Criminal Justice 7-9

Direct Evidence

-Direct evidence is able to prove a fact without requiring the judge or jury to draw inferences. -Direct evidence can include information found from a photograph or a videotape. -Direct evidence can include testimonial evidence presented by a witness.

Things the defense attorney does:

-Represent their client and safeguard their constitutional rights -Challenge the strength of the prosecutions case -Take part in plea negotiations -Prepare an competent defense -Represent their clients during trial -Prepare and assist with appeals

According to the above video, how long does the average trial last?

1 to 2 days

Three types of discretionary decisions by prosecutors that are always inappropriate:

1. Accepting guilty pleas for personal gain 2. Decisions not to prosecute friends or associates 3. Overzealous prosecution to get high visibility

Pretrial Stages

1. Arrest 2. Booking 3. Bail 4. First appearance 5. Arraignment 6. Pretrial Release 7. Plea Bargain

States typically have three methods to fulfill the requirement for an indigent defense.

1. Assigned Counsel 2. Public Defenders 3. Contractual Arrangements

Things the defendant does:

1. Choosing a defense attorney 2. Working with their defense attorney to plan a defense strategy 3. Choosing what information to disclose 4. Choosing what information not to disclose 5. Deciding what plea to enter 6. Deciding whether, or not, to file an appeal in the event of conviction

3 Advantages to a Professional Jury

1. Dependability 2. Knowledge 3. Equity

3 Types of Evidence

1. Direct Evidence 2. Circumstantial Evidence 3. Real Evidence

Three Levels of Federal Court Jurisdiction

1. District Courts and Court of Appeals 2. United States Court of Appeals 3. Supreme Court of the United States

Prosecuting attorneys are also known as:

1. District attorneys 2. State's attorneys 3. County attorneys 4. Commonwealth attorneys 5. Solicitors

The United State Supreme Court can hear an appeal any case involving:

1. Federal law 2. Suits between states 3. Cases involving interpretations of the US Constitution

Purposes of the First Appearance

1. For the defendant to receive formal notification of the criminal charges against them 2. To be formally advised of their rights under the constitution 3. To have the opportunity to obtain an attorney or to have one appointed to represent them 4. To be given the opportunity for bail if applicable

Types of Pleas

1. Guilty 2. Not guilty 3. Nolo contendere = "no contest"

Things a judge does:

1. Hold ultimate authority 2. Rules on issues of law 3. Weighs objections from both prosecution and defense 4. Decides on admissibility of evidence 5. Disciplines any person challenging the order of the court 6. Sentences offenders 7. Decides guilt or innocence

Two Types of Trials

1. Jury Trial = jury decides guilt or innocence 2. Bench Trial = judge decides guilt or innocence

Four Levels of State Court Jurisdiction

1. Limited - lowest level 2. General - trial courts where most cases are heard 3. Intermediate Appellate Courts 4. Courts of Last Resort - also known as State Supreme Courts

Things the bailiff does:

1. Maintain order in the courtroom 2. Secure the witnesses 3. Maintain physical custody of the jury 4. Announce the judge's entry into the courtroom 5. Prevent the accused from escaping

Things the court clerk does:

1. Maintains case records 2. Prepares the jury pool 3. Issues jury summonses 4. Subpoenas witnesses 5. Marks physical evidence 6. Maintains custody of physical evidence

Three Types of Defense Counsel

1. Private attorneys 2. Court appointed counsel 3. Public defenders

Alternatives to Cash Bail

1. R.O.R. = Release on Recognizance 2. Property Bond 3. Deposit Bail 4. Conditional Release 5. Third-party Custody 6. Unsecured Bond 7. Signature Bond

Contractual Arrangements

A third type of defense for those who are indigent are provided for through contract attorney programs. These types of programs work with county and state officials to make arrangements for local attorneys to provide representation for indigent defendants on a contractual basis.

Which of the following is NOT an example of direct evidence

A witness saying they saw a car speeding away from the crime scene

According to the above video, at what point in history did plea bargaining appear in courtrooms?

After the Civil War

Cross examination

After the prosecution has conducted a direct examination of a witness, the defense may cross-examine the witness. The purpose of cross examination is to expose any inconsistencies, contradictions, or uncertainties in the witness testimony. Cross-examination is typically limited to questions on matters that were raised only during direct examination.

Which of the following would prevent someone from being found factually guilty?

Alibi

The Future: Professional Juries?

An alternative suggestion for improving the jury system would be to use professional jurors. They would be paid by the government and would be expected to have the expertise to sit on any jury. They would be trained to listen objectively and would be taught the decision making skills necessary.

Assigned Counsel

Assigned counsel are also referred to as court appointed attorneys. They are typically chosen from a list of all attorneys who are practicing within the jurisdiction. Their rates of pay and fees are determined by the state or local government. The fees paid for assigned counsel may effect the amount of effort they put into their case.

Objections

At points throughout the trial either the prosecution or defense may raise objections to questions posed by the other side that seem to violate the rules of evidence. The judge must rule on these objections according to the applicable laws and rules of evidence.

Charging the jury

At the conclusion of closing arguments, the judge then "charges" the jury and then instructs them to deliberate upon the evidence which has been presented until they have decided on a verdict.

Presentation of Evidence

At the root of the criminal trial is the presentation of evidence. The government or the state is first given the opportunity to present evidence with the intention of proving the defendant's guilt. Once the prosecution has presented their evidence and rested their case, the defense is then given the chance to present evidence they believe is favorable to the defendant.

According to the above video, which of the following is a requirement to be on the Supreme Court of the United States?

Be nominated by the President of the United States

According to the above video, why are some judges in the U.S. incentives to put people in jail?

Because they are elected

Circumstantial Evidence

Circumstantial is evidence that is indirect and DOES require a judge or jury to make inferences and to draw conclusions. At a bombing trial, a person who heard the explosion and moments later saw someone run by with a stick of what appeared to be dynamite may testify to those facts. Even without an eyewitness to the actual bombing, a jury might later conclude that the person seen with the dynamite was the person responsible for the bombing.

The Court Clerk

Court clerks are administrative workers who manage the clerical functions related to the courts. They take on a variety of daily tasks and are a fundamental part of the judicial system. Court clerks need to be competent, self-motivated and skilled person to keep the courts running smoothly. [R3]

According to the above video, what is the main reason for the initial shift for the courts to use plea bargains?

Courts were unable to process all of the cases

According to the above video, one of the most important things to demonstrate to the jury during closing arguments is...

Credibility

Pretrial Activities

Criminal cases consist of several phases, starting from the initial arrest, to trial, sentencing and a possible appeal. The following are the general pretrial activity steps in a criminal case.

Which do you think it is better, to have judges who are appointed or elected?

Elected

Which do you think it is better, to have prosecutors who are elected or appointed?

Elected

Expert Witnesses

Expert witnesses are people who have knowledge and expertise that is beyond that of the ordinary lay person. This knowledge and expertise permits him/her to give testimony concerning an issue that requires specific knowledge to understand. Expert witnesses can be called by either the prosecution or the defense. Expert witnesses are permitted to give opinion testimony which a non-expert witness may be prohibited from testifying to. To qualify an expert witness, the side who is offering the expert must establish a foundation for the expert's testimony. Establishing the foundation involves testimony regarding the expert's experience and credentials that qualifies him/her as an expert.

According to the above video, what is always the goal of the district attorney?

Fair and Equal Justice for Everyone

How Judges are Selected

Federal judges first must be nominated by the President of the United States and are then confirmed by the Senate. State judges are either appointed or elected depending on state law and jurisdiction The only states that appoint rather than elect state judges are Connecticut, Georgia, Maine, South Carolina and Vermont (with the exception of probate judges).

The Grand Jury

Grand juries are used by the federal government and about half of the states as part of their pretrial process. Grand juries consist of private citizens, typically 23 in number, whose job is to hear evidence presented by the prosecution. Grand juries are designed to serve as filters to eliminate from further processing any cases that don't have sufficient evidence.

After reading what the Speedy Trial Act requires and what occurred in the Kevin Smith case, in your opinion, what is the right amount of time that a criminal defendant should be required to wait before proceeding to trial?

I believe it depends on the crime, but generally speaking, I think it should be a month

After viewing the two videos on jury selection methods, what are some problems you can identify with them?

I would say a major problem with jury selection methods is the possibilities of the juries being bias. It is very difficult for people to not gain a bias towards a situation, whether it is subconscious or not.

The Speedy Trial Act

In 1974, Congress passed this act that allows for dismissal of criminal charges in cases where the prosecution does not seek an indictment or information within 30 days of arrest OR when a trial does not begin within 70 working days after indictment or initial appearance for defendants who plead not guilty. [R1]

Main participants in the courtroom work group:

Judges Prosecutors Defense Attorneys Police Officers Expert Witnesses Bailiffs Court Reporters Court Clerks

Gubernatorial appointment:

Judges who are appointed by the governor. In some cases, approval from the legislative body is required.

Partisan elections:

Judges who are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.

Nonpartisan elections:

Judges who are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.

Legislative elections:

Judges who are selected by the state legislature.

According to the above video, the term used for when the Supreme Court hears a case is..........

Judicial Review

Jury Size

Jury size varies from state to state. In criminal cases, juries are constitutionally required to have a least six members. All states require twelve member juries in death penalty cases, although six states allow for juries of less than twelve persons in other felony trials.

According to the above video, which of the following is NOT under federal court jurisdiction

Motor Vehicle law

According to the above video, the facial recognition software that the Chicago Police Department uses is called?

NeoFace

Fact Witnesses

Non expert witnesses, known as fact or lay witnesses, are often called to testify in court by either the defense or the prosecution. These types of witnesses may have witnessed a crime or came upon a crime scene shortly after the crime was perpetrated. As a lay/fact witness, their testimony is generally confined to basic facts concerning the case such as what they saw, what they heard, what they did, etc. Lay/fact witnesses are generally not permitted to render opinions.

Victims

Not all crimes have clearly identifiable victims When there is an identifiable surviving victim they can be, at times, one of the most ignored people in the courtroom. Traditionally, the victim has been seen only as another witness to assist in presenting evidence to obtain a conviction. Today, we consider the victim when prosecuting and sentencing criminal defendants. Over the last 20 years various states and the federal government have established rights for victims. Victims are allowed to attend hearings and provide the court with input regarding the impact of the offender's actions on their lives. Also, the victim may be entitled to monetary compensation whether it be from the government and/or the offender.

Final or Closing arguments

Once a criminal trial has concluded the presentation of evidence, both the prosecution and defense are given the opportunity to summarize their overall presentations to the jury by giving a closing or final argument. This summation provides the jury a chance to review and analyze the evidence that has been presented with the purpose to persuade and steer the jury and towards an outcome favorable to their side. The order of closing or final arguments varies from state to state. Most states allow the defense to go first while a few allow the prosecution to go first. Some jurisdictions allow a defense rebuttal in response to the closing argument of the other side.

Opening Statements

Opening statements serve the purpose of advising the jury of what evidence the attorneys for both sides are planning to present and what they intend to prove with that evidence.

According to the above video, what color indicates a positive reaction for blood using the Kastle-Meyer test?

Pink

Plea Bargaining

Plea bargaining is the process of a negotiation involving the defendant, prosecutor and defense counsel. Plea bargains are an agreement where the defendant pleas guilty, usually to a reduced charge, in exchange for a reduced punishment.

Which of the following professions, when charged with a crime, is more inclined to choose a bench trial over a jury trial?

Police officers

Police Officers

Police officers are considered an important component of the courtroom work group. In general police officers are considered as lay/fact witnesses in a trial. A few are designated as an expert witness if so declared by the court in the field of firearms, narcotics, forensics, areas of specialized investigation, etc. If a typical beat officer has made the arrest, he is probably a lay/fact witness. As a lay/fact witness, a police officer's testimony is generally confined to basic facts concerning the case such as what they saw, what they heard, what they did, etc. Lay / fact witnesses are generally not permitted to render opinions.

According to the above video, the gate keeping process discussed is referred to as?

Prosecutorial Discretion

Real Evidence

Real evidence, which in some cases, may be direct or circumstantial, generally refers to physical material or indications of physical activity. Footprints, firearms, edged weapons, tire tracks, ransom notes, DNA and fingerprints are all examples of real evidence.

Which of the following is the most important job for a criminal defense attorney?

Safeguard the rights of the client

Which of the following cases won a conviction based on circumstantial evidence?

Scott Peterson for murdering his wife Laci Peterson and unborn son Connor

During the American Revolution the courts were used as a forum to dispute unjust laws imposed by England such as:

Taxing paper & tea Taxing various other goods Taxing trade with non-English nations

Testimony of Witnesses

Testimony = evidence that is offered orally by a sworn witness on the witness stand during a criminal trial.

Court-Appointed Counsel

The Sixth Amendment to the U.S. Constitution guarantees all criminal defendants the effective assistance of counsel. A succession of decisions by the U.S. Supreme Court has mandated that defendants who, without the ability to pay for a private criminal defense attorney, must receive competent legal representation during all stages of criminal justice processing. The Sixth Amendment guarantees criminal defendants the effective assistance of counsel. Powell vs Alabama (1932) required state courts to appoint counsel for capital defendants Johnson vs Zerbst (1938) required federal courts to appoint counsel for indigent defendants Gideon vs Wainwright (1963) required state courts to appoint counsel for indigent defendants

The Bailiff

The bailiff is typically a law enforcement officer also referred to as a court officer.

Direct examination

The first round of questions is asked by the prosecutor to his or her witnesses and is known as direct examination.

The Professionals:

The group of courtroom professionals include judges, prosecutors, defense counsel, public defenders, and others who are paid to serve the court. Professional courtroom participants are also referred to as the courtroom work group.

The Court Reporter

The job of the court reporter is to create and maintain a record of all that happens during a trial. A court reporter is professionally licensed and/or certified to record court proceedings. Court reporters typically record spoken words using a phonetic code on a stenotype machine.

According to the above video, prosecutorial immunity means............

The prosecutor cannot be sued in civil court

Adversarial System

The second point to remember is that criminal trials under our system of justice are built around an adversarial system (prosecution versus defense) and that central to this system is the advocacy model. The advocacy model calls for both sides of the case to have legal representation.

Voir Dire

The term "voir dire" translates to "tell the truth" from the Latin phrase "verum dicere".

Stages of a Criminal Trial

The typical stages of a criminal trial include: trial initiation, jury selection, opening statements (prosecution and defense), presentation of evidence (prosecution and defense), closing arguments, judges charge to the jury, jury deliberations, verdict, sentencing or release

Probative value

The value that evidence has in proving or disproving something.

The Court Room Work-group

These are professionals who are experienced in criminal trial courtroom practice and who are authorized to conduct the business of and for the court.

The Verdict

To find a defendant guilty of a crime, the jury must agree that guilt has been proven beyond a reasonable doubt. Once a jury reaches a verdict of guilty, the defendant stands convicted of the crime alleged. Once a jury reaches a verdict of innocent, the defendant stands cleared of the charges.

Challenges

To prevent the inclusion of biased jurors, both the prosecution and the defense can challenge the selection of a certain number of jurors.

Trial Initiation

Trial Initiation helps to meet the speedy trial requirements by actually starting the criminal trial process.

Match the standards to the appropriate jury according to the above video

Trial Jury: 1. Proof Beyond a Reason Doubt 2. Decides Innocence or Guilt 3. Unanimous Decision Grand Jury: 1. Determines Probable Cause 2. Does Not Decide Guilt or Punishment 3. Majority Decision

Jury Selection

Trials begin with the selection of a jury. Jury pools are typically selected from voter registration records, tax records, or motor vehicle records. After the jury pool is selected a process called "voir dire" takes place, in which the judge, prosecutor, and defense screen potential jurors.

Defendants

Typically, the defendant in a criminal trial must be present in the courtroom during relevant proceedings. Most criminal defendants are come from lower economic circumstances. Many are uneducated and, due to their circumstances, do not feel connected to the foundational ideals that the criminal justice process is based on. Most criminal defendants do not have adequate resources, of their own, to face the full strength of our criminal justice system and remain somewhat resigned to being powerless against it.

According to the video, trial level federal courts are known referred to as.............

United States District Courts

The Non-Professionals

Victims of crime, criminal defendants, and most witnesses are usually less inclined to participates in criminal trials. Most non-professionals in the courtroom don't want to be there but they are a crucial part of a criminal case and a criminal trial.

Do you think the United States should adopt a professional jury model?

Yes

A defense attorney is

a lawyer whose job it is to represent the defendant after arrest and to see that the defendant's civil rights are protected during processing by the criminal justice system.

Assisted appointment:

also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list. After serving an initial term, the judge must be confirmed by the people in a yes-no retention election to continue serving. [R1]

Unsecured bonds

are based on a court-determined dollar amount of bail. Like a credit contract this bail requires no monetary deposit with the court. The defendant agrees in writing that failing to appear will result in forfeiture of the entire amount which might be taken by seizing property.

Judges

are either elected or appointed officials, depending on jurisdiction, who preside over a court of law and who have the authority to hear and conduct trials as well as sometimes decide cases.

Prosecuting attorneys

are the legally authorized representatives of the people due to the belief that violations of the criminal law are an offense, not only against the victim but also are a violation against the public.

Challenges for cause

are used to disqualify jurors whose background or statements may be seen as prejudicial.

Signature bonds

authorize a defendant's release based on the defendant's written promise to appear. Signature bonds involve no particular assessment of how dangerous a defendant may be or how likely the defendant is to make future court appearances. They are used only in minor offenses such as traffic violations or petty drug cases.

A property bond

can be used as a substitute for other items of value in lieu of cash. Real estate, land, cars, stocks, bonds, negotiable instruments and other forms of property may be relegated to the court to ensure the defendants appearance in court.

Rules of evidence are used to

decide the admissibility of evidence into the courtroom and other procedural requirements used to determine the direction of a criminal hearing and trial.

Jury sequestration is

designed to limit jurors exposure to the media to avoid influencing their objectivity. Sequestration is also used to protect jurors from exposure to bribes, threats or undue persuasion. Juries that are sequestered are usually housed in a hotel for the length of the trial and their access to news media is closely monitored.

Methods of state judicial selection

differ from state to state. Every state has a unique set of established rules to govern how they fill their state and local judiciaries, that being said there are five typical methods: [R1]

ROR

does not require a cash bond but does require the defendant to agree in writing to return for any subsequent court proceedings as required by the court.

Conditional release

imposes a set of requirements on the defendant that might include: drug treatment, protective orders, getting a job, etc.

Legal guilt

is a more ambiguous term and is proven only when the prosecution has presented evidence that is sufficient to convince a jury (or in the case of a bench trial the judge determines the verdict) that the defendant is guilty as charged.

Third party custody

is when the court assigns custody of the defendant to an individual or an agency that assures their appearance at subsequent court dates.

Deposit bail

is when the court is in the role of bondsman by allowing a defendant to deposit a percentage of the full bail amount with the court. Courts that use a deposit bail program typically will return the amount of the deposit to the defendant except for a small administrative fee (1%). If the defendant fails to appear in court, then the entire amount is forfeited.

Private attorneys typically work for

law firms or have their own legal practices.

The criminal trial itself starts with

opening statements that are made by the prosecution and the defense.

Additionally, both the prosecution and defense have a set number of

peremptory challenges, which permit them to remove prospective jurors from consideration without cause.

In this evaluation of the evidence, judges must also determine the

probative value of an exhibit of evidence to guard against any possible inflammatory or prejudicial elements.

Factual guilt

refers to being able to prove whether the defendant is truly responsible for the crime they are accused of. If the defendant did it, then he or she is, in fact, guilty.

Today, In the United States, voir dire refers to:

the court process where prospective jurors are questioned by the prosecution and the defense. The questions are designed to look into their backgrounds to find any possible bias or prejudice before being selected to sit on a jury.

If the objection is overruled,

the question is deemed proper and the questioning continues.

If the objection is sustained,

the questioner must withdraw the question and the jury must disregard it and any response that was made by the witness (but can you really un-ring the bell?).

The trial initiation process indicates that

the trial will begin within a reasonable period of time.

Public Defenders

A public defender is employed by the state to represent indigent defendants. Most public defender programs rely on full-time, salaried staff including defense attorneys, defense investigators and office personnel.

According to the above video, which of the following is NOT one of the elements of a court diversion contract?

A period of incarceration

2 Purposes of Early Intervention Programs

1. To collect and present information about defendants who have just been arrested and what release options or programming are available that can be used to help court officials decide pretrial release options. 2. To help supervise defendants who have been released prior to their trials to ensure they fulfill any court ordered conditions of release.

Two Purposes of Bail

1. To ensure the appearance of the accused at required court dates. 2. It is supposed to prevent persons not convicted from suffering imprisonment unnecessarily.

Two Purposes of Arraignment

1. To formally advise the defendant of the specific nature of the charges against him or her. 2. To give the defendant the opportunity to enter a plea if they choose to do so.

According to the above video, what other amendment was greatly expanded as a result of the Gideon decision?

14th

According to the above video, what is the average tenure of a Supreme Court Justice?

16 years

Based on the above video, how many more cases do state courts handle than federal courts?

30%

According to the above video, what percentage of arrested people qualify for a public defender?

80%

It is estimated that anywhere from

90-95% of all criminal cases are handled with a plea bargain.

Jurors

A juror can be selected for either a trial jury or grand jury and then are tasked with the job of making a decision based on facts presented in a court of law. After hearing all of the facts in court, jurors then are expected to decide the guilt or innocence of the defendant. Jury size varies from state to state.