society. 2. Dispute Processing: When people disagree about contracts, money, property, and personal injuries in ways that they cannot resolve on their own, they file lawsuits seeking government intervention on their behalf. In the criminal justice system, the dispute processing function plays a significant role when people file lawsuits against the police officers or correctional officials for violating constitutional rights. As a result of such lawsuits, judges may order prisons to change their procedures or order police officers or their departments to pay thousands of dollars to compensate a citizen for an erroneous arrest or such. 3. Policy Making: Especially the highest courts such as the state supreme courts and the U.S. Supreme Court. When judges interpret the US constitution or other forms of law and thereby define the rights of individuals, they are simultaneously telling police officers, correctional officers, and other officials what they can and cannot do. Such decisions make policies on what can and cannot be done.

Accusatory Process

The series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information) with the court.

House counsel for the police

These prosecutors believe that their main function is to give legal advice so that arrests will stand up in court

Elected officials

These prosecutors may be most responsive to public opinion. The political impact of their decisions is one of their main concerns.

What are indigent defendants?

Those who are too poor to afford their own lawyers. The courts has required that attorneys be provided early in the criminal justice process to protect suspects rights during questioning and pretrial proceedings. The portion of defendants who are provided with counsel because they are indigent has increased greatly in the past three decades. The quality of counsel given to indigent defendants has spurred debates. This is because they are overloaded with a ton of cases and budget cuts have made it so they may not have time or money to do the best job they can do on each person. It is very dependent on money available.