Exam 2 Module 4 Ch 9

Fifth Amendment requires grandy jury indictment for all federal criminal charges

"Long-term" grand juries will be impaneled for federal cases involving complex and long-term investigations (such organized crime, drug conspiracies, or political corruption)

Delay (trial)

An attempt (usually by defense counsel) to have a criminal trial continued until a later date

Writ of certiorari

An order from a higher court directing a lower court to send the record of a case for review Court considers requests for writ of certiorari according to the rule of four

Pretrial motions/processes

Any number of motions filed by prosecutors and defense attorneys prior to trial Examples of use → to quash evidence, change venue, conduct discovery, challenge a search or seizure, raise doubts about expert witnesses, or exclude a defendant's confession May be filed with the court prior to the trial in order to be better positioned for trial

Adjudication Phase

Arraignment Plea negotiation or bargaining Diversion program/problem solving courts Jury trial Pretrial motions/processes Discovery

3. Motion to dismiss

As a formality, at this point during criminal trials, defense will often make motion to dismiss all charges → Arguing that state has not proved its case so there is no need for the defense to put on its case Request generally denied by judge, opening way for defense case

District court judges

Assisted by elaborate supporting cast - Clerks, secretaries, law clerks, court reporters, probations officers, pretrial services officers, U.S. marshals - Larger districts also have public defender Work significantly assisted by 352 bankruptcy judges (appointed for 14 year terms by court of appeal in which district is located)

Jurisdiction

Authority of a court to hear a particular type of case, based on geography (city, state, or federal) and subject matter (e.g. criminal, civil, probate) - Set forth in state and federal law - Courts hear only cases that fall under their jurisdiction and authority

Pretrial process

Events that occur prior to the trial itself CJ process engaged when one is arrested - Following = proceed through steps below

Rule of four

If four justices decide to review a case ("grant cert"), the Court will hear the case

9. Post Trial positions - Sentencing - Punishments

If jury delivers guilty verdict, defense will usually ask judge to override the jury's decision and acquit defendant or grant him/her a new trial - Motion almost always denied SENTENCING - If defendant convicted of crime(s), sentencing will be determined by judge immediately after verdict is read or at later court date - Arriving at sentence → judge generally orders presentence investigation report (PSI) by probation/court services personnel ***PSI looks at history of person convicted, any extenuating circumstances, review of criminal record, and review of specific facts of crime ***Person/agency preparing PSI makes recommendation to court about type and severity of sentence ***Judge may be limited by federal and state sentencing guidelines (Some crimes carry mandatory minimum testing requirement while others may be based largely discretion of judge) PUNISHMENTS - After conviction, and upon receiving PSI or using sentencing guidelines, judge may opt for one of the following punishments: ***Incarceration ***Probation ***Fines ***Restitution ***Community service

U.S. attorney (Federal prosecutor)

Important actor at district court level One U.S attorney in each district

Eighth Amendment

In BOR, contains the protection against excessive bail and fines, as well as cruel and unusual punishment

Federal Magistrates

Have jurisdiction over minor federal misdemeanor offenses, but they also issue arrest/search warrants to federal law enforcement officers (ex. FBI and DEA), conduct preliminary hearings, and set bail for defendants being released until trial Make recommendations to district judges Appointed by district court judges; 8 year term

Jury selection process

Most states → Questionnaire mailed to people to determine who is qualified to serve - Names obtained from voter, taxpayer, driver, or other lists - Certain exemptions given to specific groups Those qualified to serve sent summons to appear and form jury pool Smaller number of prospective jurors selected from jury pool for voir dire ("to speak the truth")

Jury instructions

Judge gives jury its preliminary instructions (emphasizing that defendant is presumed innocent until proven guilty)

Criteria used to decide if case requires action

1. Does the case concern an issue of constitutional or legal importance? 2. Does it fall within the Court's jurisdiction (Court can hear only cases that are mandated by Congress or the Constitution)? 3. Does the party bringing a case have standing -- a strong vested interest in the issues raised in the case and in its outcome? Court hears only tiny fraction of thousands of petitions that come before it - Decline to hear case → Decision of lower court stands as final word Caseload has increased over time (today 7000-8000 cases on docket per term → opinions delivered in about 70-80 cases)

Pattern of trial process after preliminary instructions:

1. Opening statements (present core arguments) 2. Prosecution's case 3. Motion to dismiss 4. Defense's case 5. Prosecution rebuttal 6. Closing arguments 7. Jury instructions 8. Jury deliberations and verdict 9. Post Trial positions - Sentencing - Punishments 10. Appeal

What types of defendants are detained and is the process truly fair?

2015 research study → Found that bail decision is unfairly affected poor and racial minorities - African American defendants being detained 4x more often than whites - 75% of people held in pretrial detention are there for nonviolent offenses ***Cannot afford bail so they are incarcerated in county jails until their cases are resolved - 65% of jail populations = unconvicted defendants awaiting trial

Standing

A legal doctrine requiring that one must not be a party to a lawsuit unless he/she has a personal stake in its outcome

Causation

A link between one's act and the injurious act/crime, such as one tossing a match in a forest and igniting a deadly fire - Necessary element in holding someone criminally responsible for a death

Technologies in the Courts

ACHIEVING PAPER ON DEMAND - Major goal for all courts in US = Go "paper on demand" (POD) ***POD = environment in which the routine use of paper no longer exists in general ***Paper documents may be used for court business only rarely, and as a last resort ***Ultimate goal = no more lost files, all receipts issued electronically, all police citations issued electronically, all filing formats and forms standardized, all judges use POD, and no more folders in the courtroom - Electronic case filing ***Allows courts to realize dramatic increases in efficiency and reductions in related costs—in clerical staff alone ***Enables some court services—such as the payment of fines and fees, collection of fines and penalties, provision of case information and documents to the public, and jury management—to be centralized/regionalized for improved efficiency and service ***Enables a court to better distribute its workload across system EMERGING TECHNOLOGIES - Digital recording ***Replacing court stenographers with digital audio or video recording equipment ***Significant savings can be realized - Conducting hearings via videoconferencing ***Has improved rapidly in cost and quality over past few years ***Prices for basic capabilities have been reduced considerably ***Quality of networks has improved steadily - Use of tablets and apps to present evidence ***Federal Judicial Center highlights Chambers Online Automation Training (COAT) program ***Program provides online training modules to teach judges and other court staff how to use court technology effectively ***Proliferation and relatively low cost of tablet devices changing way in which attorneys present evidence in courtroom - Annotation monitors ***Allow witnesses to mark an exhibit with notations ***Marked exhibits can be preserved for later viewing during jury deliberations ***Systems are being replaced by tablet devices with annotation capabilities - Evidence cameras ***During in-court proceedings, evidence cameras can instantaneously convert paper documents or physical exhibits to electronic images for monitor display. ***Can enlarge small physical items for all courtroom participants to see

Purpose Of The Criminal Court

According to Edwards and Travis (2019), basic dispute addressed in criminal courts is that between the need to control criminal behavior and the desire to protect individual rights and liberties Three main area of the process - Pretrial processes - Adjudication phase - Trial process

Policy making

Act of creating laws or setting standards to govern the activities of government; choosing among alternative choices of action - SCOTUS, for example, has engaged in policy making in several areas, such as affirmative action, voting, and freedom of commutation and expression Cases in which courts make policy determinations usually involve government, the Fourteenth Amendment, and the need for equity

10. Appeal

After conviction, defendant may challenge outcome Potential grounds for appeal in criminal case: - Legal error (e.g., improperly admitted evidence, improper jury instructions) - Juror misconduct - Ineffective counsel - Lack of sufficient evidence to support a guilty verdict If error affected outcome of case → appeal granted - Conviction overturned - In some instances, case is remanded back to trial court and a retrial is ordered ( prosecutor may choose to drop charges if facing a retrial without key evidence, for example) If appeals court finds that error(s) would not have affected outcome → errors considered harmless and appeal is denied For the first appeal, SCOTUS has said that if person convicted is indigent, then free, appointed counsel must be provided - However, the Court ruled later that, after losing the initial appeal, convicted person is not entitled to free appointed counsel for any subsequent appeals

Several ways to make bail

All attempt to ensure that accused will later appear in court Most require financial commitment from defendants or their family/friends Methods - Cash - Bond ***Basically insurance policy defendant buys insuring their appearance - "Make bail" directly with some courts - In some jurisdictions defendant will have to get bond through bail bond company (typically requires non refundable payment of 10% of bail amount) Failure to appear in court → court issues warrant for defendant's arrest and that person loses any money posted with the court

Trial process

All of the steps in the adjudicatory process, from indictment or charge to conviction or acquittal

Grand jurors not screened for biases or other improper factors (unlike potential jurors in regular trials)

Although, in most jurisdictions, grand jurors drawn from same pool of potential jurors as are any other jury panels

Grand jury

Body that hears evidence and determines probable cause regarding crimes and can return formal charges against suspects; use, size, and functions vary among states Primary function = review evidence presented by prosecutor and determine whether there is probable cause to return an indictment - Grand jury issues an "indictment" (formal charge) and trial (or plea bargaining) will ensue - Grand jury refuses to return indictment ***Prosecutor can try again (double jeopardy does not apply to grand jury proceeding) Can consist of 5-23 people Charging function and investigative powers (can compel evidence/testimony as it considers appropriate) Although all states have some form of grand jury, only about half of all states use grand juries routinely to bring formal charges, rather than relying solely on a prosecutor's decision

6. Closing arguments

Both sides review evidence so that it is clear to jury before they begin deliberations - Prosecution will offer reasons why evidence proves defendant's guilt, and defense will explain why defendant should be acquitted. - NOT time for prosecutor to offer personal opinion, make inflammatory or discriminatory remarks, or comment on defendant's failure to testify ***Such misconduct may result in a reversal of a conviction on appeal Order of closing arguments varies by jurisdiction

Denial of bail (pretrial detention) = Devastating

Can provide prosecutors and police better access to defendant for continued questioning and investigations

Several forms of plea bargaining

Charge bargaining = offering to plead guilty to a lesser offense than the one charged, this hoping for a lighter sentence Count bargaining = pleading guilty to a fraction of the charge counts and having remaining counts thrown out Negotiating how the defendant will serve imposed sentence (ex. concurrently serving two five-year terms or consecutively serving)

Each circuit

Chief judge - Chosen by seniority or on rotating basis - Has supervisory responsibilities Staff positions aid judges in conducting work of courts of appeals - Circuit executive ***Assists chief judge in administering circuit - Clerk's office ***Maintains records - Three law clerks Deciding cases - May use rotating three-judge panels - May decide by majority vote (all judges in circuit may sit together to decide case or reconsider panel's decision) ***En banc hearing (rare)

Administration (SCOTUS)

Chief justice - Orders business of SCOTUS - Administers oath of office to president and VP upon their inaugurations - Empowered to preside over the Senate in the event that it sits as a court to try an impeachment of the president (Article I, Section 3 of Constitution) Clerk of the court Court - SCOTUS' chief administrative officer - Supervises staff of 30 under guidance of chief justice Marshal of the court = supervises all building operations Report of decisions = oversees printing and publication of Court's decisions Other key personnel → librarian and public information officer Each justice entitled to hire four law clerks

State court system (three-tiered system)

Civil/criminal courts in which cases are decided through an adversarial process; typically including a court of last resort, an appellate court, trial courts, and lower courts - Inherited directly from the Crown of England 1. Lowest level = Trial courts of limited jurisdiction - Aka inferior courts, lower courts; district, justice, justice of the peace, city, magistrate, or municipal courts 2. State trial courts of general jurisdiction = Major trial courts - Aka district, circuit, and superior courts 3. State appellate courts - Intermediate court of appeals - Court of last resort = State supreme court

Booking

Clerical procedure that occurs after an arrestee is taken to jail, during which a record is made of his/name, address, charge(s), arresting officers, and time and place of arrest Usually involves taking suspect to police station/sheriff's office - May be fingerprinted, photographed, questioned, read rights - Possibly given bail amount that must be paid to gain release until next stage in process Meanwhile, prosecutor sent copy of offense report written by police - Will consider whether or not enough probable cause exists to believe the suspect committed the offense

State trial courts of general jurisdiction = Major trial courts

Common names - District, circuit, superior ~2,000 major state trial courts (staffed by > 11,000 judges) Operate under rules of evidence as established by procedural law Each court has own support staff (clerk of the court, bailiff, and others) Trial courts of general jurisdiction grouped with judicial districts or circuits - Rural areas ***Districts/circuits encompass several adjoining counties Larger counties ***One circuit or district for the area, and the judges are often specialists assigned to hear only certain types of cases Most serious criminal violations heard in trial courts of general jurisdiction Although overburdened with heavy case filings, most criminal cases do not go to trial - Dominant issue NOT guilt/innocence, but what penalty to apply to someone who has entered guilty plea through plea bargaining Speciality courts and problem-solving courts (such as drug, family, mental health, veterans, domestic violence courts) have become more common - Use to divert criminal defendants into treatment programs rather than jail or prison Caseloads declining in state criminal trial courts in the US (as crime in general decreases)

Bail hearing

Conducted (usually as part of initial appearance) to ensure fair decision-making process Judge must consider variety of factors - Risk that defendant will flee before trial - Defendant's criminal record - Seriousness of the charge(s) - Safety of the community

U.S. Supreme Court

Court of last resort in US, also highest appellate court; it consists of nine justices who are appointed for life Ultimate jurisdiction over... - All federal courts - State courts in cases involving issues of federal law Final interpreter of federal constitutional law - Ultimate decision maker in interpreting Constitution, acts of legislative bodies, and treaties Largely an appellate court but has jurisdiction to hear some cases first Only federal court established by constitutional mandate rather than federal legislation

Introduction

Courts have existed in some form for thousands of years Court system has survived dark eras of Inquisition and the Star Chamber - Enforced unpopular political policies in England during the 1500s/1600s and, without a jury or public view, meted out severe punishment, including whipping, branding, and mutilation) U.S. court system developed rapidly after American Revolution and led to establishment of law and justice on western frontier

General jurisdiction

Courts have legal authority to decide all matters not specifically delegated by state law to the lower courts of limited jurisdiction

Arraignment

Criminal court proceeding during which a formally charged defendant is informed of the charges and asked to enter a plea of guilty or not guilty Formally charged → Accused again advised of rights → Accused asked to enter formal plea Pleas - Not guilty ***Defendant claims innocence and is forcing state to prove its case at trial ***Trial must occur unless plea bargaining takes place - Not guilty by reason of some defense - Guilty ***Relieves state of burden and defendant is convicted without trial - No contest (nolo contendere) ***Allows defendant to plead guilty for purposes of avoiding trial, but the plea cannot be used against him/her later in a civil case (b/c technically he/she has not admitted guilt) ***Court must always approve this plea - Stand silent (judge will enter not-guilty plea on their behalf)

13 geographic areas where these courts are seated and over which they exercise jurisdiction (Circuit courts)

DC Circuit sitting in Washington, DC Federal Circuit First Circuit sitting in Boston - Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island Second sitting in NY City - Connecticut, New York, Vermont Third sitting in Philadelphia - Delaware, New Jersey, Pennsylvania, Virgin Islands Fourth sitting in Richmond - Maryland, North Carolina, South Carolina, Virginia Fifth sitting in New Orleans - Louisiana, Mississippi, Texas Sixth sitting in Cincinnati - Kentucky, Michigan, Ohio, Tennessee Seventh sitting in Chicago - Illinois, Indiana, Wisconsin Eighth sitting in St. Louis - Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota Ninth sitting in San Francisco - Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, Washington Tenth sitting in Denver - Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming Eleventh sitting in Atlanta - Alabama, Florida, Georgia

Bail decision affects...

Defendants Already-crowded jails CJ professionals tasked with keeping jail populations secure

Plea negotiations allow prosecutor and defense to arrive at some middle ground of what experience has shown to be "justice"

Defense does not have to run risk of heavy punishment for defendant Government does not have to devote many days to trial (with the risk of the defendant being acquitted)

4. Defense's case

Defense presents its main case through direct examination of its chosen witnesses - Prosecution given opportunity to cross-examine defense witnesses - During redirect, defense may reexamine its witnesses Defendant cannot be compelled to testify against themself but has right to testify in own defense if so desired Defense rests B/c presumed innocent until proven guilty → defense not required to put on a case at all - Defense can simply rest if it does not have good evidence or bases for cross-examination of state's witnesses - Jury/judge will have to decide if state has proven its case beyond a reasonable doubt

Two types: Direct and Circumstantial

Direct evidence = directly links defendant to the crime Circumstantial evidence = requires jury to make an inference about the defendant's involvement in a crime

Diversion Programs/Problem-Solving Courts

Diversion program = sentencing alternative that removes a case from the CJ system, typically to move a defendant into another treatment program or modality Increasing number of criminal cases in overburdened courts & high recidivism (reoffending) rate → Alternative courts and diversion programs - Drug courts, mental health courts, veterans courts, even some courts dedicated to offenders with gambling addictions - "Problem-solving" courts allow eligible defendants (typically first-time, nonviolent offenders) to move their cases to a court where specialized court professionals (prosecutors, defense attorneys, judges, social workers, physicians, and treatment professionals) can better address the unique features of these defendants and their cases - Operate to divert low-risk offenders out of CJ system

SCOTUS divides (allocates) its time into 4 separate but related activities

Does not meet continuously in formal sessions during 9 month term 1. Reading through the thousands of petitions for review of cases that come annually to the Court - Usually during the summer and when Court is not sitting to hear cases 2. Oral arguments - Live discussion in which lawyers for both sides present their client's positions to the justices 3. Private discussions of how each justice will vote on the cases they have just heard - Occurs during weeks of oral arguments - Time allowed for justices to discuss additional cases to hear 4. Writing opinions

Model for specialty courts

Fairly similar across jurisdictions utilizing either pre-plea or post-plea process - Pre-plea ***Defendant demonstrates eligibility for court's services and is not required to plead guilty but is diverted to specialty court's program - Post-plea ***Defendant diverted to court's program after an initial guilty plea Both models → defendants given opportunity to complete program to treat problems that landed them in criminal trouble in the first place - Examples ***Drug rehabilitation for the drug offender ***Mental health counseling/medication for the mentally ill offender ***Specialized debriefing/counseling for military veterans (most of whom are suffering from posttraumatic stress disorder (PTSD) and other postcombat issues) - If defendant successfully completes court-ordered "program", charges dropped (for pre-plea case) or guilty plea vacated (in post-plea case) - If defendant fails to carry out end of court agreement, state can pursue original criminal charges and defendant will risk conviction and possible jail/prison sentence Research indicates many of these courts (drug courts in particular) are succeeding in providing treatment and reducing recidivism - Long-term effects of such programs appear to be promising as well (lasting positive effects)

Dual Court System

Federal and state courts in separate but similar fashion Dual Court System - National system of federal courts and state court systems - Operate under different constitutions and laws - Jurisdiction State Courts - Each state has right to create own CJ (and judicial) systems - Differences in number of courts, names of courts, and jurisdiction of those courts - Each state has own unique court structure, but for most part they parallel federal court structure

Federal system → Witness cannot have their lawyer present in grand jury room (although witnesses may interrupt testimony and leave grand jury room to consult with lawyer)

Few states allow lawyer to accompany witness Witness who refuses to appear before grand jury risks being held in contempt of the court No judge present in grand jury room when testimony is being taken

Initial appearance

Formal proceeding during which the accused is read his/her rights and informed of the charges and amount of bail required to secure pretrial release Generally occurs within 48 hours Judge - Gives defendant formal notice of charge(s) - Advises suspect of his/her rights (including right to government-provided attorney if defendant cannot afford one) ***Appointed legal counsel if cannot afford to hire attorney - Sets bail in appropriate cases - Performs cursory review of evidence ***Establish if probable cause exists for police to have made an arrest ***If he/she does not believe such evidence established probable cause that defendant may have committed the crime charged, case will be dismissed Defendants typically do not enter plea at this stage - B/c they have not yet been appointed an attorney (so they have not had change to consult anyone about their case)

Judges and Advocacy

Formed in 1790 - SCOTUS and federal courts have their basis in Article III, Section 1 of Constitution ***"...the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish" - Each new term, by statute, begins on first Monday in October Nine justices - One chief justice (current = John Roberts) and eight associate judges - Nominated by president and confirmed by Senate ***Analyze nominee's party ideology and qualification ***Influenced by interest groups ***Liberal justices v. Conservative justices - Serve for life Lawyers who wish to advocate a cause before SCOTUS must secure admission to the Supreme Court bar - Applicants must submit application form that requires... ***Applicants to have been admitted to practice in the highest court of their state for a period of at least three years ***Not been subject to any adverse disciplinary action during that time ^ ***Must appear to the court to be of good moral and professional character - Applicants must swear/affirm to act "uprightly and according to law, and... support the Constitution of the US"

Eventual fear over power/tyranny

Founders of new republic had profound concerns about distribution of power between courts and legislatures & between states and federal government Coming from experience living under English rule → feared tyranny that could flow from concentration of governmental power Living with problems associated with weak centralized government

Federal court system (four-tiered system)

Four-tiered federal system that includes the Supreme Court, circuit courts of appeal, district courts, and magistrate courts 1. Federal trial courts = U.S. district courts 2. Circuit courts = intermediate courts of appeals in federal system - U.S. Court of Appeals - U.S. Court of Appeals for the Federal Circuit 3. Magistrate courts 4. U.S. Supreme Court

Defendant and government benefit from plea bargaining

Great pressure to resolve cases out of court (since criminal court dockets are overburdened and state simply cannot take every case to trial) Prosecutor "wins" conviction while reducing time, money, and uncertainty involving taking case to trial - Since jury could acquit b/c defense produces unanticipated evidence or witnesses Eases burden on witnesses and prospective jurors Can reduce overcrowding of jails (by more quickly funneling offenders out of pretrial detention and into prisons or some form of community corrections)

Prosecutor can obtain subpoena to compel anyone to testify before grand jury (without showing probable cause)

In most jurisdictions without even showing that the person subpoenaed is likely to have relevant information

Unanimous verdict by jury NOT required by U.S. Constitution or SCOTUS

In some states, majority of votes from jurors will support a verdict

7. Jury instructions

Judge's instructions to jury = important - If improper, may later be grounds for a reversal and new trial "Charging the jury" - Judge will explain the law that is applicable to that particular criminal case and possible verdicts - Typically include general comments concerning: ***Presumption of the defendant's innocence ***Guilt be proved beyond a reasonable doubt ***Jury may not draw inferences from the fact that defendant did not testify in his or her own behalf 48 states have standardized instructions

Nation's courts have had a heavy impact in prisons

Judicial intervention has... - Extended to prisoners the recognition of the constitutional rights of free speech, religions, and due process - Abolished the South's plantation model of prisons - Accelerated the professionalization of US correctional managers - Encouraged a new generation of correctional administrators more amenable to reform - Reinforced the adoption of national standards for prisons - Promoted increased accountability and efficiency of prisons Recent judicial decisions have ordered reductions in the numbers of inmates housed in correctional facilities - Brown v. Plata (2011)

8. Jury deliberations and verdict

Jury will deliberate for as long as it takes to reach a verdict - Most states = unanimous agreement must be met for verdict to be reached ***Unanimous verdict NOT required by the Constitution Jury determines verdict (guilty/not guilty for each crime in question) → Verdict will be read to the court - Jury may convict defendant of some charges while acquitting him/her of others Judge/either side may "poll the jury" - "Poll the jury" = asking all jurors individual if the verdict as read is theirs ***If not unanimous, jury may be returned to its room to deliberate again or be discharged Jury acquits defendant = case over - Prosecutor cannot appeal acquittal because Fifth Amendment protects against double jeopardy Different options - Guilt - Acquittal (not guilty) - Jury nullification ***Jury returns a Not Guilty verdict even though jurors believe beyond reasonable doubt that the defendant has broken the law ***B/c jurors either: a. Disagree with the law under which the defendant is prosecuted b. Believe that the law shouldn't be applied in the case at hand - Hung jury ***Cannot agree on a decision ***Common reason for judge to declare a mistrial Mistrial - Can occur anytime during trial - Common reasons ***Improperly admitted evidence ***Death/illness of juror or attorney ***Jury misconduct ***Significant prejudicial error that cannot be overcome

Jury Selection

Jury: fact finders of the trial 1. Create venire (individuals compiled from assortment of sources) - Venire: list of potential jurors - Most jurisdictions' requirements = at least 18, residents, US citizen, proficient in English, not been convicted of particular crime - Challenges to the array ***Challenge venire in total (argue panel should be discarded b/c of deficiency or illegality in the method in which the panel was selected) 2. Jury summons sent out 3. Voir dire - Prospective jurors questioned in court under oath from judge, prosecutor, and defense on their suitability for the jury - Challenges to remove potential jurors ***Challenge for cause (strike for cause) ***Peremptory challenge Challenge for cause (strike for cause) - Either attorney believes potential juror is unable to fair or impartial - No limit to number of challenges for cause made by either counsel Peremptory challenge - Attorneys not required to offer legal reason for removing prospective juror from the jury - Both sides limited in number of peremptory challenge Examples ***Federal capital cases → each side limited to 20 ***Lower federal cases → may be given three each

Speedy Trial Act of 1974

Later amended, a law originally enacted to ensure compliance with the Sixth Amendment's provision for a speedy trial by requiring that a federal case be brought to trial no more than 100 days following the arrest Enacted by Congress to address questions at federal level → What does "speedy trial" mean in practice and how does appellate court know if the right has been denied? Act mandates 30 day limit from point of arrest to indictment and 70 days from indictment to trial - Federal prosecutors have total of 100 days from time of arrest until trial

Organizational structure for District Court Serving 30,000 people

Layer 1 - District Court Judges (supported by Judges' Law Clerks and Judges' Secretaries) Layer 2 - Court Administrator (reports directly to District Court Judges) Layer 3 - Departments Layer 4 - Offices that report to a department/division

Adversarial system

Legal system wherein there is a contest between two opposing sides, with a judge (and possible jury) sitting as an impartial arbiter, seeking truth Uses several means to get at the truth - Evidence tested through cross-examination of witnesses - Power lodged with several different people - Each courtroom actor granted limited powers to counteract those of others (examples listed below) ***Judge is biased/unfair → jury can disregard the judge and reach a fair verdict ***Judge believes jury has acted improperly → judge can set aside jury's verdict and order a new trial ***Prosecuting and defense attorneys have certain rights and authority under each state's constitution Series of checks and balances aimed at curbing misuse of criminal courts

Barker v. Wingo = SCOTUS established following test for unnecessary delay

Length of delay - Delay of one year or more from date of arrest/indictment (whichever occurs first) termed "presumptively prejudicial" - However, SCOTUS has never explicitly ruled that any absolute time limit applies Reason for the delay - Prosecution may not excessively delay trial for its own advantage - Trial may be delayed for good reason (such as to secure presence of key witness) Time and manner in which the defendant has asserted his/her right - If defendant agrees to delay when it works to his/her benefit, he/she cannot later claim that he/she has been unduly delayed Degree of prejudice to the defendant that the delay has caused - Delays can affect evidence and impair the defense (ex. Witnesses might die/move away, memories fade, records/evidence lost or destroyed)

Our courts organized along state and federal lines and then further along subject matter lines

Lower end = Limited-jurisdiction state trial courts (handle traffic cases, misdemeanors, juvenile matters, etc.) Highest level = SCOTUS (hear limited number of appeals on federal and constitutional legal issues)

Judgment made public in written opinion

Majority opinion - Binding by the majority of justices Concurring opinion - Court agrees with outcome of the majority but has a different reasoning for the decision Dissenting opinion - Justice who disagrees with the majority decision Per curiam opinion - Courts agree with part of lower court's ruling but disagrees with another part

Circuit courts

Much like state court system, federal system provides intermediate courts of appeals - Circuit courts = intermediate between US district courts and US Supreme Court Originally courts wherein judges traveled a circuit to hear appeals; NOW courts with several counties/districts in their jurisdiction; the federal court system contains 11 circuit courts of appeals (plus DC and territories) which hear appeals from district courts Hears - 1. Appeals from US district courts located within its circuit - 2. Appeals from decisions of federal administrative agencies Receive ~28,000 appellate filings annually Very often last word on legal issues since SCOTUS hears so few cases - US circuit court decisions have great impact in setting legal precedent and in shaping the law for the many people who line within a circuit court's geographic jurisdiction

Colonial Courts: An Overview

Nation's colonial courts began modestly - As populations of colonies grew → Formal courts of law appeared in VA, MA, RI, CT - Colonies drew on examples set by English Parliament = Colonial legislatures became highest courts Beneath legislatures (those who make and change laws) were the superior courts - Superior courts heard civil and criminal cases - Some colonies established trial courts overtime (heading by chief justice and several associate justices) - Appeals from trial courts heard by governor and his council (often called "courts of appeals" - County level courts established ***Played key role in government and social life of colonies ***Had jurisdiction in both civil and criminal cases ***Fulfilled many administrative duties (including setting/collecting taxes, supervising the building of roads, licensing taverns)

Dual system

National system of federal courts and 50 state court systems - Operate under different constitutions and laws

Circuit court judges

Nominated by president and confirmed by Senate Number of judges in each circuit varies depending on the volume and complexity of caseload

Jury trials

Occur in < 10% of all felony cases Most civilizations have used some means to get at the truth - Burma → each suspected party to crime had to light candle, and person whose candle burned longest was not punished - Borneo → suspects poured lime juice on shellfish; whoever's shell fish squirmed first was guilty party - "Trial by ordeal" method → people's guilt/innocence determined by subjecting them to painful tasks; idea was that God would intercede and help the innocent by performing miracle on their behalf Sixth Amendment = Guarantees defendant a trial by an impartial jury of his/her peers - Many people view jury as most sacred aspect of CJ system → b/c it is where common citizens determine truth and assess punishment - Not ALL criminal defendants guaranteed right to trial by jury ***If charged with lesser misdemeanor → not guaranteed right - Defendant may waive right to jury trial and be tried by a judge alone (bench trial)

Lowest level of state courts = Trial courts of limited jurisdiction

Other names - Inferior courts or lower courts - District, justice, justice of the peace, city, magistrate, or municipal courts > 13,500 trial courts of limited jurisdiction in US (staffed by 18,000 judicial officers) Lower courts constitute 85% of all judicial bodies in US Lower courts decide restricted range of cases (hear cases of very specific origin) - Generally restricted to minor/misdemeanor cases or early stages of a more serious crime (ex. appearances, bail hearings, appointment of counsel) Courts create and maintained by city/county governments → NOT part of state judiciary Staggering case load - > 84 million cases annually (> 45 million traffic cases) Workload can be divided into: - Felony criminal cases (Typically includes preliminary stages of felony cases) ***Judge in trial court of limited jurisdiction → initial appearance, appoint counsel for indigents, preliminary hearing ***Later, case transferred to trial court of general jurisdiction for trial (or plea) and sentencing - Nonfelony criminal cases - Civil cases

May appear courts are overbroad in their review of issues BUT judges cannot impose their views until someone brings a case to court

Plaintiffs must be truly aggrieved and have legal right to bring their case to court Independence of judicial branch allows courts to champion the causes of the underclasses (those with fewer financial resources or votes or without a positive public profile) Judiciary considered to be "least dangerous branch" - No enforcement powers - Decisions of courts can be overturned by legislative action - Branch depends on perception of legitimacy surrounding its decisions

Plea negotiation (plea bargaining)

Preconviction process between prosecutor and the accused in which a plea of guilty is given by defendant, with certain specified considerations in return Ex. having several charges/counts tosses out, and a plea by prosecutor to the court for leniency or shorter sentence In exchange for defendant's plea of guilty → Government willing to give defendant certain concessions Defendant often enters "guilty" or "no contest" plea through plea negotiation (plea bargaining) - ~ >90% of criminal convictions are obtained through plea deals, without any courtroom fact-finding

Discovery

Procedure wherein both prosecution and defense exchange and share information as to witnesses to be used, results of tests, recorded statements by defendants, or psychiatric reports, so that there are no major surprises at trial Purpose = promote fair adversarial contest between two sides and help truth come to light Each side entitled to learn other's strengths and weaknesses as well as evidence and theories on which each will rely

5. Prosecution rebuttal

Prosecution may offer evidence to refute arguments made by defense

2. Prosecution's case

Prosecution presents its side of the case → present and question its witnesses and admit relevant evidence - Defense may cross-examine prosecution witnesses - "Redirect" allows prosecution to reexamine its witnesses Will rest its case once prosecution has finished presenting its evidence

Voir dire

Prosecutor and defense attorney question and screen pool members to determine whether they can be fair and impartial and decide the case based on the evidence presented Judge oversees selection process - Both prosecution and defense can challenge and have removed an unlimited number of jurors for cause ***For cause = for some reason one is prejudiced against their side - Both prosecution and defense receive limited number of peremptory challenges (usually set by statutes) ***Peremptory challenge = allow to remove jurors without any reason or explanation

1. Opening statements (present core arguments)

Prosecutor goes first → has burden of proof (and must prove every element of the crimes charged -- beyond a reasonable doubt) Defense follows - In many jurisdictions can opt to defer making opening statements until later, when it presents its main case or waive it altogether Purpose of opening statements = succinctly outline facts they will try to prove during trial (NOT a time to argue with the other side) After opening statements → Trial moves to introduction of evidence - Evidence standards ***Must be relevant, material, and competent ***Can come in multiple forms

Discovery has become quite controversial in recent years

Prosecutors often accused of withholding evidence that should have been provided to the defense - Many jurisdictions have individuals serving as "discovery masters" to ensure fair exchange of information by both sides Question of what is to be exchanged not always clear-cut - Generally, prosecution has higher burden of providing "exculpatory" evidence ***Exculpatory evidence = that which tends to support the defendant's innocence - However, b/c SCOTUS has required prosecution to discover only evidence that is BOTH material and exculpatory, this has become confusing area of law and formal/informal policy ***Conservative, liberal, amd "middle ground" rules of discovery

Federal Rules of Criminal Procedure

Provide that prosecutor, grand jurors, and grand jury stenographer prohibited from disclosing what happened before grand jury (UNLESS ordered to do so in a judicial proceeding) Secrecy... - Prevents escape of people whose indictment may be contemplated - Ensures deliberation without outside pressure - Prevents witness tampering prior to trial - Encourages people with information about a crime to speak freely

Conflict of weak centralized government prompted delegates to Constitutional Convention 1787

Purpose of Convention = create a federal judiciary that was separate from the legislative branch of government As a result today... Dual court system

Defense motions

Requests to suppress evidence (ex. defense believes police search, physical evidence, or confession was obtained illegally) Reduce bail (if accused is still in jail awaiting trial) Recusal Expense of experts Conduct discovery Change venue (move trial to another city, if highly publicized or emotional crime is charged) Delay trial ("continuance")

Traditional/primary purpose of our courts = Provide a forum for seeking and obtaining the truth

SCOTUS declared in Tehan v. U.S. ex rel. (1966) that "the basic purpose of a trial is the determination of truth"

Very little in the way of fixed, enforced time limits at state level

SCOTUS has refused to give concept of "speedy trial" any precise time frame Most state laws, where they exist, fail to provide the courts with adequate and effective enforcement mechanisms If a prosecutor has clearly taken an excessively long amount of time to bring a case to trial, existing time limits may be waived due to the court's own congested dockets State-level speedy trial law often not followed in practice

Brown v. Plata (2011)

SCOTUS ruled that court-mandated inmate population limits are necessary to protect prisoners' constitutional rights and prevent Eighth Amendment violations

Appellate Process Through Dual State and Federal Court Systems (State courts → SCOTUS)

STATE COURT ACTIONS a. State court - Convicted - Judge failed to instruct jury on subject of causation b. State appeals court - Argued judge should have given jury such an instruction - Appellate court affirmed conviction ***Found judge did not err in failing to instruct jury about causation c. State supreme court - Conviction affirmed ***Found judge did not err in failing to instruct jury about causation FEDERAL COURT ACTIONS a. Filed writ of habeas corpus with U.S. district court having jurisdiction - Argued trial judge violated due process rights by not giving jury instructions regarding causation - District court denied habeas petition (no constitutional question had been raised) b. Appealed to Second U.S. Circuit Court of Appeals - Court reversed his conviction (saying person had been deprived of due process because of trial judge's failure to instruct jury on causation) c. Government appealed to U.S. Supreme Court (Henderson v. Kibbe) - SCOTUS decided to hear the case after issuing a writ of certiorari to the lower court

Views on plea bargaining

Some authors believe plea bargaining reduces courthouse to bartering system - See it as justice on the cheap Others believe plea bargaining works to make the job of the judge, prosecutor, and defense attorney much easier - Spares CJ system expense and time needed to conduct many more trials In general, both police and civil libertarians oppose plea bargaining - Police/others in crime control camp ***View it as undesirable b/c defendants can avoid conviction and responsibility for crimes they committed when allowed to plead guilty to lesser and/or fewer charges ***Would prefer to see the defendant convicted for the crime committed - Civil libertarians and supporters of due process model ***Oppose b/c when agreeing to negotiate a plea, the accused forfeits a long list of legal protections afforded under the BOR (Presumption of innocent, Government's burden of proof (beyond a reasonable doubt), Right to face one's accuser, testify, and present witnesses in one's defense, Right to have an attorney, Trial by jury (except for lesser offenses), Right to appeal if convicted) ***Innocent defendant might be forced to enter plea of guilty b/c of threat of trial/police/prosecutorial coercion Important to consider both positions - Does plea bargaining sacrifice too many of the defendant's rights? - Does plea bargaining impede justice by giving too many benefits to guilty persons?

Preliminary hearing

Stage in criminal process conducted by a magistrate to determine whether a person charged with a crime should be held for trial based on probable cause; DOES NOT determine guilt or innocence Results = bound over to trial OR case is dismissed Defendant may choose to waive in some jurisdictions Judge (no jury present) decides whether probable cause is sufficient against the person charged to proceed to trial - Finds enough probable cause → Judge will order accused to appear at trial to answer state's formal charges (which prosecutor will file in form of an "information") Parties - Prosecutor will offer physical evidence and testimony to try to get accused "bound over" for trial - Defense offers counter-evidence Can help accused and their counsel to prepare for trial (able to hear much of state's case) - In some states, prosecutor avoids this effect by presenting the case before a secretive grand jury

STATE AND FEDERAL COURTS

State Courts - Limited Jurisdiction Trial Courts ***Traffic, juvelined, justice of the peace (for example) - Trial Courts ***State trial courts - Appellate Jurisdiction -- Intermediate Courts of Appeals ***State courts of appeals - Appellate Jurisdiction -- Courts of Last Resort ***State supreme court Federal Courts - Limited Jurisdiction Trial Courts ***Tax, admiralty, bankruptcy (for example) - Trial Courts ***U.S. district courts - Appellate Jurisdiction -- Intermediate Courts of Appeals ***Circuit courts of appeals - Appellate Jurisdiction -- Courts of Last Resort ***U.S. Supreme Court

Dual court system

State and federal court systems of the US

Intermediate court of appeals (ICA)

State court that stands between a trial court and a court of last resort; it typically has appellate jurisdiction only - First stop for an appeal in state courts after a conviction in criminal case or judgment in civil case State officials created ICAs in response to significant growth in appellate cases in state courts that would overwhelm a single appellate court such as state's supreme court - ICA's meant to alleviate caseload burden on courts of last resort As of 2019, 41 states has established permanent ICAs - Those without = sparsely populated with low volumes of appeals ICA structure varies - Hear both civil and criminal appears - Typically use rotating three-judge panels - Demanding workload (> 185,000 cases filed annually) Engaged primarily in error corrections - Review trials to make sure that the law was followed and overall standard is one of fairness Represents final stage for most litigants - Very few cases make it to appellate court in first place, and of those, only small portion will be heard by state's court of last resort

"Information"

State's formal charges filed by prosecutor

Bail

Surety (ex. cash or paper bond) provided by defendant to guarantee his/her return to court to answer to criminal charges Known as "pretrial release" Allows defendants to remain out of jail while awaiting trial - Affords time to... ***Help with their defense ***Maintain ties with family and job Largely influenced by crime type Preventative detention = defendant not granted bail NOT a right and NOT guaranteed under US Constitution - Most states provide bail cannot be granted in cases involving certain violent felonies - If judge does grant bail → Eighth Amendment prohibits bail amount from being "excessive"

Right To A Speedy Trial: "Justice Delayed..."

Swift justice = terms fairly well emblazoned in our collected psyche - Bringing offenders to justice in time manner = felt to be essential to sending meaningful message to offenders (convey message of deterrence to general public, maintain public confidence in judicial process, generally help criminal justice system better do its job) "Justice delayed is justice denied" → goal of processing court cases with due deliberate speed - Charles Dickens condemns practice of slow-litigation in 19th century England - Founding fathers saw fit to hasten movement of criminal matters into the courtroom Sixth Amendment → "In criminal prosecutions, the accused shall enjoy the right to a speedy and public trial" - Consequences of delay to society are potentially severe - SCOTUS has ruled that if defendant's right to speedy trial has been violated, then indictment must be dismissed and/or conviction overturned Two sides 1. Some criminal defendants want their trial dates delayed ("continued") as long as possible - Gives time for community's emotions surrounding crime to subside, memories of victims/witnesses to face, defense to uncover further evidence 2. Others want their day in court to arrive as soon as possible (those who cannot post bail and are awaiting trial in jail, and/or have jobs/families to return to)

Court of last resort

The last court that may hear a case at the state/federal level - Usually referred to as the state supreme court - Specific names and number of judges differ by state - Entire court sits to decide each case (unlike ICAs which use panels in making decisions) → 3-9 judges ***Florida = 7 justices, Atleast 5 must participate in every case, Atleast 4 must agree for decision to be reached - Hears cases on appeal from lower state courts to provide answers to questions of legal significance in state cases - Discretion over cases it hears - Other powers: ***Issuing judicial assignments ***Confirming nomination of judges ***Reviewing cases of alleged judicial misconduct Limited amount of original jurisdiction in dealing with matters such as disciplining lawyers and judges Policy-making - Policy-making role of supreme courts VERY apparent in deciding death penalty cases ***In most states automatically appealed to state's highest court (bypassing ICAs) - Ability of most state supreme courts to choose which cases to hear makes them important policy-making bodies Ultimate review board for matters involving interpretation of state law States without ICAS → State supreme court has no power to choose which cases will be placed on its docket ICAs vs State supreme courts - ICA = reviews thousands of cases each year - State supreme court = handles hundred or so cases that present the most challenging legal issues arising in that state ***State appellate courts review decisions from lower court proceedings and decisions using trial records, appellate briefs submitted by each side, and arguments made by legal counsel - Limited on what cases they can hear Florida - Five district courts of appeal with three-judge panels - Did not have district courts of appeal until 1957

Procedure (SCOTUS)

To reach SCOTUS, all appeals in lower courts have to have been exhausted - Exception = cases involving disputes between states (make SCOTUS original court of jurisdiction on those cases) Court issues writ of certiorari ("to be informed") - Rule of four - If justices do not grant writ, means that decision of lower court stands - If court grants writ, attorneys on both sides present both written and oral arguments in defense of their position Justices meet to discuss case and vote on it in a process called "conference"

Structure Of The Courts

Today's courts established in one of two ways - A constitution - A legislature Court differ as to their jurisdiction or their authority to hear a case - Different types of cases will be heard in different types of courts - Original vs. appellate jurisdiction ***Original jurisdiction = where case is first heard ***Appellate jurisdiction = hear cases that have already been heard in courts with original jurisdiction but are being appealed for legal reason - Limited vs. general jurisdiction Venue - Geographic area where trial occurs - Most trials take place within boundaries in which alleged offense occurred Change of venue (motion can be filed) - Proceedings may be held in other location to ensure more fair process

District courts (federal)

Trial courts at the county, state, or federal level with general and original jurisdiction - May be described a "workhorses" of the federal judiciary b/c nearly all civil/criminal cases heard in federal courts are initiated at district court level - ~359,000 annual combined filings - General trial courts for federal system - Courts of original jurisdiction for federal cases Locations - Congress created 94 U.S. district courts - At least one district court in each state - Congress has created 678 district court judgeships for 94 districts ***President nominated district judges who must be confirmed by Senate ***Judges serve for life unless removed for cause US district courts = Federal trial courts of original jurisdiction for all major violations of federal criminal law - Can hear appeals from state supreme courts and lower federal courts

Other Federal Courts

U.S. Claims Court - Hears cases in which the U.S. government has been sued for damages U.S. Court of International Trade - Handles cases involving appeals of the U.S. Customs Office rulings U.S. Court of Military Appeals - Hears appeals of military courts-martial Court of Appeals for the Armed Forces - Appellate jurisdiction over members of the armed forces on active duty and other persons subject to the Uniform Code of Military justice U.S. Tax Court - Resolution of disputes between taxpayers and Internal Revenue Service (IRS)

History Of The Courts

US judiciary system established in Article III of US Constitution - Only SCOTUS created at this time - Congress given power to create other federal courts as needed Judiciary Act of 1789 = more clearly the jurisdiction and structure/role of federal courts - SCOTUS initially started with 6 justices ***1869 → number of justices fixed as nine (has remained that way ever since) Role of court even further defined in Marbury v. Madison (SCOTUS case) - Established judicial review - SCOTUS acts as checks and balances for government

Concern then is with unnecessary delay

Unnecessary delay → Court must determine whether or not defendant's right to speedy trial was violated

Federal courts hear cases involving

Violations of acts of Congress (federal law) Criminal and civil cases in which federal law was violated (cases that involved kidnapping, smuggling, or drug trafficking)

Generally 12 jurors and 2 alternative selected for criminal trial (number NOT required by Constitution)

Williams v. Florida → SCOTUS observed that decision to fix size of jury at 12 "appears to have been a historical accident" and that a 6 member jury satisfies constitutional requirement

Grand jury function/role can be significant

Without indictment, state cannot move forward with criminal charges against defendant Example - Darren Wilson (police) shooting of unarmed Michael Brown in Ferguson, Missouri - Case went to grand jury → After 25 days of hearing testimony and reviewing evidence, determined there was not enough probable cause to conclude that Wilson acted criminally - Proceedings different from typical grand jury ***Prosecutor did not recommend charges against Wilson ***> 60 witnesses testified (vs typical 3 or 4) ***Officer Wilson testified for more than four hours - State effectively "tried" the case but without the public oversight of a typical criminal trial (so grand jury role can be significant)