Court System Ch. 4-6 Exam

The Operation of Elective Systems

-2/3 of states choose some of all of their judges through partisan or nonpartisan elections. Campaigns and voters -Many elections fo uncontested -Contests more likelyy wot states with partisan election systems -While elections are contested, they vary in several respects; Quiet or Noisy contests. Most are quiet -Unlikely to learn much about the candidates before going to the polls. -Candidates gender and ethnicity are influences on non-partisan elections -Noisy contests- candidates spend substantial amounts of mom, more common at Supreme Court level. Interest groups are aware that court decisions are important. Judges, parties and other intended groups found that affective campaigns can be waged against judicial candidates on the basis of policy issue. -Issues: Personal injury law and criminal law- judicial policy on these two categories. The situation of Incumbents -Great majority of sitting judges win relection -Challengeers with lower court experience do relatively welll -Name recognition- important -Partisan labels are more likely to win Interim Apointment -Govornor fills vacancies between elections -Appointmnent varies considerably from state to state.

Criminal Pre-trial Process

1.Arrest/Criminal Charfes 2.Arrest Warrent/ Complaint charge/Affidavit of pronbable cause 3. Summons/complaint/probable cause -Grand jury indictment 4. Preliminary Arraignment -Charges -rights -bail- straight cash, percentage bail, unsecured bail, release on own recognizance, bail conditions. 5. Preliminary hearing/Waiver 6. Formal Arraignment/Waiver -Charges, rights, bail 6. Case Analysis/plea negotions/discovery 7. Pre-trial conference Drug treatment program- -Punishment=jail -Go to counseling, staying sober, getting a job. -Charges expunged after completion -Plea guilty into it -Plea guilty Colloquy- question and answer for defendant about rights giving up (plea agreement). Judge goes over it and signs it. -Open plea- don't know sentence beforehand. Two ways of arresting: -Seeing you commit crime -Arrest warrant -Affidavit of probable cause for search warrent (swears to tell truth) -Enoguh to issue warrant for arrest; proof. Minor offense- -Citation and gets something in mail (summons) for prelinaru hearing Grand jury indictment -federal system -To supena documents, investigate -US attorney and assistant US attornyes -Secret preceedings -Vote to indict someone a charge, for charging purposes. -PA doesn't use this, use it for investigative ways Preliminary Arraingment -Hours after arrest; first opportunity to be in front of judge -Mageserial district judges -No defense lawyer usually -Explains charges, rights, and bail determination Bail - Monetary= Straight bail/cash bail- incarcerated until pay it or property of equivalent value (collateral). Makes sure you come back to court -Percentage bail (10%)- Fixed amount, but released at a percentage of that bail- usually 10 percent. if you dont pay it and violate terns of bail you owe court system the balance and get incarcerated, primary violation- not being at trial Conditions- no drugs/alcohol, no contact with victim, co defendents, no liquor stores, etc. -Unsecured bail- Monetary figure- but only pay money If you violate -Release on own recognizance- No monetary amount, released but cant legally leave the country. If violated, bail just be arrested. -Bail conditions- associated with each level of trial. -Bail bondsmen- pay bail for you, insurance policy (bond) % of amount paid to bail bondsmen. Preliminary Hearing/Waviver -1 week after arrest -Common wealth hears a burden of proof -Evidence, defense attorney -bear a burden of proof -Hearing where evidence and witnesses and attorneys will prosecute -Magisterial district judge hears the case -Get a lawyer, plea or fight it -Copy of criminal complaint (charges) and affidavit of probable cause (police officer has sworn to tell the turuth about what they know about the case) what happened from their pov -Burden of proof is different in trial (guilt beyond a reasonable doubt) -At Prelimiary hearing, it is a low level, Prima Facia (on its face): Bind charges over for trial. Credibility of a witness is not an issue at heating, forced to take it at face value, at this stage or dismiss the case. Meeting burden of proof= case is bound over for trial -Perosectuion not showing everything yet, only investigation officer (affidavit) at this point -lock witnesses into testimony (defense)- -Defense doesn't know what's coming yet -Defense doesn't put any evidence at hearing yet. Usually just cross examines witnesses -Affidavit of probable cause- can be questioned by defendant -Hearing of record, it is transcribed. -Plea agreements/bargains for a lesser offense. -Plea agreement- would waive the preliminary hearing and go straight to trial for guilty plea. -If no plea agreement is set out but waiving preliminary hearing is no way admission of guilt. benefit- speeds up process and negotiates bail agreement in jail. -Cluent can get out of jail, but cant violate it -Agreement on bail to temporarily get out of jail before trial; why preliminary hearing is waived -250,000, prosecution will not object to unsecured bail and defense can be released that day. -reduction in bail -next step-formal arraignment Formal Arraignment -By a trial judge -Reading of charges, rights, and bail requests (if not already set out) -prosecution, defense, and defentend -waiving right- documentation that defendant is giving up that right Case anaylsis/plea negation/discovery -case analysis- strengths and weaknesses -plea negotations- shaped by case analyais -discvoery/evidence by prosecution and defense. Brady violation- failure to show evidence (prosecution) -Affirmitive defenses bring about burden on defendant (ex: insanity (by defense)). -Evidence exculpatory= may prove you innocent. Prosecution has to provide it. Pre=trial conference -Guilty plea colloquy- What pleading guilty to, etc. Defendant has to answer questions and defense attorney had to sign it. -Plea- written and oral. -Judge asks those questions again orally and it is transcribed -Scheduling order- agenda from this point to what is going on going foward Motions Practice -written requests of court to do something -By defense -habeous corpus, speedy trial, suppression of evidence, motion to dismiss, motion run liminae- request that certain testimony be excluded. The motion is decided by a judge in both civil and criminal proceedings -Impacts case analysis and plea agreements Final Pretrial Conference -Guilty plea, sentencing later -if not reach plea, trial continues -PSI report done by probation department- before sentencing to form sentencing.

Who are our judges

Federal courts -Attornyes, upper-educational requirements in federal courts. (Ivy League schools) mostly white males -Politically active -Soceoeconomic background= higher class; rich. -Top of legal field before becoming judges State system -Broader representation in state system -Number of attorneys increased by 4x; more diverse. -More minority/women judges

Career Experience

-A wide variety of career paths can lead from law school to a judgeship Private Practice -The great majority if judges engaged at some point in the private practice of law -Higher courts- lawyers more from practice to first judgeship and then to a higher court The Other branches of government -Some spend first few years after law school working for the government and into private practice. Others came into the bench directly from government service. -A lawyer working for the government has an advantage in coming to the attention of people who choose judges -Criminal prosecution is the most common form of prior government service for judges -Same people become judges after holding high positions in government that dont involve legal work- governors have become state Supreme Court justices The Judicial career ladder -Most judges reach the bench at middle age or later and service on one court is not required to obtain a seat on the court above it- still common to ascend upward. - Widespread feeling that service on a lower court helps to qualify a person for a higher judgesip- prior service can also aid with name recognition. -Promotional pattern is strong in state courts, but also in federal courts

The Impact of Formal Selection Systems

-Actual process by which judges are elected, attributes of people chosen as judges, and behavior of judges and courts- impact Effects on Selection Process -Systems do operate differently in practive -Judges are least vulnerable to electoral defeat in states with retention elections. Partisan election states give political parties best opportunity to influence process -Differences not as great though: (similarities) 1. Govornor typically has a great deal of impact across 4 most common systems 2. Each system judges are likely to remain in their positions as long as they want. 3. All judicial selection processes are political in the sense that considerations other than merits come into play. Effects on Attributes of Judges -Supporters of Missouri plan-= it will strengthen the qualifications of judges as measured by traits such as educational attainments and legal experience -Similarities among formal selection systems in the ways they actuallyy work. Any system draws judges from the pool of eligible and interested lawyers, a pool that is affected only to a limited degree by the formal rules for selection (Criticisms) -Traits of judges do not vary greatly by selection system. -Formal systems might produce stronger effects on traits that have not yet been studied. Effects on the behavior of juges -Systems put different kinds of judges on the bench- not true -Systems subject judges to different kinds of influences once they reach the bench (debatable)

Magisterial judge- process

-Apply. Vacancy created and elected by District court judges within district serving in. -Advertisements in legal journal and for federal magistrate position. Lawyers sift through application. -Have to be a lawyer, experienced. -Committee schedules interviews and make recommendations to federal district court judges -Federal district court judges make decision. -East, Middle, and western district (PA)- US district court judges vote on federal magistrate judge in their districts. -Term= 8 years- Reaooiubted for successive 8 years to cap on selection. Full time, pass well, given a staff by government, UA marshals- security. -Minor courts, but still good job. -Can no longer practice law, full time.

How to become Chief Justice of The US

-Appointed by president and confirmed by senate -After death, etc. Vacancy is open and anyone can be nominated (lawyer) sometimes associate justice elevated to Chief Justice. -John Roberts was not a justice on court before appointment. Before Roberts= William Ranquist -1 chief 8 associates -5 justices to make decision Circuit-panels of 3- 2/3 majority District- 1 judge

Guest speakers

-Attorney Paul waker- criminal defense attorny -Margaret Bisingani Boyle- trial judge -Lackawanna county

Social Background

-Attributes they cannot control- parents social and economic status, race and gender Social and economic status -Most come from families of higher than average status- easier to Pau costs of college education and law school. -affords some people an advantage in entering most prestigious schools and law firms and advancing their careers in Polaris and government -More than 1/2 federal court appointees since 1993 attended private unergraduate colleges. Nearly 1/4 of courts of appeals appointees went to Ivy League schools -State Supreme Court justices- only 7% went to Ivy League schools -Lower court judges are a more heterogenous group (poorer backgrounds). Race and Gender -White men -Poverty and racial discrimination limited numbers of nonwhite citizens who could obtain collegee and legal educations -Admissions policies restricted women -Proportion of judgeships jelled by women and racial minorities has grown sine the 70s -Increases reflect the changing composition of legal profession, reduced discriminatio in the profession, enhanced political power of groups representing racial minorities and women, and changing attitudes of people who select judges

Magestiral district court in PA

-Candditate runs in primary, gets elected in general only run in magisterial district that they're running in. Only those in that district can vote- 6 year term. Relection- can be challenged. No retention -Part-time, well paid and receive benefits from government and can practice law. -Can't practice certain types (criminal law) -can't appear before magestiral district judges -Decide bail, etc

Several Areas of performance

-Competence, commitment to the job, judicial temperament and impartiality Competetence and commitment -Ability to handle the job effectively -Most fifficult to define and measure -All judges have received legal training (except at the lowest level of courts)- legal education does not guarantee competence as a judge anymore than it guarantees comepteneas an attorney -Differ widely in their competence; a great many are high regarded, but others are considered unable to carry out their jobs effectively. -Bc of freedom from direct supervision, they may work long hours or not work as hard, being less committed -Appropriate commitment seems lacking when a judge does not deal seriously with cases. Judicial Temperment -Difficult to define, but easier to recognize. Judicial Temperament -Difficult to define, but easier to recognize -Judicial temperment- maintain composure and refrain from misusing their power by bullying the people who come before them or acting arbitrarily -Most meet this standard -Respectful and calm Impartiality -Should be sufficiently open minded to give a fair hearing on both sides -Troubling when a judge views about a particular class of cases are so strong that the judge's decision in such cases seems preordained -Form of bias toward specific group im the popilation- (women and racial minority prejudice) -Biased by career interests in order to keep their positions or obtain promotions may sometimes follow majority vires among the public or avoid making unpopular decisions to keep voters. -Judges may be swayed by contributions to their campaigns from litigants and layers. Evidence that contribution sometimes have an independent effect on judges decions -PErsonal relationship with litigants or lawyers can bias judges judgements -Finanical conflicts of interest cause another form of bias decision could effect the value of a judge's stocks or other ficnaical holdings. Less often, judges have a closer economic relationship with litigants or other interested parties (bribery). -When judges have a conflict of interest, the usual remedy us for them to recuse themselves from cases that raise the conflict, so that another judge is substituted or (as on the Supreme Court) the court decides a case with less than its full complement of members. - standard practice when they have some. kind of fincanial stake in the ase- stocks, etc. -Also do so when the court hears a case on which a justice worked as a lower court judge -Sometimes litigants ask judges to recuse on the ground that statements they have made in court procedures or outside the court indicate that they are biased toward one side. -Sometimes litigants seek recuslas in order to remove seemingly unsympathetic judges from the case.

Sentencing Systems

-Congress and state legislatures select their own statutory systems for sentencing. -Difference among systems: amount of discretion that is given to two decision makers, the sentencing judge and the parole board that sets release dates for peisoners. -For the most of the 20th century- American sentencing systems generally granted broad discretion to judges. -Late 20th century- state and federal government amended sentencing systems in an effort to reduce discretion- sentencing guidlines for judges. -Varient of mandatory minimum sentences and three strikes laws. -Elimination of parole boards

The Selection of Federal Judges

-Nominated by President and confirmed by the state -Majority vote by senators is required- Confirmation can be clocked by inaction or negative decision in the senate judiciary committee or a "hold" or filibuster. 6 votes required to end a fillibuster -Recess Appointment= nominee takes bench immediately until end of next senate session- rare -Federal judges hold their positions for life except for "legislative courts"

Criteria for Sentencing

-Consciously or unconsciously -attributes of both the criminal offense and the defendant. -Legitimate bases for decisions= serious of offense and prior record. -Illegitimate- economic status and race -Employment status and family situation- subjects of disagreement. -Issue on analysis of sentencing decisions is the relative importance of legitimate and illegitimate criteria Seriousness of the offense and defendant's prior record -Significance of offense in determining whether the defendant goes to prison and length of their prison sentences. -most important factors. Race and economic status -Considerable evidence that African American and latino defendants continue to be disadvantaged in comparison with whites. -Discrimination may be related to the race of the victim as well as that of the defentnt -People convicted of crimes against whites are punished more severely. -Blacks more likely to be convicted with death penalty for murdering white person. -Economic status affects treatment of defendants- higher status people tend to revive more client sentences than do people with lower statutes with same offenses. Higher status people tend to have better resources and judges identify themselves more with them -Defendant's status has a decisive impact on the death penalty- poor people targeted more. -Defendents in white ollarcrime cases tend to enjoy advantages at all stages of the CJ proess- law treats it as minor, hard to build cases -Individuals convicted of white collar crimes receive lighter sentences than those convicted of there crimes, even crime that seem comparable (but they involve no violence, and perpetrators usually have no prior record and appear to be good candidates for rehab) -Demands far more serious responses to white collar crimes- less likely to receive substantial prison sentences today.

Types of criminal cases

-Criminal cases- the government charges people with offenses for which they may be punished if found guilty -Line between criminal and civil cases not entirely clear cut, may overlap in a single incident (car accident) -Congress and state legislatures enact statutes= define criminal offenses -Product of political decisions -Number of criminal offenses grows over time -Legislatures learn about new social problems and react by enacting new criminal laws. -Statutes label criminal offenses as felonies or misdemeanors -Felonies- serious with strongest sanctions, at least 1 year in prison or death, etc; violent crimes. -Misdemeanors- pity theft and gambling- go to minor trial courts in states and federal misdemeanors are handled by magistrate judges rather than district judges. Traffic and parking offenses, etc -Felonies are tried in major trial courts of a state system -Juvenile courts handle felonies, misdemeanors, truancy, running away from home.

A Summary of Court Procedures

-Criminal courts operate under laws and rules that establish a series of formal procedures for handling cases -Framework for court action, but action also shaped by informal procedures and routines. Formal procedures and the way they operate in practice are important Formal Procedures -differ among states and individual courts. Different cases heard in same court- different procedure. Possible to provide a broad description of sizes through which cases usually go -Felony procedure: 1. Arrest and booking. 2. Filing a complaint. 3. Initial appearance by defendant in court. 4. Preliminary hearing or examination. 5. Grand jury indictment or filing of info by the prosecutor. 6. Arraignment of defendant. 7. Procedures to prepare case for trial: discovery, motions, conference. 8. Trial. 9. Verdict. 10. Sentencing after guilty verdict. -Arrest by police based on formal complaint on a warrant or police observation; after arrest a. complaint against defendant is filed with the court. -Initial appearance in court- informed of criminal charges and applicable procedural rights. Bail is set, sometimes called an arraignment (confusing) -Preliminary hearing or preliminary examination- prosecution must show probable cause to believe that the defendant committed the crime indicated by the charge. Presents evidence (prosecutor) if judge finds probable cause, the defendant is held for further proceedings -In federal court and states that use grand jury- prosecutor presents evidence to that body, On that evidence, jury decides to indict and on what charges. In states without grand jury the prosector simply files on information, attesting there is sufficient evidence to try the defendant. -Criminal courts operate under laws and rules that establish a series of formal procedures for handling cases -Framework for court action, but action also shaped by informal procedures and routines. Formal procedures and the way they operate in practice are important Formal Procedures -differ among states and individual courts. Different cases heard in same court- different procedure. Possible to provide a broad description of sizes through which cases usually go -Felony procedure: 1. Arrest and booking. 2. Filing a complaint. 3. Initial appearance by defendant in court. 4. Preliminary hearing or examination. 5. Grand jury indictment or filing of info by the prosecutor. 6. Arraignment of defendant. 7. Procedures to prepare case for trial: discovery, motions, conference. 8. Trial. 9. Verdict. 10. Sentencing after guilty verdict. -Arrest by police based on formal complaint on a warrant or police observation; after arrest a. complaint against defendant is filed with the court. -Initial appearance in court- informed of criminal charges and applicable procedural rights. Bail is set, sometimes called an arraignment (confusing) -Preliminary hearing or preliminary examination- prosecution must show probable cause to believe that the defendant committed the crime indicated by the charge. Presents evidence (prosecutor) if judge finds probable cause, the defendant is held for further proceedings -In federal court and states that use grand jury- prosecutor presents evidence to that body, On that evidence, jury decides to indict and on what charges. In states without grand jury the prosector simply files an information, attesting there is sufficient evidence to try the defendant. -In states where early stages of felony cases handling minor trial court, the case now moves to a major court. Next stage= arraignment (formal charge/charges) plea to charge is entered -After arraignment- discovery- allows defefendent to examine the prosecution's evidence and vise versa. Judge may initiate a pretrial conference to clarify the issues. Prosecution and defense can also make pretrial notions -At trial, both sides present evidence and arguments on the issue of the defendent's guilt. Verdict is reached and if found guilty, a sentence is set- Judge may intervene by granting a defense motion for acquittal if insufficient evidence is found,. May override jury conviction. Not jury acquittal, new trial. -Defendant has the right to appeal. Presidents and governors have the power to issue pardons of reduce severity of sentences by commuting them. -Formal Procedures for misdemeanors- simpler, grand jury not used and preliminary hearing omitted. -Juvenile courts- less formal Court Procedures in practice 1. Cases go through a winnoring process; some dropout at some point between arrest and trial -Cases get eliminates by prosecutor's decision not to file charges -may be dismissed by the judge -some may be diveted to treatment or rehabilitation or adjucation (dismissed at a later tine) -Defendents may plead guukty; no necessary. -A small number of cases with felony charges result in trials= becoming less common 2. Frequent bypassing or abbreviation of prescribed procedures. -Even defendents who plead not guulty may waive some preliminary proceedures such as pretrial hearing and grand jury's consideration of indictment -Formal proceedings may be takers with far more speed and less care than rules would suggest. -Misdemeanor cases= extreme abbreviation; formal stages are virtually unrecognizable 3. Length of time between an arrest and final disposition of case= short, constitution guarantees right to a speedu trial and caryness and legilsatures backed right by setting time limits. -Delay penalizing defendents jailed prior to trial -Delau makes convictions harder for witnesses who may not remember -Bc of pressure to dispose of case in a set time: some defendants not charges, others dismissed or divereted and plea bargains made and accepted.

How to become a judge

-Deciding on being a state or federal judge -Federal lawyer wanting to be a federal judge US district court (fed system) -Need to become nominated by president and confirmed by US senate -Needs to be an opening, by retirement or death or impeachment, or caseload and population number warrant more judges. -Committees conduct interviews and information sent up to president and staff. -Cant be political (biased) when they're judges can still vote, etc but cant do certain things. Home/family can still do them -Vacancy- committee in charge to find someone. (of lawyers). deep dive into nominees life- dusclosing potential issues. Cant be politically messy. needs to be likeminded and pass confirmation process -51 have to vore in favor for nominee -Try to pick someone in favor of the senate, not opposite side, but a moderate. No extreme vires. Both sides can get along with-- nominated by president -Not enough judges to fill positions, but now president trump is filling them. Republican president and senate. -Vote it up or vote it down -Approval- out of committee to approve and run a floor vote on confirmation -Filibuster- keep talking; control the floor. To control the time about anything. (Cannot do this anynmore)- dangerous bc it is a good tool too have when you where a minority. -Nomination for judges- by president and confirmed by senate (approved by senate's party) -Fillibuster- block confirmation vote; result in dropping nominee -Kavanaugh lively nominee election -Bork- nominee to Supreme Court and went through bad confirmation process. Didn't get on bench. "Borked" withdrawing name from being nominated. -Meet individually with senators (nominee) to get votes. -Full vote- simple majority= 51/100 (more than 1/2 to confirm a vote) -2/3= super majority -Motion for clture- to shut up filibuster (2/3 vote) hard to get. -After confirmation term is life in good behavior (to avoid impeachment). Indicted by the house of Representatives and tried in US senate and senators are jurors decided on impeachment or not; presiding person is chief justice of US -Only removed by impeachment- crimes. Retiring, resigning or death.

The Effectiveness of trial decision making

-Every case has a factual reality and set of applicable legal rules -Occasionally, the law and facts comi=bine in such a way that they leave correct verdct uncertain -Majority of cases a decision maker who is all seeing , learned, and objective woild invariably reach the correct verict. -Issue: Extent to which juidges, juries in trials can reach correct verdicts Problens in decision making -Judges and juries decide cases on the basis of the info they are given. Often incomplete and innacurate -Incomplete evicene- sometimes valuable evidence doesn't exist; might be no witnesse,s weapons may be undiscovered, some witnesses don't come forward, etc -Innacuracy- Witnesses recollection may bit ve accurate, can't rememeber perpetrator, false confessiomns -In trials where differeing interpretaro=ions of the dacts are possible, choice may be exceedingly difficult- assessing truthfulness of witnesses. -Jury likely to do a highly impeorfect job asserting the relavent facts -Applying legal rules to facts- rules may be ambigious and difficult to apply. The impact of the Adversary system -Teo sides contest a case at trial, designed to minimize these problems mentioned -Each side presents strongest possible case until truth comes out -Clash between 2 sides cannot eliminate the inherent difficulty of reaching a correct verdict and one or both sides may be incapable of presenting anything like the strongest possible case. -Negative and positive effects of adversary system: Negative= desire to make a strong case can cause attorneys to obscure facts rather than illuminate them, or to increase prejudice; fighting to win. -Illustrated by jury selection and bias trying to find jury supporting their side. -Also affects testimony of witnesses. They feel a stake in the outcome. Some lie for their side- cross examination for precvention -Misconduct- making improper arguments (mischarging evidence and misstating the law) and failute to give defense attorenys evidence that favors the defendant, sometimes indicating the defendant's innocence -Problematic when ne side has an advantage over the other in its ability to make an effective case- differences in wualities of attornyes (reflects economics- richer people can afford better lawyers) Judges and juries as decision makers -Many argue that juries are inferior to judges in competency of deicion making- lack of expertise and experience -advantage- a miultimember body has diversity of experience -Defense lawyers generally choose jiry trials rather than bench trials bc jruirs are more likely to acquit -Jurors relative ienency reflects their tendencu to midify the law to fit their own sense of equity -Differnece between judges and juries might result from juries demanding a higher level of proof for conviction -Juries more "acquittal-prone" compared with judges when defense puts on a relativelu strong case. Assessing Criminal Trials -Trials= highly imperfect means to reach correct verdict= some innocent people are convicted and some guilty people are acquitted -Number of guilty defendents who are acquitted is far higher than the number of innocent defendents convicted -In many trials, the facts ,and law are such that one result is virtually guaranteed, in others there is enough uncertaintiy, and wrong verdict may be reached. -Two processes (plea bargaining and trials) differ less in result than they do in form.

Enhancing the Quality of Judges

-Extent of these inadequacies might be reduced and the overall quality of judging enhanced in three ways: Selecting better judges, removing inadequate judges and improving the performance of sitting judges. Selecting better judges -Put the most qualified people on the bench. -Many lawyers and juges- best way to achieve that goal is the adoption of the Missouri plan- nominating commissions to identify the most promising candidates for judgeships -Uncertain whether the Missouri plan actualy affects the quality of judging. Nominating commissions remove truly unqualified candidates from consideration in a way that other systems do not, but it is unlikely that it has a dramatic affect -Criteria other than qualifications affe the selection of judges under Missouri plan and performance is not clear from records. -Another approach: Raise judicial salaries; moe of an incentive to remain on the bench and good prospective judges will be more interested in serving. Removing Inadequate Judges -Removal methods -Where judges do not hold like terms, simplest method is to deny them reappointment Or reelection when terms end. Imperfect for 2 reasons: 1- judges tend to win new terms no matter what their level of performance has been. 2. Judges who do lose their seats are not necessarily those whose work is most deficient- most failures to win a new term stem from factors other than the quality of judging such as unpopular decision and unfavorable partisan tides. Bad performance occasionally leads to electorall defeat or nonappoinment -Fed and state courts subject to impeachment. Judges can be removed if impeached (in effect, charge d with an offense) by the lower house of legislature and convicted by the uppoerhouse. Occasionally employed in extreme cases -Legilsatures seriously consider impeachment only when there are allegations of extreme misconduct. So this mechanism has little application to problems suchh as tyrannical behavior. -Judical conduct commission: People can make complaints against judges to the commission on grounds such as misconduct in office and failure to perform judicial duties : Screens complaints, investigates those who have possible merit and recommends disciplinary action to the state Supreme Court. From private admonition to retirement. Commissions guided by Code of Judicial conduct by ABA. -Judges are found guilty in only a small minority of the complaints that commissions receive. Those found guilty are subject to a range of sanctions- mildest- communicated privately to judges- most common. More serious sanctions are not rare -Federal level- judicial council of each federal circuit serves as a conduct commision- may investigate a complaint go misconduct against a judge if the chief judge of the court of appeals things that investigation is merited. Council can take appropriate action short of removing a judge from office- generally handled complaints effectively, but not so well in high visibility cases. -Decsions to take formal disciplinary actions against judges are rare Improving sitting judges -Organized education programs: irientation for new judges and continuting education for sitting judges. Few states require training, but a large minority impose such reuquirements and those who serve on specialized courts. Programs improve skills, but hard to asses impact overall -Help for judges with decifiences that need correction (all, pych problems) -Some not willing or not able to improve- limitations.

The Lower Courts

-Federal district court judges and court of appeals serve only one region of the country. -More judges -Changes in selection of lower court judges especially for the courts of appeals The Nomination Process -Staff members in the White House and justice department -Made with senate in mind -District judges represent a single state. -Interest groups influencing (such as ABA) -They campaign for those positions Criteria for selection -Used to be by reward as primary criteria. -Lower federal courts make important policy choices -Result: selecting nominees on basis of perceived attitudes toward issues of judicial policy -Variation between the distinct court and courts of appeals from one nomination to the next and among administrations- Weight that presidents give to selection of judges with strong ideological positions. -Policy preferences then become primary criterion for selection of courts of appeals nominees. Senate Confirmation -Senators now move willingly to block confirmation of nominees (especially in courts of appeals) -Confirmation traditionally tied to senatorial courtesy. If home state senators from president's party did not support nomination, judiciary committee did not consider it. -Negative side= home state senators still havve considerable power to prevent confimation -Average time for nomination to confirmation has lengthened considerably.

The Operation of Appointive Systems

-Gubernatorial appointment and Missouri plan used to fill vacancies in states that elect judges. Gubernatorial Appointment -Governor's appointment confirmed by an other body (state senate) -Can consult with wide array of individuals and groups in considering nominees -Reward and policy preferences influence decisions The Missouri Plan -Formal Selection System for courts -When spot is vacant, commission has to select nominees for government to consider- based soley on qualifications; affected by other considerations, however (Partisan views, etc). -In the states the governor's choice must be confirmed by state legislature -Gives voters the power to retain or remove sitting judges through elections "yes/no"

Plea Bargaining

-Guilty or not guiulty -Most resolved through guilty pleas not trials -Why they may plead guilty: Midemeanor cases- penality is sometimes so light that it makes little sense to go undergo the expense and trouble of going to trial. Felony cases= defendant expects to receive a more favorable sentence by pleading guiulty rather than being conviced at trial. -Implicit bargain- guilty plea being more advantageous -Handeling of cases is influenced by expectation of bargaining -judges impose heavier sentences on defendents who refused to plead guilty and were convicted at trial

Consistency in sentencing

-Has to do with whether cases that have the same characteristics end with the same sentencees -Inconsistences arise at 3 levels: 1. patterns in sentencing may differ among courts .2. judges In the same court may 0adopt different sentencing practices. 3. An individual judge may operate with no firm standards, dispensing different sentences in similar cases -Severity of sentencing varies from place to place -Inconsistency among judges- different premises and different values- one sign of variation among judges is unusual sentences and conditions that they sometimes impose- reflect frustration with standard range of sentences or to garner attention -A single judge can hand down inconsistence sentences, making it unequal and problematic.

Forms of Plea Bargaining

-Implicit- occurs without face to face interactions -Explicit (3) 1. Charge bargain- prosecutor reduces the defendant's potential sentence liability by reducing the package of charges. -Horizontal= multinple charges reduced in number in exchange for guilty plea to remaining charges -Verticle= highest charges dropped in exchange for a guilty plea to lesser ones 2. Prosecutor's sentencing bargain- Prosecutor gives defendant some assurance about the sentence that a judge will hand down. Reccomends a particular sentence with expectation that judge will follow it, they're not obligated to do so. -Some invlice less diect concessions by prosecutors such as an agreement to mae no sentence recomondation or to allow the defefenctend to go before a lienent judge 3. Judges sentence bargain- judge indicates likely sentences following a guilty plea and defeendent pleads guilty. Least common and less accepted. -Multiple forms of bargainis are sometimes combined in a particular case: Example= May reduce charges and recommend sentence in exchange for a guilty plea.

Exceptions to the dominance of plea bargaining

-In all courts, some cases go to trial, in some, a high proportion go to trial. Trials in high Bargaining systems -Plea offer and some plea negotiation- part of about every federal case that goes to trial -Bargaining failure= most common reason some felony cases go to trial in federal court. -Two sides can't reach an agreement. -Sometimes defendant doesn't want guilty plea bargain. -Some kinds of cases do not lead themselves to bargains- very serious cases in which even a bargain would lead to a lengthy prison term. May be advantageous to go to trial even if acquittal is very slim -Some cases go to trial bbc one or both sides have political goals best seved by a trial. Satisfy public demandsor problaim political beliefs for support. -Some cases that are highly political end in plea bargains -Many judges and attornys get satisfaction from parricipating in at least occasional trials, can make the best use of their legal skills and many enjoy the trial setting. High trial systems and the use of bench trials -Trials before judges- bench trials consume much less time than jury trials- Puts less strain on court resoirces, fast paced

Judges (trial)

-Interpret the law in the courts. Tryer of law. Makes all of the legal decisions, jury instructions, etc -Factual decisions made by Jury- truer of fact -Hung jury= no decision made (mistrial)---Not double jeopardy

Sentencing choices: a first look

-Judges develop view about the sentences that are appropriate under common circumstances (may consider only a limited range of possible sentences).- conceptions affected by interactions with working group -Judge also influenced by probation officers reports and recomondation and proecutors. -Peoplw outside the working group influence sentencing in some cases -Heavy sentencing on cases arousing public concern. -Judges still have considerable control over sentences even with these influences- they are tailored in part to fit a judge's preferences. - judges free to reject reccomondations and bargains. -Sentencing goals: retribution (just deserts), general deterence (discouraging other people from committing crimes), rehabilitation and incapacitation.- A judge may support several of these goals, but find they point in different directions. It is often unclear what kind of sentence best serves these goals. -Time pressures limit care of sentencing and prison overcrowding inadequate probation services,diffivulty collecting fines. -Two other issues: criteria on which sentences are based, and consistency with which they are meted out.

Participants in Criminal courts

-Judges, prosecutors, and defense attorneys= greatest impact on processing of cases and on their outcomes; get to know each other well. -Core members of the working group get together pretty well and cloesness is baed on stability of the group and its size -Not always harmoneous- prosecutors and defense attorney competition is direct in cases that go to trial -Reputations and careers depend heavily on their success in those cases 1. Judges -Most hear criminal cases at least part of the time. Some hear only criminal and some are assigned permanently or for long periods to criminal cases -Play a central role in criminal cases; influence the proceedings before them -Decisions: pretrial= set bail and determine whether there is sufficient evidence to maintain case. When defendant pleas guilty, judge determines whether to accept it. Nonjury trial- judge decides to convict or aquit, with some exceptions, a judge makes sentencing decisions -Holds power of decision, exercise of power is influenced by prosecutors and attorneys -Judges make binding decisions. Sentencing decisions are often constrained by plea bargaining agreements between proescutor and defense attorney. Judges hold great influence over the processing of cases and their outcome. 2. Prosecutors -Minor cases- police officers sometimes act as prosecutors -Criminal cases- the government is represented by attorneys -Some prosecutors work in offices that deal with only criminal cases -structure of office varies with its work load -Rural counties- only 1 part time prosecutor -Metropolitan counties- large offices with full time assistants and chief prosecutor -Head of prosecutor in state system= district attorney, County attorney, or prosecuting attorney. -Eelected (chief prosecutors) for 4 years; generally win reelection. -Federal level- US attorneys are appointed by president and confirmed by senate -Assistant prosecutors, some make a career of prosecution but others become prosecutors right after graduation -They decide which cases will go to court and on what charges, present the governments case throughout the pretrial and trial stages, and also reach plea bargains with defendants. Their reccomondation influences the judge's sentencing decision often a great deal. -Exercise most control over legal system 3. Defense Attorney -Generally present in more serious cases -Less power than prosecutors and judges, but impact is still strong -Three categories: public, private, and paid by courts to represent indigent defendants -Public defenders and prosecutors similarities: work out of local offices, part and full time, like assistant prosecutors, many public defenders move on to private practice after a few years. -Some work mostly criminal and some only do it occasionally. 4. Other Court Personnel -Also influence the handling of cases; clerks (schedule and arrange cases) -Parajudges (magistrates) sometimes act in place of judges -Probation officers- supervise convicted defendants put on probation rather than a prison sentence- within the court, they produce pretense reports that judges use in sentencing decisions. 5. Defendants -Occupy the most ambitious position of all the participants in criminal cases -Must prove their lawyers decisions, limited impact on the events in their cases. May have experience or heavily reliant on. -Effect cases through their testimony, if they appear as witnesses and through behavior in court proceedings. -Most have low incomes, male, racial minorities, limited education 6. The Prosecutor's Clients -The goverment and the citizenry as a whole -Direect clients- law enforcement agencies and people who bring the complaints of crime -Prosecutors' activities depend on kinds of arrests police make and evidence the police gather. Law enforcement officers are important witnesses -Victims make criminal complaints. Have more rights to participate in cases. Can make a statement, usually in writing at a sentence hearing. They also now have a right to be reasonably heard at any public proceeding in the district court concerning release, plea, or sentencing involving the crime. 7. Witnesses and Jurors -Law enforcement officers and complaints- not important witnesses in trials -Defense attorney seeks to postpone cases to discourage witnesses from reappearing -Witnesses are also subject to intimidation by defense and people associated with them -Jurors= grand juries and petit (trial) juries- both take part in criminal cases and selected randomly from general population -Grand juries= exist in the federal system and in most states to determine whether there is sufficient evidence to indict and bring defendant to trial. Sit for a substantial period of time and hear large numbers of cases. Little independent power bc they are guided by a prosecutor. Most push juries to indict. Some dont -Trial juries- more impact on outcomes of cases -Cases that go to trials, jury decides condition and guilty/innocence 8. Criminal Courts and their Environments -Judges and attorneys use their freedom of plea bargaining -general public and officials in other branches tend to favor the prosecution over r the defense -Judges may feel more specific pressures in handling of one type of criminal offense or even their treatment of a specific defendant

Ch. 4- overview

-Judges= center of the judicial process -Make decisions that affect outcomes for parties in cases. -Indirectly affect what happens in disputes that never went to court -Different people behave differently as judges. Selection process is important. -Formal rules do not fully determine what happens in the selection of judges.

Sentencing decisions

-Largely determines the fates of defendants convicted. -Establish the actual pattern of sanctions in the Cj system -Formal sanctioning per lies primarily with trial judges

Sentencing reform through new systems

-Late 20th century- grown concern with inconsistencey and use of illegitimate criteria in sentencing led to more uniform sentencing for particular crimes. -Narrow judge's discretion, unless found a relevant aggravating or mitigating circumstance guidelines did not adequately take into accound -Wide variation in how much they bind judges\ -Mandatory minimum sentences set lower limit for penalty for an offense -3 strikes law -Sentencing guidlines, madatoryminimumes and three-strikes laws are all intended to narrow judge's sentencing discretion -Impact varies- optional (have limited effects) Mandatatory elements- have more of an impact -GUidleines and mandatory minimums effectively reduce discretion power shifted to prosecutors, did not fully eliminate inconsistencies or arbitrariness (Prosecutor's decisions about which cases to present and in what form).

Political Activity

-Most activee in politics prior to their selection -Name recognition for voters. -Public officials and political leaders favor political activists for 2 reasons: 1 goal in selection of judges is to reward political supporters and 2nd, most of the people who help to select judges are political activity themselves and many of their acquaintances are also activities- great confidence in people they arlready know. -A considerable proportion of all judges have personal ties with officials who help select them. -Higher court judges worked in leadership roles in political campaigns or party organizations. State trial judges were part activist at clubhouse level of politics -Alliance with someone who ends up in a position to select judges- important

Who judges are

-No requirements to become a federal judge -States have some restucrions- must be licensed as lawyers (lowest courts exempt from this requirement in some states) judge must have been a layer or practiced for a certain number of years. longest time required=10 years. -Some require a period if residency in the state and US citizenship. -Some- minimum age/maximum age -In practice, judges on all but the lowest courts are attorneys -Attaining status and winning election or appointment. -Attributes examined- social backgrounds, career experiences, and political activity.

Changing the New Systems

-One side- minimum mandatory sentences and presumptive sentencing guidelines unduly limited judge discretion and resulted in sentences that were inappropriately high. -Discontent with three strikes law. - Financial costs of growing prison population. - Majority of state legislatures have repeated some of their requirements for mandatory minimum sentences. -Other side too lenient.

Criminal Trials

-Only a small proportion of cases actually go to trial. -Many cases go to trial and most serious charges are more likely than others to be tried. -Trials also set standards for other court processes; descisions whether to bring charges against defendents and terms of plea bargains are hevily influenced by estimates of what would happen if a case went to trials. -There's a belief that trials are a better means to reolve the issue of guilt (effectiveness is debatable).

The Impact of Judge's Attributes

-People with different experiences may develop different sets of attitudes toward political and social issues. Their attitudes influence their decisions -Legal training and political involvement influences their thinking. -Opinions on policy issues differ between people,e or higher and lower economic status and between men and women -Jufges will have greater empathy for people who share their own characteristics -On the other hand, pimple who become judges tend to share certain experiences and perspectives no matter what their origins were. 0Studies of judges' race and gender have differed in their findings about the impact of these attributes on decisions -Experiences of men and women and of diff racial status can affect their perspectives in ways that are too specific to measure across whole categories or cases -Little systematic evidence about the impact of social class on judging- seems likely that the higher-status backgrounds of most judges subtly influence their work by affecting the perspectives that they bring to cases- look at higher class defendants more linently. - bakcgrounds affect their behavior

The bargaining process

-Process varies as much as its form -Defense attornyes usually bargain on behalf of clients. Minor misdemeanors= defendents to it on their own -Most often occurs shortly before the trial is scheduled to begin (can come earlier or even later) -Routines develop for the initiation and transaction of bargains- some places "hold court" to negotiate with attorneys. -Two sides may negotiate at several points along way to trial until they reach a mutually acceoted result -Routune to terms of plea bargains- Standard terms of bargaining- "going rates" for "normal crimes" can be adjusted for special circumstances in cases Factors reflected in "Going rates" and terms of bargins in specific cases 1.Participants sense of justice and fairness as applied to a specific offense and defentent 2.BArgainaing power rests labely on estimates of what would happen if a case went to trial; likelihood of convition and likely sentence if found guilty. 3.Severitu of caseload pressures, financial incentives of defense attorneys, negotiation of both sides, and length of time degendent has spent in jail waiting trial -Federal prosecuters- strong bargaining positions, more likely to get what they want -State prosecutors- weaker positons. If court has hevy caseloafs they may need to ffer attractive bargaining sumpky to keep court from overworking

The Quality of Judicial Performance

-Quallty of performance is important -Observers cannot agree on the criteria for assessment and how to apply those criteria -So many judges serving across the country; even active trial lawyers can have only a partial sense of the overall level of performance -Favors people who would perform their jobs at a relatively high level- selection processis highly imperfect. vary considerably in strengths and weaknesses. -NEed for realistic expectations and difficulty of evaluating judges, useful to consider what we know about their performance.

Attacks on plea bargaining

-Some people see it as a necessity, couldn't function without them -Some people see them as rational and desirable way for resolution (jair, just and increases court efficiency) 1. Some oppose it as a departure from the formal model of the criminal procedure. They see trials as the fairest means to resolve criminal cases; best way to reach result. 2. Plea bargaining victimizes defendents. Innocent people are sometimes pressured to plead guilty 3. Plea bargaining allows criminals to escape full punishment- weaken criminal law by reducing sentences in exchange for guilty pleas.-Leniency has made several places limit use of plea bargaining or eliminate it all together -Plea bargaining has strong survival powers: 1. The incentives that people have to bargain. 2. The means that exist to circumvent prohibitions

Explaining the prevalence of plea bargaining

-Two broad motivations for plea bargaining: Reducing the time rewuired to dispose of cases and achieving outcomes that seem desirable Saving time and other resources -Interest of lawyers and judges in saving time -Trials require even more time than reaching bargains- Time consuming -Plea bargaining allows judges and prosecutors to work shorter days, handel more cases in the same work day, or achieve some combination of the two -Defense attorney and prosecutrs (part time) gain finfacially from speey disposal of cases -Heavy caseload pressures on judges, prosecutors and public defenders create an especially strong incentive to dispose of cases quickly. -Trials require more effort Achieving desriable results -Plea bargains- a means for both prosecution and defense to secure acceptable results in cases and eliminate possibolotu of highly undesribale outcomes -Prosecutor gains gauarenteed convition- can also bring about what they see as the appropriate level of sanctions for defendant -Prosecutors also gain another benefit: help from one defendant in convicting another defendant.- Providing lienbency in exchange for a guilty plea and agreement to cooperate in moving a case against another defebdent. -Defense attorny and defendant get advantages; lighter sentence -Linent sentences for defendents who take responsibility for their offense -Defendants pleading guilty are systematically rewarded at sentencing compared to those convicted at jury trials The Impact of the Work Group -Attornyes and judges develop close working relationships through constant interaction and interdenpendence. Plea bargaining is facilitated by those relatiobships, fostering the development of regukar bargaining procedures and factual understandings about appropriate terms for bargains -Interdependence of work group members also strengthens the pressures for plea bargains -Lawyers and judges who refused to engage in plea bargains would encounter so much resistence that they couldn't d otheir jobs effectively. -Pressure to make and acepte bargains reduces the frequency of such resistence

An overview of criminal courts

-Types of criminal cases, participants in criminal proceeding and proceeding for handling cases.

The trial process

-Under the consitition and supreme court- defendant has right to jury trial in cases where jail or prison sentence of more than 6 months is a possibility -Federal courts- 12 member juries -States- 12 member juries= smaller juries. ¾ of states allow smaller juries for misdemeanor cases -Bench trials more common in less serious cases 1st step- Selection of jurors- Voire Dire= lawyers or judge wuestion prospective jurors and dimiss certain ones for bias 2nd step= each attorney makes opening statesment- prosecutor presents evidence through witness testimony. Defense attorney cross examines them. Present both of their cases. Trial ends with closing arguments by attorneys for each side. 3rd step- judge instructs jury on lefal rules relavent to the decision. Retires to discuss and reach a vertdict.- Federal court- unanimous vote reqwured in felony cases. -Hung jury (1 juror cannot reach collective decision)- jury will be dimissed and mistrial declared. Prosecutir initiates a retrial -Bench trials, simpler, predered and less formal thatn jury trials. No slection processes or aiding jury to reach decision. -Long trials are exception to the rule.

The sentencing process

-Variation in timing of sentences- sometimes right after guilty (misdemaor cases) -felony cases- Sentencing follows a sentencing hearing that is held sometime after the trial of plea acceptance. -Before sentencing hearing; judge receives presence report from probation officer containing background info on defendant (prior criminal record and family situation) - recommends prison or probation or specific sentence recommendations -Judge hears from both prosecutor and defense attorney- defendants and their friends and family are allowed to speak. -Victim allowed speak. -Judge imposes a sentence afterwards and justification for sentence.

Judge's work

-Varies in several respects -Most do full-time, lower levels of state system ridges combine judging with other persuts -Some are generalists and some only hear specific fields (taxes, etc) -Work of all judges can be described in terms of three broad categories: 1. Adjucation- formal decision making; costumes the Largest share of most judges' work time -trial court decisions are nearly always made by single judges -Appellate decisioons- group products -Timing of decisions differ. Trial judges- in open court. Appellate decsions- outside the court and issued later. -Most familiar decions- merits of cases- guilty/innicent, affirming or reversing lower court decision. Preliminary decisions- an admission of evidence and dismissal of criminal charges and these often determine the outcomes of cases -Trials in criminal and civil cases with high stakes- lengthy and formal -Lower stake cases- speedy and routine fashion. -Appellate courts distignitush between cases that require close judicial consideration or more summary fashion. 2. Negotiation- Resolve cases without formal adjuration by encouraging participants to reach settlements -Trial judges more likely to involve themselves in negotiation of civil settlements -Appellate- less likely 3. Administration- for court to function adequately. court management, etc.

Ch. 6- overview Criminal Cases

-Widespread concern about crime and criminal cases= most dramatic= why Americans focus on criminal cases -4 key processes- bringing cases to court, plea bargaining, trials, and sentencing.

Judges on the Bench

-Work as judges and how they do that work differ a good deal. Difficult to generalize about kiddies on the bench.

How to become a judge

1) Be a lawyer by license -Legal career can be whatever they choose -Some attributes may make you more favorable than other but dont have to have been a judge before. -Need to appear unbiased 2) Experience as a lawyer; dont want someone new out of law school to nbe a judge -Need some type of experience -Criminal law= deciding on punishment. Civil law- same thing, but not imprisonment, etc. Just monetary. Has power to retrial, power is draw to some people. Pinnical of law career. Money is issue- paid a little less then lawyers. -Benefits: goof, paid health insurance by government and staff and security prestige for the food of the community, impact a greater number of people.

States and Judges taking office (5 diff ways)

1. Gubernatorial appointment= by governor, confirmation by state senate. 4th most popular. (eastern seaboard) 2. Legislative election- legislative in state elects judges. VIRGINA AND SOUTH CAROLINA 3. Partisan Election- Voters choose between party candidates. PA uses this. 3rd most popular. 4. Nonpartisan elections- people vote and dont know political party of candidate, just heir name. 2nd most popular 5. Missouri plan- Merit based system; qualifications governor appoints members of a commission. Short list and commissions will forward list to governor to appoint. Most used- Govornor picks commission of people who will give governor what he/she wants. Since they pick their own commission, bias isn't taken out. Some politics out of tit, but not completely. -In PA, from trial judges, they elect partisan elections and will and go into general election and once elected they serve for 10 years. Same for superior, commonwealth, and PA supreme court -Chief Justice- court votes (justices themselves both for Chief Justice) President judge- Michael Braise- Lackawanna. Thomas Saylor- PA Supreme Court Could vote for retention- unaposed- yes/ no 1st eslection- hard Retention- easier.

Chapter 5 overview

Attributes of the people that become judges. their work and work times. quality of judges performance and ways to improve their performance

The difficulties and rewards of being a judge

Many skills required, little preparation provided -No formal preparation exists -Depends on their pre-judicial careers. -Usually turn to help tp those who have more experience, utilize educational programs, etc. Stresses of the Job -Making decisions without consequences under less than ideal conditions, no time, etc. -heavy caseloads -Get scrutiny from the media when public disagrees with decisons- sometimes threatened with loss of their positions as a result or threats of violence, etc. Finances -Compared with average American- they're paid pretty well -2010 median salary- major state trial courts- 132,000 Supreme Court... etc... Do not consider themselves well paid in comparison with peers and what they can earn in other pursuit. -Lower than fincianlly successful lauders in private practice and law professors at prestigious intuitions. The attractions of judgeships -Degree of freedom they enjoy- refelcted in work styles, they set their own schedules and have considerable leway in allocating their Time among the various parts of their Job.- differences into positions they take on the same legal issues- to a considerable degree, judges can apply the law as they see fit. -Status- outside of the court -gain respect and some judges achieve high levels of public regard for actions they take on the bench; fame at outlives them -Considerable measure of power; make decisions that affect other people's lives in important ways- to make a difference and do what they see as good -High level of interest in judgeships; willing to fo through difficult campaigns to win them -People who have become judges tend to remain in their positions -Federal - happy with their work, state- less happy bit still happy enough to stay.

General issues in Judicial selection

Should priority be given to judicial independence or to political accountability? -Many argue that judges should be selected in a way that maximizes their freedom from control. -Others contend that judges should be accountable to the people they serve (directly or through other branches of government) What's the best method for most competent judge? -Some seek only legal competence and others think judges should have broader understanding of politics and public police US- emphasizes accountability and limited emphasis on legal competence. No training and unstructured. People can move into judgeships from other careers. -Elected officials and general public put them on bench and determining whether they can stay or not. Formal rules of selection vary considerably- federal and state use distinct systems (differ in goals and way they achieve those goals) 1840s- life terms 19th century- limited length terms Early 20th century- American Judicature Society: A state governor choses judge and voters can periodically have the chance to approve or disapprove choice--- also called the Missouri Plan (or merit selection). The Missouri plan is now used in a large minority. -Had some impact on federal level -Formal system of selection has never changed.

The Prosecutor: charging decisions

Sometimes do their own investigations to identify possible cases: ordinarily respond to cases develpped by law enforcement agencies -Decide to carry the case forward or drop it. Can make it at several points, most often after arrest- Prosecution's screening of cases= charging decision -Descides what charges to bring and what it should be prosecuted as-criminal or civil -Made in context of limited resources; too many case loads Criteria for charging decisions 1.Likelihood of conviction- relies on evidence -Inadequate evidence= most common reason for dropping cases. -Sometimes its uncertain if suspect committed crime -Unwillingness of witness may weaken case. -Reject weak cases. 2.Policy Priorities- Prosecutors make judgements about kinds of cases that they see as most important and judgements are reflected in decisions whether to bring charges and what charges to bring -Some prioritise drug cases and some to white collar crime -Presidential administrators also have some priorities: reflected by US attorneys (immigration , etc) 3.Pragmatic- relate to the sustuatuons in individual cases. May be little point in charging suspect who already faces serious charges in another case or place -Approriate alternatives may lead prosecutor not to bring charges -relate to needs of prosecutor's office- IF case is important to law enforcement officer or general public, should be carried forward -Many maximize the office's production by increasing the number of cases they file. Charging decisions and the power of prosecutors -Charging decisions give power to prosecutors -Prosecutor employs criminal creativity to achieve purposes they see as disriable -Can empoloy power to advance their personal or polictial adgendas. To appeal to voters, prosecuting members of the opposing party -Shape law with treatment of various crimes- elecate importance of certain offenses by prosecuting those offensies aggressively. -And by chosing not to prosecute can do the opposite effect -Policies reflect personal attitudes to comminyty -Differ considerably in charging decisions (death penality)

Bringing cases to court

The Police -Few crimes result in arrests: Probabilities of arrest for aggrevatesd assault and drug deals= low. ¼ for agg assault 1/1000 for drug deals -No apportunities to make them unless it is commited in the presence of an officer, n=must rely on others to inform them of it. -Only 40% of all victims reported to police in 2007- reporting rates high for most serious crimes -Cannot always apprehend a suspect; only when directly, easiky located= difficult to identify a suspect and may lack time in locating and arresting subject -May not have resources to make arrest or may decide that arrest isn't necessary in particular situation -Polce=considerable discretion and power

The Selection of State Judges

The formal Rules 5 categories for class-action of formal systems: 1. Gubernatorial appointment- the governor appoints judges state senate must approve. 2. Legislative election- legislature elects judges (2 states). - 1 and 2 are found in the eastern seaboard 3. Partisan election- through partisan primary elections -Found in south and midwest 4. Nonpartisan election- voters choose between andidates in a general election with no party labels. 5. Missouri plan- commission of lawyers has been selected by colleagues and nonlawyers selected by governor. Commission produces a short list of nominees - 4 and 5- weakest geographic patterns -Many states use different selection systems for different courts -Length of judge terms varies across states. Most common= 6 years. -Most states have mandatory retirement ages or ages beyond which judges cannot seek new terms (usually 70) -Drive for Missouri plan has slowed bc voters are reluctant to give up power to elect judges -Liberals favor Missouri plan, conservatives favor other systems. -Provide starting point in determining how judges are chosen (formal rules)

The Supreme Court

The nomination process: -President must select hundreds of federal officials. -Individuals and groups outside of executive branch seek to influence the president's choice Criteria for Nomination (4 categories) 1. The qualifications of prospective nominiees- competence and ethical standards 2. Attitudes of nominees toward issues with which the court deals, their prolixity preferences. 3. Reward- personal and political associates of the president were nominated. 4. Pursuit of political support- appeal to important interest groups or segments of the population. -Policy preference= highest priority. Senate Confirmation -Senate's power to veto a nomination is critical role in selection process. -Nominees are questioned at length and other witnesses are heard -Presidents look for nominees likely to win confirmation -Moderates= unfavorable and another unfavorable condition is a credible challenge to competence or ethical behavior of a nominee. -Partisan makeup of senate=most important.

Attorney Paul Walker

trial procedure jury selection-randomly selected -by drivers license -list of potential jurors -required to fill out a questionare -favorable to lawyer (the jurors' that are picked) -death penalty cases: individual voider -Voirdire summon 150-200 jurors, vires on death penalty, etc. -Death qualification penalties. -fair jury -Try to get them to like you and info help in your case -C;ient doesn't have to testify, control the court -Fight between defense, PA and JUdge -7 strikes- 1 cant be fair to case-stickenfyrcause -20 stikes-deathpenalty strike -Parentery strike- eliminate who you dont want on panel -Jury gets instructions -Death eoanlty- only aggravating circumstances Opening statement -Outline of facts getting presented. -Defense has the option to present opening. some don't. -Prosecution presents witnesses (direct examination) they tell the story (no leading questions) -Defense cross examines them -look outdoor insisienu in prior staments. -should know the answer in advance Ito your questions. Opening statment- defense -what you got from witnesses -defense witness -At preliminary hearing[ supposed to testify and say everything then. Adding anything in trial as a witness is inconsistent Conclusion- preliminary instruction (defense goes over instructions with judge). closing statements-- take something from cross examination- should have a theory. Sentencing Guidlenes -Offense gravity score -Prior record score (Any case besides death penalty) -90 days after verdict of guilty -death penalty-life in prison or death