Criminal Courts: Mid-Term

Disposition

sentencing. Probation office will have prepared a pre-dispositional report (PDR) providing background information on juvenile and his/her family and making a recommendation for disposition.

What 2 major functions do probationer officers perform during the sentencing process?

supervision and investigation

Furman v. Georgia (1972)

the Court declared that most of the U.S. death penalty laws were unconstitutional because of their arbitrary nature.

Gregg v. Georgia (1976)

the Court upheld death penalty laws that specified aggravating and mitigating circumstances for when the death penalty may be applied and also provided for separate phases of the trial, one to determine guilt and the other to decide on the penalty.

Initial Appearance

the accused is told of the charges, penalties, bail is set and date for preliminary hearing is set.

Due Process

the core idea of DP is fundamental fairness

Venue

the location/place where a case is tried

Formal Hearing

the trial. State must prove every element of offense beyond a reasonable doubt (except for status offenses) In re Winship (1970).

Arrest: What 2 ways is someone deemed arrested?

tickets or custody

Show-Up

witness is shown the suspect ONLY and is asked if the suspect is the perpetrator. A show-up is more likely to be unconstitutional than a line-up because it is more suggestive, in that the witness is only being shown one person, makes the possibility of mistaken identification greater. Because a show-up is less reliable than a line-up, it should be used only in exigent circumstances, e.g. the victim has serious injuries and may die before a less suggestive means of identification is possible, or when the circumstances indicate that the show-up will be reliable. Neil v. Biggers (1972). -one person line up

Courts of General Jurisdiction

— trial courts for civil/criminal matters (i.e. District Courts) -These courts handle matters not exclusively designated for the courts of limited jurisdiction. These courts will also handle a variety of matters including: felony criminal matters, civil disputes over a certain $ value, domestic relations matters (i.e. dissolution, paternity, child custody), appeals from courts of limited jurisdiction.

If the court sets a property bond in the amount of $500,000, how much equity does the property posted have to have?

$1 million dollars

Indigent defendants are provided counsel in 3 ways.

(1) Public Defender system (2) Assigned counsel, usually a private attorney that agrees to take the case when the PD has a conflict of interest (i.e. multiple defendants on same case) (3) Contract system, private attorney that has a contract with a jurisdiction to take all PD conflict cases or overload cases.

-What standard of proof must be proven during a prelim or grand jury proceeding? - If PC is established, then what happens? - In state court, what court hears the prelim?

- Probable Cause - D held for further proceedings (i.e. trial, pleas, etc.) Also known as D bound over for further proceedings. -Usually a court of lesser jurisdiction such as the county court, then if the standard is met D is bound over to district court, a court of general jurisdiction.

-Is a PR bond & ROR bond the same thing? - What does the judge consider in setting a PR bond?

- yes - Nature of the crime, ties to the community, prior record, risk of D leaving jurisdiction, failure to appear history, threat to society, eligible for pretrial release program.

Stare Decisis

-"let the decision stand" -courts will review and be guided by the legal rationale of prior decisions to a current case and apply the same legal principles. Allows courts to provide some degree of predictability regarding their decisions.

-If D has a bail bondsman post $1000 bond, how much does D have to give the bail bondsman? - If D fails to appear in court, who forfeits the entire $1000 bond?

-$100 -the bail bondsman

Personal Recognizance:

-(PR Bond) or Release on own recognizance (ROR): Judge releases D from jail without monetary bail if they believe the person is not likely to flee. These bonds are used most often for defendants accused of minor crimes and for those with substantial ties to the community.

One Amendment, either the 14th or 5th, applies to the Federal system and the other the States, Which applies to the States, which applies to the Federal?

-14th Amendment applies to the States, 5th Amendment applies to the Federal.

Arraignment

-Although the terms arraignment and initial appearance are ofter used interchangeably, an arraignment differs from the initial appearance. At arraignment, D in felony cases is given a copy of the formal complaint (charges), advised of rights and asked to enter a plea.

Felony

-An arrested person must be brought before a judge without unnecessary delay. D are told what crime they are alleged to have committed, the possible penalty, advised of their rights & given their next court date.

Fifth Amendment

-Freedom from double jeopardy, self incrimination; right to face accusers, due process, grand jury indictments -provides that no person can be deprived of life, liberty or property without due process of law.

Eighth Amendment

-Freedom from excessive bail/fines, cruel & unusual punishment

Fourth Amendment

-Freedom from unreasonable searches & seizures; warrants must be based on PC with specifics

Right to be Heard

-Frequently, prosecutors inform victims and consider their opinions prior to entering into a plea agreement or dismissing case. Victims opinion is not binding on prosecutor, but if objections are strong, he/she may reconsider decision to plead out or dismiss charges. -Prior to sentencing, victims are given an opportunity to address the court either in person or in writing through whats called a "victim impact statement". This allows victim to explain to the judge how their life has been affected by D's actions — pain, trauma, financial hardships, etc.

Criminal Law

-In every criminal case the prosecutor must prove what is known as the corpus delicti, body of the crime. Corpus delicti refers to the essential elements of a crime that the prosecution must prove beyond a reasonable doubt.

Prosecutors: County Attorney and U.S. Attorney

-In the federal system, the U.S. Attorney is appointed by POTUS confirmed by Senate. A newly elected President has the option to appoint all new prosecutors. The USA is more of an administrative role rather than courtroom litigator. The assistant USAs handle the courtroom duties. They are not appointed, rather hired by the sitting USA. -In the state system, the County Attorney is an elected position. Similar to their federal counterpart, the CA is more administrative role. In Nebraska, Deputy CAs handle the courtroom duties. In more rural counties there may not be the need to have a full time county attorney — in that situation, the office holder will continue to have a private practice in addition to his/her elected duties.

Defense Attorneys — Federal Public Defender, County Public Defender

-Like it's federal counterpart, the Chief FPD is appointed, however, they are appointed by the Circuit Court of Appeals where the office is situated. In our state that would be by the 8th Circuit. It is also a more administrative position with the deputy FPDs having caseloads. -In the state system, each county has a Public Defender that is elected. In rural counties, the PD may have a private practice as well. In metropolitan areas, the courtroom duties generally fall on the deputies.

Fourteenth Amendment

-No state can make law that infringes upon the rights of a citizen, due process, equal protection -provides that no State shall deprive any person of life, liberty or property without due process of law.

Criminal Defendants and Crime Victims

-Pro Se defendants speak on their own behalf, they either make the choice to represent him/herself or the charges are not something that would qualify for the appointment of a lawyer. 1. D not indigent (not without means to hire own attorney) 2. The charge does not carry the possibility of jail time 3. Even if the charge does carry the possibility of jail time, the prosecutor is not seeking jail time and the judge agrees.

Sixth Amendment

-Right to speedy trial, impartial jury, be informed of charges, compel presence of witnesses on one's behalf, attorney -Right to trial is guaranteed by the 6th Amendment

-If you forfeit a full cash bond how much is forfeited? - If you forfeit a percentage bond how much is forfeited?

-The full amount that is posted. -The amount you posted, plus the State then can collect the remaining 90% of the bond you did not post.

Speedy Trial

-Usually, a defendant must be brought to trial within 6 months of the filing of the information or a grand jury indictment absent certain allowable days. -If the defendant is the cause for the delay (i.e. leaves the jurisdiction) the speedy trial clock is stopped until delay is resolved.

Precedent

-all courts in a state are bound by the decisions of the highest state court (i.e. Nebraska Supreme Court) and all federal courts are bound by decisions of SCOTUS. Decisions from outside the jurisdiction aren't binding, though they could be persuasive if issue has never been presented in the state before

U.S. Court of Appeals

-appellate courts -There are 13 COA — 11 for the 50 states, 1 for the District of Columbia, 1 for the federal circuit. The circuits are geographically divided. Nebraska is in the 8th Circuit with Arkansas, Iowa, Minnesota, Missouri, N. Dakota & S. Dakota. Based in St. Louis, the panel is composed of active judges and senior judges, who are retired but still handle cases.

Crime Control Model

-assembly line justice -efficiency is the key to operation & Speed is the emphasis which relies on informality, uniformity & finality. Model assumes that police and prosecutors will do lion's share of screening to weed out those that are likely innocent. Those that are left will likely plead or be found guilty at trial.

-What standard of proof is the highest standard? -What standard of proof is the lowest? -What are 2 other standards of proof?

-beyond a reasonable doubt -probable cause -preponderance and clear and convincing

What type of jurisdiction do state and federal courts have?

-concurrent jurisdiction -this means they share some judicial powers over certain types of cases (drug trafficking, bank robberies)

Judicial Review

-court has power to examine law & determine whether it's constitutional — if declared unconstitutional, law is void. This process is judge-made law — SCOTUS may review acts of the other 2 branches of government. 1. duty to interpret Constitution & apply it to particular set of facts 2. Courts' job is to evaluate laws for constitutionality & declare them null and void if they are

Supreme Court of the U.S. (SCOTUS)

-court of last resort -This is the final step in the federal appellate process and for cases involving the interpretation of a federal statute or the U.S. Constitution. Their docket consistent almost entirely of appeals from the federal COA and state supreme courts. SCOTUS has discretion to determine which cases it will hear and which it will refuse. Each year about 9,000 cases petition SCOTUS to hear their case, but fewer than 100 are selected to be heard.

Right to attend

-court proceedings (pretrial hearings, trial, sentencing & parole hearings) a. There is a controversy in allowing victims to be present for entire trial if they are going to testify as a witness. Generally, a witness is not allowed to attend until after they have testified so that their testimony is not influenced by that has previously been said in court. A few state provide an exception to the victim indicating that their right to attend supersedes this practice.

What are the two competing views of judicial system?

-crime control model -due process model

Civil Law

-dealing with disputes involving private parties. The 5 major areas of civil law are: 1) Tort, 2) Contract, 3) Real Property, 4) Domestic Relations (i.e. divorce, paternity, child custody), and 5) Probate

What type of court system does the U.S. have?

-dual court -a national system and then a federal court and separate court system for in each of the 50 states/District of Columbia.

Adjudication of Offenses

-finding of guilt/sentencing a. most common function b. many more trial courts than appellate courts

What do magistrate judges do?

-handle preliminary matters for the District Court and issue warrants. Their decisions are deemed to be decisions of the District Court.

Right to Counsel

-in the landmark decision in Gideon v. Wainwright, SCOTUS held that based on the 6th Amendment to the U.S. Constitution, indigent (poor) defendant's, charged with a felony are entitled to the services of a lawyer at the government's expense. Over the years this right has been extended to anyone facing the possibility of 6 months or more of incarceration. This 6th Amendment provision also covers juveniles.

What are the factors to be considered in setting bond?

-nature and circumstances of the offense charged -weight of the evidence against the defendant -financial ability of the defendant to give bail -character of the defendant

Right to be Informed

-notified of important proceedings, decisions' and actions related to their case. a. time & place of court proceedings b. release of D from custody c. dismissal of the charges d. negotiated plea agreements e. sentence imposed f. D's final release from confinement

Due Process Model

-obstacle course justice -Focus is on reliability and minimizing potential for mistakes. Model rejects using police/prosecutors to weed out individuals, because of likelihood of error (coerced confessions, witness bias, people say what police want to hear). Instead, model prefers matters to be heard before the court. There is a need to continuously scrutinize outcomes to ensure that factual & legal guilt is established at every step in the process.

Bail (4 forms) what are they?

-personal recognizance, cash bond, property bond, and bail bond

Appeals

-review of a lower court decision by a higher court. -Every case adjudicated is guaranteed one appeal. Thus if convicted in a court of lesser jurisdiction, i.e. Municipal Court, County Court, etc. a defendant could appeal to the District Court. If convicted in a court of general jurisdiction (District Court, Superior Court, etc.) a defendant may appeal to an intermediate court of appeals or if none in the jurisdiction to the state Supreme Court.

What are the victims rights?

-right to be informed -right to attend -right to be heard

Appellate Courts

-state Court of Appeals -Like the federal appellate courts, the state COA hear both civil and criminal matters from the trial courts. Defendants who are convicted and sentenced at the lower court are entitled to have the COA review their case. These courts are not trial courts. Instead, verbatim transcripts of the proceedings at the lower court are prepared and submitted along with written and generally oral arguments from both sides. The focus is to ensure that the losing party below received a fair trial.

State Supreme Courts

-state court of last resort -State supreme courts usually hear the majority of appeals on a discretionary basis, similar to SCOTUS. If the state lacks a COA, then the state supreme court is required to hear all properly filed appeals. The state supreme court may elect to pull a case from the COA if it involves a significant legal issue. Generally, the losing party at the state supreme court level is out of options unless they are able to identify a legal issue that involves the U.S. Constitution and their cases is accepted by SCOTUS. Defendants who lose at the state level may also file a "writof habeas corpus" in federal district court

Steps in the Juvenile Court Process:

-summons -adjudication -pre-trial conference -formal hearing -disposition -review

Trial: 2 types

-trial by jury and trial by judge (bench trial). -In both cases the prosecution has the burden of proving D's guilt beyond a reasonable doubt.

U.S. District Courts

-trial courts or court of original jurisdiction for federal system There are 94 Districts — including some U.S. territories. Larger states like California or Texas have as many as 4 Districts. With one exception (Wyoming) no District crosses state lines. Nebraska has one District.

Initial Appearance: -When must the initial appearance be held after a custodial arrest? -Is the 48-hour rule for felony & misdemeanor cases? -Does the 48-hour rule apply to non-custodial arrests?

-usually within 48 hours. -yes -no

- Can D at a misdemeanor arraignment enter a guilty or no contest plea? - Can D at a felony arraignment in a court of lesser jurisdiction enter a guilty or no contest plea?

-yes - No, a court of lesser jurisdiction, such as a county/city court does not have authority to take that plea.

What are the essential elements of crime?

1) Actus Reas, guilty act 2) Mens Rea, criminal intent 3) Union of act & intent 4) Attendant circumstances e.g. speeding on highway, speeding onracetrack 5) Specific results.

What are the steps in the Criminal Judicial Process?

1) arrest 2) initial appearance 3) bail 4) preliminary hearing 5) arraignment 6) discovery, pre-trial motions, and plea agreements 7) trial 8) sentencing 9) appeals

All trials are governed by?

1) rules of procedure 2) rules of evidence

Key characteristics of prosecutors

1. A key characteristic of the prosecutor is broad discretion in prosecuting offenders against the law. 2. Prosecutors have an ethical duty to seek justice, not just winning cases. a. Prosecutors have absolute immunity from civil liability when initiating and pursuing criminal prosecution. b. Remember the Duke lacrosse case? Prosecutor was up for re-election and felt that he needed a win in this high profile case to ensure his tenure. The prosecutor made multiple misstatements to the media about the evidence in the case and the defendants' guilt. Not only did he not interview the victim until after filing charges, information came out that he was aware of conflicting testimony by a witness; DNA testing excluded defendants; and he lied to the court with pleadings and statements made in hearings regarding his lack of exculpatory evidence. Defense investigation revealed the prosecutor's misconduct and charges were eventually dropped. The prosecutor was held in contempt of court and was sentenced to 1 day in jail. He was ultimately disbarred for his intentional prosecutorial misconduct involving fraud and deceit. Also, didn't win re-election!

Defendant has the right to have the judge instruct the jury that the he/she has a constitutional right to:

1. not take the stand 2. and, the jury is not to make any inference of guilt from the exercise of this right

The trial judge will not receive a guilty or no contest plea until he/she has assured themselves that certain requirements designed to protect the defendant's rights have been complied with. Three things must be present on the part of the defendant in order for the judge to accept the plea:

1. Competence: Judge must be satisfied that the defendant is competent to enter the plea, and the plea is truly voluntary. 2. Understanding the charge: Judge must determine that the defendant understands the charge to which he/she is pleading. 3. Understanding the consequences: Judge will also make sure that the defendant understands the consequences of accepting the plea

What are different sentencing options?

1. Fines 2. Restitution 3. Probation 4. Community Service 5. Community Corrections 6. Jail/Prison/House arrest 7. Capital punishment

Judges come into power 4 ways: what are they?

1. Gubernatorial or Legislative appointment 2. Partisan election (running as a member of a certain political party i.e. Republican or Democrat, etc.) 3. Nonpartisan election (name appears on ballot, without any indication of the candidate's political affiliation) 4. Combined merit selection & other methods Federal Court Judges are appointed to the bench by POTUS and confirmed by the U.S. Senate. They are appointed for life or until they wish to retire.

Right to counsel attaches:

1. Initial appearance before magistrate in connection with decisions that can later be used against the defendant. a. At the initial appearance, the defendant is informed of the charges against him/her, and told of his/her right to remain silent, to the assistance of counsel, and if the case is a felony case, to have a preliminary examination. Bail is usually set at this time. 2. Preliminary hearing 3. Arraignment 4. Felony trial and some misdemeanor trials 5. Incriminating statements elicited by an undercover agent after the suspect has been formally charged 6. Misdemeanor trials in which imprisonment may be imposed 7. Line-ups/show-ups, after 'formal proceedings' are begun 8. Sentencing which includes filing of appeal if Defendant requests it.

SCOTUS has 9 justices who are appointed by the President, confirmed by the Senate and serve for life. Current members of SCOTUS:

1. John Roberts, Chief 2. Anthony Kennedy 3. Clarence Thomas 4. Ruth Bader Ginsburg 5. Stephen Breyer 6. Samuel Alito 7. Sonia Sotomayor 8. Elena Kagan 9. Neil Gorsuch

When does jeopardy attach?

1. Jury trial: when jury has been empaneled and sworn 2. Bench trial: when 1st witness has been sworn 3. guilty plea: when the court accepts the defendant's plea 4. lesser-included offense: The Double Jeopardy Clause bars prosecution for the lesser-included crime after conviction of the greater offense (i.e. D convicted for felony murder cannot be tried for the robbery, which was the basis for the felony murder).

Right to counsel doesn't attach:

1. Line-ups/show-ups before the suspect is formally charged with the crime 2. Photographic identifications (no matter where they take place) 3. "Scientific testing", e.g. tests of blood, hair, handwriting samples, fingerprints, DNA testing, because there is no witness recollection involved. 4. Probation revocation proceedings, except in limited circumstances when due process requires it. 5. Discretionary appeals and some specified events in the investigatory stages of proceedings, such as the taking of blood, hair, handwriting samples etc.

Steps of the trial process:

1. Opening statement 2. Prosecution's case in chief 3. Defense's case in chief 4. Rebuttal 5. Closing arguments, order is prosecution, defense, prosecution 6. Jury Instructions 7. Jury deliberations 8. Verdict 9. Post verdict motions

There are two primary sources of individual rights, what are they?

1. U.S. Constitution 2. The Bill of Rights (BOR — the first 10 amendment to the U.S. Constitution) Enumerated 23 individual rights — not all are relevant to criminal prosecution — and applied to the Federal government. After the Civil War, the 14th Amendment (which contains a Due Process Clause that is identical to that of the 5th) was ratified and incorporated the prohibitions of the BOR into it.

Juvenile Court

1. delinquency — law violations allegedly committed by juveniles 2. status offenses — offenses that are only illegal because of the juvenile's age 3. abuse/neglect of children by their parents/legal custodians -The juvenile court can retain jurisdiction over the juvenile until he/she reaches the age of majority (in Nebraska that 19 years old). The juvenile court's jurisdiction frequently lasts longer than had the matter proceeded in adult court. Juvenile court has such broad latitude because the focus is different from that of adult court (i.e rehabilitation v. punishment). The goal is to rehabilitate the juvenile so that the reasons that brought him/her to the court's attention are either corrected or eliminated. -A prosecutor may file charges against a juvenile in either juvenile or adult court. If charged as an adult, the juvenile can file a Motion to Transfer the case to juvenile court. Several factors are considered by the court in making a determination on whether or not to transfer a case, including: 1. age of the defendant (i.e. is the defendant close to age of majority) 2. severity of the offense charged 3. if defendant has a prior history in juvenile court -The standard for all decisions in juvenile court is what is in the best interests of the minor child and the community

Proceedings in these courts are traditionally more informal in nature than at the trial or appellate level. Despite the sometimes informal nature, these courts are very important for several reasons including:

1. for many citizens it's the only experience that most will ever have with the court system 2. process a tremendous amount of cases 3. handle important parts of pretrial process in criminal matters (i.e. arraignment, preliminary hearings)

There are two primary sources of law, what are they?

1. judge-made law (common law) 2. statutory law (Constitution, statutes, ordinances & administrative regulations)

Courts of Limited Jurisdiction

1st level of state courts (county courts) -These courts handle a variety of matters including: minor criminal cases, traffic offenses, violations of municipal ordinances, juvenile delinquency, civil disputes under a certain $ value, probate, guardianship/conservatorship appointment, small claims matters.

Venire

A group of citizens from which jury members are chosen, also known as the jury pool.

Challenge for Cause

A judge may dismiss a potential juror if the person cannot be fair and objective.

Should a person be given notice if they are having charges brought up against them? Why?

A person should always be given notice of any charges brought against them, that person should be provided a real chance to present their side in a legal dispute, and that no law or government procedure should be arbitrary or capricious.

States Courts include:

A typical state court system includes lower courts, major trial courts, intermediate appellate courts and the state high court of last resort. Also included are problem solving courts, using therapeutic jurisprudence to change behavior to remedy problems that cause the defendants to commit crimes. Drug Court, Veteran's Court, SWI Court, Teen court, etc

If prosecutors have absolute immunity from civil liability when initiating and pursuing criminal prosecution why can they be sued for making false statements in an affidavit?

Affidavit done under oath

What is the typical remedy for prosecutorial misconduct?

Appellate court reversal

Peremptory Challenge

Each side may exclude a set number of jurors without stating a reason. (The Equal Protection Clause of the 14th Amendment prohibits the lawyers from exercising peremptory challenges in a discriminatory manner i.e dismissing all members of a specific race or gender).

What are the two types of law?

Civil and Criminal

Bail Bond

D hires a bail bondsman, who posts the amount required and charges for services rendered, usually 10% of the amount of the bond, none of that money is refundable when all court appearances are satisfied.

Cash Bond

D must post either the full amount of cash bail with the court or a percentage of in in the form of a cash bond. If the full amount is posted this money will be returned when all court appearances are satisfied. If a percentage of the full amount is posted to the court, 10% of that percentage will be withheld & kept by the court when all appearances are satisfied (i.e. bond set in the amount of 10% of $10,000. D must post $1000, when all court hearings are satisfied D will receive $900 back, the court keeps $100).

Look AT

Defense attorneys have an ethical duty to zealously represent their client's interests within the bounds of the law. Abide by client's decision concerning the objectives of representation. Keeping the client reasonably informed about the status of the case. Avoid providing any counsel (advice) that would encourage or assist a client in doing something that the lawyer knows is criminal or fraudulent consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law. Maintaining client confidentiality and avoiding conflict of interest.

Discovery, pre-trial motions, plea agreements

Discovery refers to the exchange of information prior to trial. Pre-trial motions are requests for a judge to make a decision on, e.g. Motion to Suppress, Motion to Recuse Judge, Motion to Sequester Witnesses, etc. Plea agreements are negotiations between prosecutor and defense.

Veteran/s Treatment Court

Focus is on issues that seem to hit veterans harder than the general population — homelessness, substance abuse & mental health issues. Lancaster County introduced a veterans court in 11/2016.

Drug Court

In Lancaster County, there are drug courts for both adult and juvenile offenders. Drug court focuses on early intervention and a non adversarial process that combines drug treatment with case processing. There is a coordinated effort between defendant, judge, prosecutor/defense counsel and substance abuse treatment providers to govern continued compliance with rehabilitation. Because of the limited resources and overflow of individuals with substance abuse issues, courts have established guidelines for admission into drug court. This is one of the most popular types of problem-solving courts in the U.S. It's success has also spurned the creation of other problem-solving courts.

Preliminary Hearing

In state cases, (felony cases only), no right to prelim in misdemeanor cases. Grand jury in federal system, no right in misdemeanor cases. Provides check against unwarranted prosecutions. During prelim or grand jury proceeding, the prosecution must prove that a crime was committed and that there is probable cause to believe that D committed the crime.

Factual Basis

Judge must be convinced that there are facts to support the plea of guilty or no contest. If defendant pleads no contest, waives opportunity to add/correct anything in the factual basis provided to the court since they are "standing silent".

What is the judge a symbol of?

Justice

Property Bond

Most states allow for the posting of a property bond as collateral. If D fails to appear in court, the property is forfeited. Property bonds are rare, because courts generally require that the equity in the property be double the amount of the bond.

Habitual criminal laws

Statutes that mandate increased sentences for repeat offenders. Also known as three strikes laws.

Double Jeopardy

The 5th Amendment provides that no person shall be subject for the same offense to be twice put in jeopardy of life or limb. The guarantee applies to both felonies & misdemeanors.

Domestice Violence Court

The focus here is ensuring the safety of the victim. Courts seeks to tailor interventions to provide for the safety of victims (and their children) and hold offenders accountable for their actions. In addition to entering protective orders, court generally will require successful completion of batterer programs, substance abuse or mental health treatment. At present, there is not much research on the effectiveness of DV courts.

As part of a plea agreement the prosecutor agrees not to ask for jail time and agrees to reduce the charge from a felony to a misdemeanor. Is the judge bound by any or all of that plea agreement?

The judge may not say anything about the reduction of the charge as that is in the realm of the prosecutor's discretion, but can refuse to honor the no jail time provision, as that is in the judge's realm of discretion.

Sentencing

The principal decision a judge must determine is whether to impose a jail sentence, probation, a fine or combination of the 3.

Plea Bargaining

The process by which a defendant pleads guilty or no contest to a criminal charge with the expectation of receiving some benefit from the state.

Voir Dire

The process by which prospective jurors are questioned to determine whether or not there is cause to excuse them from the jury either by peremptory challenge or challenge for cause.

Mental Health Court

These courts attempt to provide necessary mental health treatment for defendants who may normally "fall through the cracks". These courts deal with involuntary commitments of the mentally ill after they have come to the attention of law enforcement — i.e. what happens to them after police have responded to a situation where an individual has been EPC'd (emergency protective custody) because there is a concern that they pose a serious risk of harm to themselves or others.

What courts make up the federal courts?

U.S. District Courts, U.S. Court of Appeals, and Supreme Court

Effective assistance of counsel

While SCOTUS declared that a defendant has a right to effective assistance of counsel, it never set forth the standard to be used to evaluate such claims. The 1984 case of Strickland. Washington established a two-pronged test. a. Was the attorney's performance deficient? and b. If so, did the deficient performance injure (prejudice) the defendant? The majority held that "counsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgement." Strategy decisions made by counsel will not be second-guessed by the appellate court.

What are Chambers?

a Judges office

Waiver

a defendant may waive his/her right to counsel, but must do so knowingly and intelligently.

Defenses that negate Mens Rea are?

a. Mistake of facts b. Mistake of necessity c. Defense of justification d. Procedural defenses e. Defense of excuse

Oversight

a. was proper procedure followed at lower level b. determine whether behavior of police/prosecutor/defense attorney, etc. violated any laws or Constitutional provisions

What are the roles of Courts in Criminal Justice System?

adjudication of offenses and oversight

Reciprocal Disclosure

automatic discovery for certain types of evidence without necessity of motions or court orders. What information the defense has to turn over varies but there are certain types of evidence that are required: 1. Expert witnesses: defense must provide an expert's name, qualifications, conclusions and the bases for having reached those conclusions. 2. Alibi witnesses: defense must provide names of witnesses that support accused's alibi. 3. Affirmative defense: essentially, defendant admits to committing the crime, but has an excuse that negates his/her culpability (i.e. duress, self defense or defense of another)

Charge Bargaining

charge is reduce in some manner

Arraignment

defendant is informed of the pending charges and is required to enter a plea.

Sentence Bargaining

defendant pleads o a charge or charges and the prosecutor agrees to recommend a specific sentence. judge does not have to honor the prosecutors recommendations.

Count Bargaining

defendant pleads to a charge or charges and subsequent charges are dismissed

Exculpatory Evidence

due process requires prosecution to provide evidence that is favorable to the accused when it relates to guilt or punishment upon his/her request. Brady v. Maryland (1963). The the prosecution is unable to disclose exculpatory evidence because it was lost or destroyed, Brady doesn't apply unless the defense can show bad faith on the part of the police. There is no "good faith" exception to the Brady doctrine.

Discovery

formal and informal exchange of information before trial.

Adjudication

hearing where minor either admits or denies allegations of the petition.

Pre-Trial Conference

informal meeting between judge, attorneys, probation officer/social worker to finalize whether the matter will actually proceed formally.

Victims' Rights

informed of the rights they possess and services available for use as needed.

What is sequestering the jury mean?

its when the jurors live in a hotel for the duration of the trial, take their meals together, and participate in deliberations that will result in a verdict. The jury is not allowed to read any newspapers, watch news reports, talk to anyone besides the other jurors or have any computer/phone access. They are supervised by either a sheriff deputy and/or a court officer

Judicial restraint

judges should closely follow precedent when making decisions and that any changes should be incremental. (seen in the Rehnquist and Roberts Courts)

Preliminary Hearing/Grand Jury

judicial proceedings to determine whether probable cause exists to make the accused stand trial on felony charges.

Summons

legal notice served upon juvenile and his/her parents ordering them to appear before the court at a specific day and time. A copy of the petition filed with the court is attached so both are aware of the charges.

Judicial activism

looks beyond the text of the Constitution or statute and considers the broader social aspects (seen frequently in the Warren and Burger Courts)

Bail/Bond

money or property is pledged as a form of guarantee that a released defendant will appear at trial.

Motion to Suppress

objection to evidence on the grounds that it was obtained in violation of the constitution is determined before the trial starts. -the defendant must have standing in order to file for a motion to suppress -Generally, the motion must be made in writing, Court then holds a hearing on the motion, at which witnesses testify. The judge makes the complete decision about the admissibility and leaves no factual issues for the jury relating to admissibility. -The suppression hearing is conducted without using the rules of evidence

Review

periodic check ins (at least every 6 months) to see how juvenile is complying with the probation terms.

Line-Up

pre-trial identification procedure under which the witness picks the suspect perpetrator from a group of people, who are all before the witness at the same time. -group of people who are before the witness at the same time

Impeachment Evidence

prosecution must disclose any prior inconsistent statements of it's witnesses so defense can conduct meaningful cross-examination of those witnesses. Jencks v. US (1957). All evidence that would impeach prosecution witnesses' creditability (including law enforcement officers) must be disclosed. This includes witness's prior criminal acts or promises of leniency or immunity offered to prosecution witnesses. Giglio v. U.S. (1972).