Judicial Process ch 5- 9
Snyder v. Massachusetts, 1934, p. 106
"whenever his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge pp. 219
Describe reforms designed to make jury verdicts more accurate. How successful are they?
- allowing jurors to take notes. benefits include increased active participation, increased alertness and focus, increased confidence - allowing jurors to question witnesses. questions given to judge in writing instead of juror speaking directly to witness. process can be time consuming and slow down trial - provide written copies of instructions to jurors. allows for equal access and easier comprehension when reading and listen to the oral instructions - provide jurors with trial notebook. makes it easier for jurors to follow the trial, recall specific testimony, and conduct deliberations
What are the administrative steps and legal requirements for the selection of jurors?
- establishing master list or jury wheel of all potential jurors within jurisdictional boundaries that can be chosen to report to duty if needed. once all lists are merged and placed on jury wheel, click of court or jury commissioner determine # of jurors needed
Explain the three key factors involved in prosecutorial charging
1. seriousness and nature of the offense. measuring comparative seriousness of different crimes not easy. the nature of the offense given the specific community in which it occurs has an effect on whether it will be prosecuted. 2. offenders culpability. offender acted intentionally or maliciously are more likely to be prosecuted than crimes resulting from a negligent or reckless act. crim prosecution likely to have impact on future behavior of person who meant to break the law instead of someone who made mistake or error in judgment. Also includes prior criminal history. repeat offenders regarded as a greater danger than a first time offender 3. likelihood of being able to obtain a conviction at trial is critical factor in charging decisions. courtroom work group has common goal to avoid uncertainty. best way to do that is by refraining from filing charges in cases where conviction is difficult to obtain. Must consider eyewitnesses, physical evidence, offender confession or incriminating statements, believability of the victim.
List and describe the three methods by which assigned criminal defense counsel are provided to indigent defendants.
3 primary indigent defense systems: assigned counsel programs, contract systems, and public defender offices. 1. Assigned counsel programs employ private attorneys to represent indigent defendants. - ad hoc assigned counsel program, (lawyers are appointed to represent defendants on a case-by-case basis when necessary.) attorneys are usually paid on an hourly basis, for example, $40 an hour for work out of court and $50 an hour for work in court. In some states, attorneys are provided a flat fee per case. - coordinated assigned counsel system. attorneys apply to be included on a list of counsel to be appointed on an as-needed, rotational basis. attorneys are paid on an hourly or per-case basis. it allows the court or a governing body to require attorneys to meet minimal qualification standards to be accepted into the program. appointment, problems associated with unqualified or unwilling attorneys being appointed cases are reduced if not eliminated. 2. contract attorney programs. In contract programs, a state or county government (or judicial district administration) enters into a contract with one or more private attorneys, law firms, or nonprofit organizations to provide representation to indigent defendants. normally designated for a specific purpose within the court system, such as felonies, misdemeanors, or all cases where the public defender has a conflict of interest operate using either fixed-price contracts or fixed-fee-per-case contracts. Under a fixed-price contract program, a contracting lawyer or law firm agrees to accept an unknown number of cases within the contract period, normally one year, for a single flat fee. The contracting attorneys are usually responsible for the cost of overhead, support services, investigation, and expert witnesses. 3. public defender program is a public or nonprofit institution designated to provide representation to indigent defendants in criminal cases. public defender offices have investigators on staff and funds budgeted for expenses associated with expert witnesses.
1) What are the responsibilities of a criminal defendant in the conduct of their case?
After being detained, a person accused of committing a crime changes from a suspect to a defendant in court. The criminal justice system revolves around criminal defendants. The fundamental functions of the criminal courts are to determine a defendant's guilt and to determine how they will be punished. The system must ensure that each defendant's constitutional rights are upheld. Even the case names are determined by the specific defendant. The defendant has the authority and right to make significant defense-related choices, including whether to negotiate a plea deal and whether to testify. A defendant's main responsibility is to concentrate on how he or she presents themselves before the court and jury. During a jury trial, attorneys advise their clients to maintain good grooming and dress professionally. Attorneys regularly ask their office workers to help detainees get clothing before trial if they are in detention. During court, defendants must act appropriately, which is crucial. When possible, show interest in what is going on, avoid scowling, and maintain a smile despite your worries. During their court appearances, witnesses and victims should be avoided by defendants. It's crucial for defendants to maintain their composure when hearing testimony or the prosecution's case.
How can the problem of excessive caseloads for providers of indigent defense be resolved?
American Bar Association and many states have explicit caseload limits of 150 felonies and 400 misdemeanors a year, but limits routinely ignored Washington State Supreme Court took a giant step toward putting teeth into caseload limits. The court rules require attorneys possess specific levels of experience (years of practice and completed jury trials) before they can be assigned to specific classes of cases. Additionally, attorneys in private practice who also represent indigent defendants must adjust the number of cases they can be assigned to account for the percentage of time they spend representing private, fee-paying clients. attorneys who certify their compliance with the guidelines when they are out of compliance may be subjected to discipline by the state bar and supreme court. Attorneys whose practice exceeds the number of assigned cases permitted run the risk of having their license to practice law in the state revoked. pp. 160
Summarize decisions of the United States Supreme Court related to the effective assistance of counsel.
As summarized by the Supreme Court in McMann v. Richardson (1970), "If the right to counsel guaranteed by the Constitution is to serve its purpose, defendants cannot be left to the mercies of incompetent counsel." the 1984 case of Strickland v. Washington, the Supreme Court set forth the standard to be used in evaluating ineffectiveness of counsel claims. standard for judging a claim of ineffectiveness is whether counsel's performance so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result. Court established a two-pronged test. Was the attorney's performance deficient? If so, did the deficient performance injure (prejudice) the defendant?
3) Describe a defendant's Fourth Amendment rights related to the exclusionary rule.
Beyond the rights that defendants enjoy while in court, the courts also have the power to hold the government accountable for actions that breach those rights and result in the finding of information that can be utilized in a criminal prosecution. A judicially established response to Fourth Amendment infractions is the exclusionary rule. It states that any evidence gathered by law enforcement officials in defiance of the Fourth Amendment's prohibition on unwarranted searches and seizures is not admissible as proof of guilt in a criminal prosecution. In Mapp v. Ohio, the U.S. Supreme Court applied the rule to the states (1961). The exclusionary rule's main goal is to discourage wrongdoing by police. The Supreme Court has stated that the rule is just a judicially established remedy for Fourth Amendment infractions, despite some proponents' claims that it derives from the Constitution. The Fourth Amendment is reduced to a "form of words" without a way to prevent police wrongdoing and enforce the restriction on excessive searches and seizures as they have no motivation to operate legally. Perhaps the most contentious legal topic in criminal justice is the exclusionary rule. The rule's application might result in the removal of crucial evidence and the acquittal of those who are legally, if not factually, guilty.
Describe United States Supreme Court cases regulating the disclosure of evidence by prosecutors to defense attorneys.
Brady v. Maryland (1963), a prosecutor must disclose exculpatory evidence to the defendant if such evidence is considered to be material evidence. Two decades later, the Supreme Court stated that exculpatory evidence is material if there is a reasonable probability that the result of the proceeding would have been different had the evidence been disclosed. reasonable probability of a different outcome is shown where suppression undermines confidence in the outcome. (United States v Bagley, 1985). Supreme Court opinion in Kyles v. Whitley (1995) disclosure of evidence. three classes of evidence required to disclose to a defendant: 1. testimony and physical evidence that prosecutors intend to use at trial (police reports, witness interviews, lab reports, expert witness reports) 2. exculpatory material evidence: evidence that is favorable to the defendant. 3. impeachment evidence: evidence that calls into question the credibility of a witness
What is the "courtroom workgroup"? how does it function?
By court actors we mean those who regularly appear in a trial or pretrial proceeding. these are the individuals who work together day after day to process the civil and criminal cases that come before the court. The primary actors in a criminal case are, of course, the prosecutor, the defense attorney, the judge, and the jury. Work group members, especially prosecutors and judges, can sanction or punish the errant member by not granting typical accommodations. • Frequently interact in cases• Develop going rates for guilty pleas• Creates an efficient, cooperative system; modifies adversarialism
What is community prosecution? How does it operate?
Community prosecution involves a partnership among the prosecutor's office, law enforcement, and the community, in which the authority and power possessed by the prosecutor's office are used to identify and solve problems, enhance public safety, and improve the quality of life in the community. Under a community prosecution model, the role of the prosecutor is redefined from a law enforcer in an adversary system to a member of a community partnership with the ability to facilitate mediation, galvanize community action, and impose civil sanctions and other nontraditional remedies in an effort to eradicate a problem faced by a community. The American Prosecutors Research Institute (1995) has identified five core elements to community prosecution: A proactive approach to crime ,A defined target area, An emphasis on problem solving, public safety, and quality-of-life issues?, Partnerships between the prosecutor, the community, law enforcement, and others to address crime and disorder,, Use of varied enforcement methods
2) Describe the characteristics of criminal defendants.
Criminal defendants come from all walks of life and are representative of all demographic groups. Despite this, more people from different societal groups and backgrounds are criminal defendants than there are in the overall population. Three categories where people from particular backgrounds are overrepresented as defendants in court include gender, race/ethnicity, and educational attainment.
How do various forms of prosecutorial misconduct undermine the core of prosecutorial ethics?
Defense lawyers have a duty to get a positive result for their clients while abiding by the ethical guidelines. Even with customers that they are aware are guilty, this is the case. On the other hand, the prosecutor's role is very different. The government and every resident of the area are both represented by the prosecutor. There are two reasons for this obligation. First, it is unjust to condemn an innocent person of a crime, as mentioned in Berger. A prosecutor must act with ethical precautions in addition to the presumption of innocence, which is the cornerstone of the American legal system, to reduce the possibility of a misconviction. The second justification centers on the prosecutor's role as an official government representative rather than an individual. Private attorneys have an ethical obligation to do every effort to help their clients come out ahead. The government's prosecutor may have such a duty, but that does not always guarantee that winning the case would result in a beneficial end. Respect for the authority and legitimacy of the government and judicial system will decline if prosecutors are seen as acting beyond the law. A prosecutor may come to the conclusion that someone is guilty of a crime based on circumstantial evidence even if they did not really do it. Such circumstances are what give rise to prosecutorial misconduct and violations of a prosecutor's ethical obligations. 1. Making inappropriate or inflammatory remarks in front of the jury, presenting or attempting to present improper, inappropriate, or inflammatory evidence, misrepresenting the facts of the case to the court or jury, breaking the rules governing jury selection, or delivering improper closing arguments are all examples of courtroom misconduct. 2. Physical evidence management errors (including concealing, erasing, or tampering with records, case files, or court documents) 3.Failing to disclose exculpatory evidence 4. Threatening, badgering, or tampering with witnesses 5. Using false or misleading evidence 6. harassing, showing partiality toward, or harboring ill will against the defendant or defendant's attorney (including selective or vindictive prosecution, which includes instances of denial of a speedy trial) 7. Improper behavior during grand jury proceedings. Different consequences may be imposed when wrongdoing is discovered. There might not be a penalty if it is determined that the misbehavior was accidental and had no bearing on how the case turned out. On the other hand, if the act was deliberate, it would probably result in the conviction being overturned, the prosecutor being disciplined by the state bar organization, or both.
List non-prosecutorial duties conducted by prosecutors.
Dependency and Juvenile Issues= Pursuing attorneys' offices are in charge of a range of responsibilities related to child welfare and dependency concerns in addition to prosecuting delinquency cases involving juveniles suspected of committing crimes. These responsibilities may include submitting petitions to safeguard vulnerable persons, such as the elderly and developmentally challenged, as well as abused or neglected children. Local prosecutors are routinely asked to file involuntary commitment actions in numerous states in order to get the required care for people who are mentally ill, chemically addicted, or cognitively challenged. Child Support Enforcement= Child support orders are often enforced by prosecutor's offices. To do this, legal action must be taken to recover unpaid child support. Victim Assistance= Most prosecutor's offices have initiatives or departments dedicated to helping crime victims. Making the criminal justice system more receptive to crime victims is the primary goal of these programs. Typical services include notifying victims of court proceedings, educating them about the prosecutorial process, assisting with crisis intervention, disseminating information about counseling and advocacy resources, and assisting with the recovery of financial losses and the return of impounded property. Civil Asset Forfeitures= Items used to conduct crimes or that are the profits of crimes may be seized and civilly forfeited under state and federal statutes. Guns, cash, automobiles, and homes are frequently vulnerable to civil forfeiture. The civil division of a prosecuting attorney's office often handles civil forfeiture procedures since they are initiated independently of any criminal prosecution.
How do prosecutors assist law enforcement officers?
During criminal investigations, prosecutors and law enforcement personnel typically collaborate closely. Since prosecutors represent the government, it is their duty to give police legal counsel about investigative problems. The majority of the time, this counsel entails evaluations of the existence of probable cause for an arrest or search warrant. Additionally, the prosecutor regularly drafts warrants and submits them for the judge's approval. The prosecutor has a significant influence on how investigations are handled. The prosecutor is in the greatest position to know what type of evidence and how much of it would likely be required to secure a conviction because they are the government's agent in criminal cases. As a result, prosecutors frequently let police investigators know what they need in order to proceed with pressing charges. Law enforcement officials often take this information to heart and try their best to gather the evidence considered necessary because prosecutors are the system's gatekeepers and are the only ones with the authority to begin a prosecution.
Summarize decisions of the United States Supreme Court related to the right of a defendants to represent themselves.
Faretta v. California (1975) that there is a constitutional right to self-representation, the 6th amendment may not be used to precent a competent defendant from self representation. mental competency pp 166
exclusions to exclusionary rule
In 1984, the Court held, in Massachusetts v. Sheppard and United States v. Leon, that evidence obtained by the police acting in good faith on a search warrant issued by a neutral and detached magistrate, which is ultimately found to be invalid, may nonetheless be admitted at trial. The Court stressed that the primary rationale for the exclusionary rule—deterrence of police misconduct—did not warrant exclusion of evidence obtained by police who act reasonably and in good faith reliance on the actions of a judge. exception, developed in Nix v. Williams (1984), permits the use at trial of evidence illegally obtained by the police if they can demonstrate that they would have discovered the evidence anyway by legal means. The burden is on the police to prove they would in fact have discovered the evidence lawfully even if they had not acted illegally. pp 215
6) How did Crawford v. Washington (2004) modify the interpretation of the Confrontation Clause of the Sixth Amendment?
In the case of Crawford v. Washington, the Supreme Court reexamined the fundamental principles on which problems pertaining to hearsay and the Confrontation Clause were decided (2004). A guy who reportedly tried to rape Michael Crawford's wife was stabbed by Crawford in 1999. When questioned by the enforcement, his wife Sylvia said that Michael stabbed the victim when he was defenseless. This taped comment contradicted Michael's claim of self-defense and greatly hurt his case at trial. Sylvia declined to testify at Michael's trial, claiming Washington's marital privilege law. In spite of opposition, the trial judge used a legal hearsay exemption to let the recording of her statement into evidence. Michael was found guilty of attempted murder and assault. The Supreme Court specifically reversed Roberts in a majority ruling, flipping the way that matters regarding the right of confrontation had been considered for more than a century (Crawford v. Washington, 2004). Justice Scalia wrote on behalf of the Court that the right of a defendant to confront witnesses against him or her is unrelated to the standards of evidence or the veracity of a statement.
Summarize decisions of the United States Supreme Court that development the constitutional right to appointed defense counsel in misdemeanor criminal cases. Are these cases consistent with the Sixth Amendment?
Jon Argersinger, an indigent, was charged with carrying a concealed weapon, a misdemeanor punishable by imprisonment up to 6 months, a $1,000 fine, or both. Despite his request for an attorney, he was not provided with counsel. Florida Supreme Court refused to provide relief, holding that a defendant has a right to counsel only if he is facing a potential period of incarceration longer than 6 months. Supreme Court reversed (Argersinger v. Hamlin, 1972). The Court noted the vital role counsel plays in providing a defendant with a fair trial regardless of the seriousness of the charges being faced. Argersinger was clarified 7 years later in Scott v. Illinois (1979). The Supreme Court in Scott explicitly recognized that a defendant may not be sentenced to jail or prison unless that person was represented by an attorney or voluntarily waived their right to counsel.
Describe the organization and operation of prosecutor's offices. How might they differ in counties with very large or very small populations?
Large prosecutors' offices maintain a bureaucratic organizational structure. A first assistant and numerous deputies who handle the office's five non administrative divisions are in charge of running day-to-day activities. These divisions each stand for a broad region that the office is in charge of. There are a number of units or teams inside each division that were created to assist concentrate the everyday operations of the office. Last but not least, up to several hundred, associate district attorneys perform particular tasks within each unit, team, or task force. In many prosecutors' offices, units or teams are established to deal with the prosecution of specific classes of crimes. Prosecutors' offices employ three standard models for pursuing cases. According to a horizontal model of prosecution, assistant prosecutors are given responsibility for particular processes or duties in the legal system that are regular in nature and don't need much discretion. In a vertical model of prosecution, a case is given to one prosecutor who is in charge of it throughout the whole legal procedure, from the initial appearance to the verdict. In mixed models, the majority of instances are handled horizontally. However, a specialist team handles some offenses at every stage of the procedure, such as homicide and sexual assaults. This strategy allows for the utilization of expertise and case ownership for more serious offenses while addressing the requirement for efficiency in resolving "ordinary" crimes.
Describe United States Supreme Court cases regulating the disclosure of evidence by prosecutors to defense attorneys.
Law enforcement officials and detectives from the prosecutor's office gather a lot of evidence on suspects and a criminal incident during a criminal investigation. Prosecutors have an ethical, legal, and constitutional obligation to provide most of this evidence to the defendant after they have formally charged someone. However, the prosecution is not compelled to provide the defendant access to all of its available evidence. In general, there are three categories of evidence that prosecutors must provide to a defendant before trial. The first entails testimony and tangible evidence that the prosecutor plans to present at the trial. Police records, witness interviews, test results, and reports written by expert witnesses all fall under this category. These things must typically be disclosed in accordance with court rules, and failure to do so might result in their exclusion from use in court. Exculpatory material evidence and impeachment evidence, the other two forms of evidence that prosecutors must reveal to a defendant, are much harder to pinpoint. The prosecutor is generally in charge of classifying tangible evidence. Prosecutors are responsible for determining what evidence may be crucial and exculpatory because they are the only ones who have access to it. The fact that this includes evidence in the police's custody, the prosecutor is expected to be aware of what is in the police's possession, and this choice must be taken before trial complicates the situation. It's crucial to keep in mind that impeachment evidence is subject to the same disclosure requirements as substantive proof of criminal wrongdoing. Evidence that puts into question a witness's reliability is known as impeachment evidence. If the prosecution knew about the earlier connection between the witness and the defendant, it would have to tell the defense attorney. A prosecution may face harsh penalties if they fail to provide the defense access to evidence. A court has the authority to drop charges against a defendant if it determines that the omission to disclose was intentional. The omission to reveal important information is likely to cause an appeal court to overturn a conviction and order a new trial if it was a mistake or an oversight.
What is the prosecutor considered a very powerful role?
More than anybody else in America, the prosecutor has power over one's reputation, freedom, and quality of life. He is really discreet. If he is that sort of person, he may order investigations into ordinary individuals and direct them by public pronouncements and implied or explicit threats. Or the prosecution may decide to take a less obvious approach and just interview a citizen's pals. The prosecutor has the power to issue arrest warrants, present cases to the grand jury in secret, and, based on his biased presentation of the evidence, can result in the citizen being charged and detained pending trial. The defense would not have the opportunity to be heard if he dismissed the case before trial. Or he might proceed with an open trial. If he is found guilty, the prosecution can still suggest a penalty, whether the prisoner should get probation or a suspended term, and if he is eligible for parole after serving his sentence. While the prosecutor may be one of our society's most helpful forces when acting with good intentions, he can also be one of its worst traits when doing so. Assisting Law Enforcement Officers, Screening Cases and Making Charging Decisions, Plea Bargaining, Disclosure of Evidence,
After reading about the Massy Coal and Williams-Yulee cases, do you think there should be any limits on state judge recusals or campaign fund-raising?
On June 8, 2009, the U.S. Supreme Court, in a 5-4 decision, ruled in favor of Caperton and reversed the West Virginia Supreme Court's decision. a judge must be disqualified from hearing a case when a campaign contribution to elect a judge creates "a serious risk of actual bias based on objective and reasonable perceptions" (p. 2263). pp 196
What factors determine whether prosecutors will prosecute or dismiss case?
Once an arrest is made, a prosecutor screens the case to determine if it should be prosecuted or dropped. The decision to prosecute is based on the following factors: The sufficiency of the evidence linking the suspect to the offense. The seriousness of the offense. The size of the court's caseload. the strength of the case; (ii) the prosecutor's doubt that the accused is in fact guilty;
Summarize decisions of the United States Supreme Court that developed the constitutional right to appointed defense counsel in felony criminal cases. Do these cases reflect the role of incorporation [Chapter 2]?
Powell v. Alabama (1932), the U.S. Supreme Court addressed for the first time whether indigent criminal defendants had a right to have an attorney provided to them at state expense. nine African American youths, later known as the "Scottsboro boys," were charged with the rape of two White girls in rural Alabama. Under Alabama law, this crime was punishable by death. The trial court did not appoint counsel to the defendants until the morning of trial. defendants were not asked whether they were able to employ counsel or if they wished to have counsel appointed. After a one-day trial, eight of the defendants were convicted and sentenced to death. Supreme Court ruled that the defendants were denied due process under the Fourteenth Amendment. Johnson v. Zerbst (1938), the Court expanded the reach of Powell in federal courts to include the right to counsel possessed by defendants who cannot afford to hire an attorney. The defendant in Zerbst was convicted without the assistance of counsel in federal court of "possessing and uttering" counterfeit money. The Court overturned his conviction, basing its decision on the Sixth Amendment's guarantee of counsel "in all criminal prosecutions."
Describe the rise of progressive prosecutors.
Prosecutors' offices have begun using what is known as community prosecution in an increasing number of cases. A cooperation between the prosecutor's office, law enforcement, and the community is involved in community prosecution. The prosecutor's office's authority and power are utilized to pinpoint and address issues, improve public safety, and raise the general standard of living in the community. In a community prosecution model, the prosecutor's function is transformed from that of a law enforcer in an adversarial system to that of a partner in a community partnership with the power to encourage community action, facilitate mediation, impose civil sanctions, and use other novel remedies to address a community's issue. Community prosecution activities and programs are present in over half of the prosecutors' offices across the United States
Is a defense attorney liable for ineffective assistance of counsel if the attorney prevents the client from committing perjury?
Robinson's actions fell "well within accepted standards of professional conduct ... under Strickland." The Court went on to state that whatever right a defendant has does not include the right to commit perjury. As such, his attorney acted appropriately given the situation. Under no circumstances should the lawyer permit or assist his client in giving false testimony. pg 173
reconstruction era cases
Strauder v. West Virginia (1880) - state law prohibiting African American (men) (or any identified group) from jury service violates Equal Protection Clause Virginia v. Rives (1880) - simple absence of Blacks on jury not proof of discrimination Neal v. Delaware (1881) - the practice of totally excluding Blacks from jury service is prima facie case of equal protection violation Norris v. Alabama (1935) - systematic exclusion of Blacks from jury violates Equal Protection Clause, conviction reversed (a Scottsboro case)
effects of civil rights movement: changing opinions and rulings
Swain v. Alabama (1965) - No equal protection violation where black jurors 15% in county where African American 25% Whitus v. Georgia (1967) - violation: 7/90 on venire in county 43% Black Turner v. Fouche (1970) - violation: county 60%; 37% on grand jury list Alexander v. Louisiana (1972) - violation: county 21%; 7% on grand jury list
Describe the historical evolution of American prosecutors.
The American colonies adopted the English system of private prosecution of criminal crimes during the 17th century. As victims could not go to state capitals to pursue their claim, this system was unfit for the vast colonies. Early in the 1700s, the colonies themselves started to regularly prosecute offenders in an effort to help alleviate these issues. Colonies appointed deputy attorneys general to handle prosecutions for each county throughout the 17th and 18th centuries. By the time of the American Revolution, local public prosecutions were being carried out in every colony. As colonies expanded, it became clear that a public prosecutor in a central location would struggle to prosecute offenders throughout them. The prosecutor was a position that sat on the border between the executive and judicial branches in 1789 and was selected by the government. The Judiciary Act of 1789 established the executive appointment system in the federal government. Prosecuting attorneys were still appointed at the state and local levels in accordance with state constitutions or local custom. The populist movement (Jacksonian democracy) rose to popularity in the 1820s. Citizens' ability to elect more public officials directly increased with the emergence of Jacksonian democracy. The majority of states had direct elections for prosecuting attorneys by the end of the 18th century.
Summarize decisions of the United States Supreme Court related to the right of an attorney of one's choosing.
The Constitution guarantees that an indigent defendant be given effective counsel, not the counsel of their choosing. United States v. Gonzalez-Lopez (2006). The Court held that denying a nonindigent defendant counsel of his choice violates the Sixth Amendment right to counsel, depriving a person of the attorney of his choice affects the entire context in which the trial is held, making it a structural error rather than simply a procedural error.
Explain the three key factors involved in prosecutorial charging.
The first is how serious and what kind of infraction it is. It is difficult to attempt to compare the relative gravity of various crimes. People will evaluate them differently in terms of relative severity. Even though crimes that really hurt people are frequently given precedence, some nonviolent crimes, such child pornography or widespread drug trafficking, may be deemed to be more detrimental to society than a single act of violence. In these situations, nonviolent acts may be punished more easily than violent crimes. Whether a crime will be punished depends on its nature and the particular society in which it happens. Keep in mind that local prosecutors have the discretion to bring charges or not. Additionally, keep in mind that the prosecutor is an elected person who answers to the residents of his or her city. These facts have a big impact on the kinds of crimes that are legally prosecuted, especially minor ones. An offender's guilt is taken into account as a second consideration when deciding whether to file charges. Those committed knowingly or maliciously by the perpetrator are more likely to be prosecuted than crimes committed carelessly or recklessly. This is due to the fact that a person who willfully disobeyed the law is more likely to see a change in behavior than someone who merely made a mistake or acted poorly. Furthermore, a criminal who deliberately violates the law poses a greater threat to society than a careless offender. Whether the perpetrator has a criminal background is another factor in responsibility. The community is thought to be more at risk from repeat criminals than from first-time offenders. The possibility of obtaining a conviction at trial, the third component, has frequently been demonstrated by studies to be an important consideration in charging choices. For prosecutors, not pressing charges in situations where a conviction could be difficult to achieve is the most frequent and effective strategy to reduce ambiguity. Prosecutors take into account the quantity and caliber of the evidence against the criminal when making these determinations. Depending on the sort of crime, specific reasons may vary, but important ones typically include the presence of physical evidence, the credibility of the victim, the presence of eyewitnesses, and if the criminal confessed or made other damning remarks. When reviewing these things, prosecutors are more concerned with whether the evidence is strong enough to support a conviction than they are with whether there is reason to suspect the offender likely committed the offense for which they were detained.
Explain the process of plea bargaining.
The phrase "plea bargain" suggests that both the prosecution and the defense make concessions in order to get to a mutually agreeable conclusion. While typically accurate, the prosecutor is the one who establishes the terms of the agreement. Due in significant part to the prosecution's discretion in choosing which charges to bring against a defendant, the prosecutor has considerable power over the plea negotiation process. The prosecution can consent to allow the defendant to enter a plea of guilty to a lesser violation by charging the defendant with the most serious felony that can be committed. Charge defendants with the most serious charge feasible to put them under further pressure to avoid the punishment that would be given upon conviction of the more serious crime. This typically leads in a conviction and sentence at an acceptable level in the prosecutor's eyes. In most cases, the prosecution and defense lawyer will have the defendant sign a plea deal that will have him or her sentenced to the going rate, or the standard punishment for the alleged offense. The prosecution will likely advocate for a plea deal if it thinks it has a weak case and can still convict the defendant by offering the defendant a better deal than the market rate. On the other side, the prosecution can be hesitant to make any concessions in return for a guilty plea if it has an unbeatable or "slam dunk" case against a defendant.
5) Explain the hearsay rule of evidence.
When it comes to hearsay—out-of-court remarks made by witnesses who are unavailable to testify at the defendant's trial—the Supreme Court has dramatically changed how the Confrontation Clause is applied. When analyzing this connection between the Sixth Amendment and the standards of evidence, the Supreme Court adopted a fairly lax stance. The Confrontation Clause, according to the Court, was just a way to encourage fairness to the defendant and the discovery of the truth, not an aim in and of itself. As a result, the out-of-court remarks might be included without the speaker testifying and being cross-examined provided they were of a trustworthy type and were found to be reliable by the judge. Over time, the Court adopted the practice of assuming that a hearsay statement from a witness who was not present at the trial would be admitted if it fell under one of the 20 hearsay exceptions (Ohio v. Roberts, 1980). A claim that fell under this exemption had enough "indicia of dependability" to support its acceptance into evidence. According to this criterion, victim accounts, forensic reports, and several other hearsay statements were deemed to be trustworthy and fell within the hearsay exception, making them admissible at trial.
7) What are the challenges faced by crime victims in the judicial process?
Working with the criminal courts presents a variety of difficulties and problems for victims of crime. These issues come from participants in the judicial system's lack of empathy for the predicament of crime victims. As their case dragged out through the legal system, victims were sometimes victimized twice or even three times. -Lack of Input Into Decisions= In the past, victims' opinions on how cases should be decided, what constitutes a fair plea bargain, and what constitutes an acceptable sentence for the criminal were not sought or requested. -Lack of Information About Case= It is quite challenging for anybody outside the system to stay up to date on ongoing cases considering how frequently hearings and trials are postponed and rescheduled. -Pretrial Revictimization and Invasion of Privacy= These deeds further a number of sinister goals that defense counsel are pursuing. In the end, some defense attorneys will use all reasonable steps to frighten the victim until he or she believes it is not worthwhile to continue the case. This may be accomplished by shouting and berating the victim during the interview, hinting that previous behaviors, wrongdoings, or other information would be utilized in court to denigrate and humiliate, and overall putting the victim on trial as opposed to the perpetrator. -Logistical and Financial Obstacles Faced by Victims= Logistical obstacles frequently make it exceedingly challenging for victims to participate in the legal process. These obstacles can include having to repeatedly reschedule essential court appearances, having to spend hours upon hours waiting to testify at the courtroom, having to pay for and organize transportation to and from the courthouse, missing work and losing money because of being in court, and more.
When does a criminal defendant first have a right to appointed counsel?
a defendant has the right to an attorney at all critical stages in the court process. A critical stage is any stage of a criminal proceeding where substantial rights of a criminal accused may be affected. Supreme Court has stated that a prosecution begins and the right to counsel attaches at a defendant's first appearance before a judicial officer, at which point the defendant is informed of the charges against him and has restrictions imposed on his liberty (Rothgery v. Gillespie County, 2008).
Describe the characteristics of criminal defendants.
according to bureau of justice statistics (bjs) more likely to be men of color, not well educated, ages evenly split between younger and older than 30 83% of defendants prosecute for felonies in 75 largest counties were male in 2006. also reported majority of defendants were not white. 24% hispanic, 45% black or african american. # of defendant evenly split between those younger and older than 30. majority tend to not be well educated. nearly half did not grad high school, 20% attended college, only 5.4% earned a degree. overwhelming majority indigent and represented by public attorneys. significant majority were not firm time defendant in crime justice system. pp. 212
Mapp v. Ohio (1961)
applied the exclusionary rule to the states
How are federal judges appointed?
based on the process during the colonial era when judges were appointed by the king of England they are appointed for life by the president and must be confirmed by majority vote in senate. lifetime appointments ensure the judge and the judiciary will be independent of the other branches and not beholden to them to maintain their judgeship pp. 192
How did Crawford v. Washington (2004) modify the interpretation of the Confrontation Clause of the Sixth Amendment?
changed how courts admit testimonial evidence. prior to Crawford, statements not subject to cross exam; hearty evidence admitted into evidence is reliable. reliability determined by whether statement included in a hearsay exception. Crawford reversed conviction based on statement wide made to police, not subject to cross exam. rule of craw: if evidence is testimonial it cant be admitted unless subject to cross exam
What are the responsibilities of a criminal defendant in the conduct of their case?
defendant has ability and right to make major decisions regarding their defense, particularly if they want to enter a plea bargain and testify. primary role is to focus on demeanor and appearance before the judge or jury. they should not acknowledge or talk to witnesses/ victims as they appear in court. they should not react emotionally when hearing witness stand of prosecution, they should refrain from showing a reaction.
Explain the defendant attorney's role in the criminal justice system. Is it more one-sided than that of the prosecutor?
defense attorney has an ethical obligation to zealously defend a client he knows to be guilty. defense attorneys do not have the obligation to seek the truth and attain justice outcomes. defense attorney must be able to challenge the reliability of the evidence presented, cross examine witnesses against defendant, and raise matters involving violations of defendants rights regardless of whether defendant is guilty as charged. defense attorney's role in this process is to continuously challenge the government to ensure that all people's rights are honored
Describe the victims' rights movement.
during 1970s. grassroots activities began to impact the way crime victims were treated by CJ system. crime victims, victim families, average citizens began to organize locally and establish victim advocacy organizations.
trial by ordeals
during middle ages defendant required to perform crazy tasks like walking across burning coals, removing rocks from burning water etc. if they emerged and were not harmed they were judged innocence bc god protected them. if injured they were considered guilty.
Describe victims' advocates offices.
employ trained victim advocates to work w victims and their fam throughout crime justice process to ensure victims are aware of their rights, and treated fairly. services include: keeping victims informed, accompanying victim to court, speaking on victims behalf, preparing victims for court hearing, provide local resources and contact info, assist victims in recovering stolen prop. pp. 238
Describe and compare the selection of federal and state prosecutors
fed prosecutors -one in every fed jud district (93) - nominated by president, -confirmed by maj vote senate can be removed by pros, can serve beyond pros term (unlikely) - hire assiss us attorns to do day to day work depending on size and workload (plea bargains, litigation) state prosecutors - decentralized (almost 3,000 local prosecutors) - titles= district attorney, prosecuting attorney, states attorney, commonwealth attorney, county attorney - elected in 45 states appoint; alaska, rhode island (under attorney general), connecticut (elected on merit by commission) del, NJ (county da appointed by state attorn gen) - Chief DA sets policy; chief administrator
Describe and compare the selection of federal and state prosecutors
federal= The federal court system is used to prosecute acts that violate federal law. State law violations are prosecuted in the state where the offense took place. The United States Attorney is the government's advocate in the federal court system. The Judiciary Act of 1789 stipulated that a lawyer would be chosen by the president to serve as the United States Attorney in each court district and represent the federal government in criminal prosecutions. Since the post is politically appointed, most if not all U.S. Attorneys are replaced when a new president is elected by appointees of the new president's choosing. state= State criminal justice systems are very decentralized. A prosecutor's office based in the county or judicial district where the incident occurred often brings charges for breaches of state law.
Describe the ways in which state judge are elected.
four general methods of selecting judges are appointment, partisan elections, nonpartisan elections, and merit selection plans. methods vary between states appointment: during foundation of the nation, judges in each 13 og states were appointed to the bench. eventually people stopped appointing judges because people believed the judges were not sufficiently accountable. now fewer than 10 states use appointment. popular elections: in 1820's us entered jacksonian era. this era greatly influenced by reformers seeking to open up gov to greater pop control. as of 2008, more than half of us use pop elections to select at least portion of judiciary Partisan judicial elections candidates are selected by and affiliated with political parties. Nonpartisan judicial elections require candidates to campaign unaffiliated with any political party, and they appear on the ballot without a party designation. Under merit selection plans, when a judicial vacancy arises, a bipartisan, broad based commission (made up of lawyers and nonlawyers) interviews and evaluates candidates for judicial positions and recommends three candidates to the governor. first used in 1940 in Missouri
Describe the rule of Batson v. Kentucky (1986) and the problems of implementing its goal.
held that a prosecutors use preemptory challenges based on race violate equal protection clause of 14th amendment. in this case, prosecution used its preemptory challenges to remove all four black members on jury panel
(Weeks v. United States, 1914)
held that evidence illegally obtained by federal law enforcement officers was not admissible in federal criminal prosecutions. only applied to fed govt so state law enforcement were still free to seize evidence illegally w/out fear of its exclusion in state crim proceedings. pp 214
How has the Batson rule been expanded?
in 1992, SCOTUS held that the rule applies to prosecution as well as defense (Georgia v McCollum 1992) use of preemptory challenges to remove potential jurors based on gender of jurors is also unconstitutional ( J.E.B v alabama, 1994) Powers v. Ohio (1991) - White defendant can challenge prosecutor's exclusion of African-American billboard• Edmonson v. Leesville Concrete Co. (1991) - Batson rule applies to all parties in civil trials• Hernandez v. New York (1991) - Batson rule extended to Hispanic jurors
What are the administrative duties of judges?
in most jurisdictions judges manage their courtroom and support staff. this can include allocation of duties, job performance evaluations, personality conflicts. set court schedules such as hearing and trial dates.
Ake v. Oklahoma (1985)
insanity defense; indigent defendant. SCOTUS; defendant has right to competent psychiatrist to conduct evaluation and help prepare defense
What is community prosecution? How does it operate?
involves partnership among prosecutors office, law enforcement, and the community, in which the authority and power possessed by the prosecutor's office are used to identify and solve problems, enhance public safety, and improve the quality of life in the community. under this model, the role of pros is redefined from a law enforcer in an adversary system to a member of a community partnership w ability to facilitate mediation, galvanize community action five core elements - proactive approach to crime - defined target area - emphasis on problem solving, public safety, quality of life issues - partnership between prosecutor, community, law enforcement - use of varied enforcement methods
Explain the hearsay rule of evidence.
it is out of court statements made by witnesses who are not available to testify at defendants trial pp 226
What are the issues related to the socialization of judges? How is judicial socialization related to methods of judicial selection?
judges learn on the job to perform fundamentals of judging (how to maintain order in hearings and trials, administer a docket and calendar, be decisive in their actions, having a commanding presence). process involves person seeing themselves as judge without getting black robe disease, an overwhelming sense of grandeur, wisdom, or pwr. pp. 202
Describe the criteria of judicial accountability and independence. What are the two forms of judicial accountability? Why are they treated differently?
judicial accountability involves ability of an entity to remove or discipline judges who do not perform their jobs in acceptable manner. judicial independence entails ensuring judges are free to decide cases fairly and impartially based on facts of law w/out consideration of public, political, financial, or outside pressure. two types of judges accountability: decisional and behavioral decisional involves holding judges answerable for judicial rulings. if decision was without bounds of law and based on precedent, desire to hold judge answerable for unpopular ruling is fraught w peril. this accountability is generally inappropriate behavioral accountability involves holding ind judges answerable for their conduct on the bench. explicit statements, acts of bias, rudeness, and lack of respect for parties or council are examples for which judge may be held accountable.
Describe judicial performance evaluation.
judicial performance evaluation programs (JPE). based on how well judge qualities expected of excellent jurist submitted by someone who appeared before the judge. focuses on judge behavior and fall into categories of legal ability, integrity, communication, judicial temperament, and administrative ability. key to JPE are: 1. involve info from ppl w firsthand knowledge through observation, of judge performance 2. expand source of info beyond attorneys to include laypersons, jurors, witnesses, and court staff who have ability to observe.
How did the history of the English jury influence the constitutional right to a jury trial in the United States?
juries have been used for hundreds of years b4 america was discovered. goes back more than 2,000 years to ancient athens and rome, foundation of mod jury has origins in eng. eng jury sys established in america long before US const. structure of jury sys was sim to eng sys, but colonists viewed themselves more american than englishmen, leading jury to become more america. founding fathers deleoped distrust from govt powers over citizens. pp. 245
Explain the role of the jury. Should the jury be allowed to decide the law of the case?
jury = fact finder they are to consider evidence and testimony presented to them and determine which facts are true. permitted to consider only facts presented in court as evidence. can only consider evidence admitted in the case. not to consider a defendants refusal to testify. jury not permitted to consider possible punishments.
Explain jury nullification. Is it good or bad? [see also material in chapter 11, pp 334-337]
jury based decision on own sense of fairness, not necessarily on facts "positive" if nullification viewed as ethically correct, depends on community views and ethics
Describe the Supreme Court's rulings regarding jury size and whether verdicts must be unanimous.
jury size Williams v. Florida (1970), the SCOTUS ruled that juries do not have to be made up of 12 people to be constitutional. six person felony jury trial does not violate sixth amendment In Ballew v. Georgia (1978), the Court unanimously held that six was the fewest number of jurors permissible. unanimous verdicts In Apodaca v. Oregon (1972), SCOTUS held that Oregon's law permitting 10-2 verdicts in noncapital cases did not diminish the function of the jury as it articulated in Williams 2 years before. Johnson v. Louisiana (1972), SCOTUS held that Louisiana's statute permitting 9-3 verdicts in noncapital cases did not diminish the validity or reliability of the decision.
List non-prosecutorial duties conducted by prosecutors.
juvenile and dependency matters: - filing petitions to protect neglected children and vulnerable adults (elderly, developmentally disabled etc). also file involuntary commitment actions to provide necessary treatment for mentally ill, chemically dependent, or mentally handicapped child support enforcement: legal steps to collect delinquent child support payments victim assistance: provide assistance to crime victims. include victim notification of court proceedings, orientation about prosecutorial process, crisis intervention assistance, passing along info about counseling and advocacy, and assistance to restitution for financial loses civil asset forfeitures:
What are the challenges faced by crime victims in the judicial process?
lack of input decisions, lack of info about case, pretrial revictimization and invasion of privacy, logistical and financial obstacles faced by victims pp 230
What concerns are raised about the shortage of jurors and jurors' failure to appear when summoned?
lack of jurors has caused rescheduling of trials, increasing cost of administering jury system in courts across US. if someone is coerced to attend jury duty because of fear of fines, they may be bitter in the jury and make angry decisions pp 256
Describe the organization and operation of prosecutor's offices. How might they differ in counties with very large or very small populations?
large pros offices maintain bureaucratic organizational structure.
Which responsibilities for conducting a criminal defense are primarily in the hands of counsel and which are controlled by the defendant?
lawyer had duty to provide diligent and competent representation. responsibility includes counseling the defendant, investigating items relevant to the case, pursuing a favorable disposition (plea bargain) prior to trial, zealously presenting the defendant's case in court, challenging the prosecution's evidence and cross-examining prosecution witnesses at trial, and, most of all, ensuring that the defendant's rights are honored and protected. criminal defense attorneys are required to "serve as the accused's counselor and advocate with courage and devotion and to render effective, quality representation" (American Bar Association, 1993, Standard 4-1.2[b]) decisions and responsibilities of defendants include whether to... plead guilty, accept plea agreement, waive a jury trial, testify, appeal
Describe the issues related to the lack of juror diversity.
many reasons why there is non representation of ppl on juries disproportionate # of white ppl in jury master list and jury pools. many states use voter registration lists as source of jury pool. latinx and black people traditionally have lower voter rates. in some states, people with felonies are not able to vote or serve on juries. language barriers can be difficult for those who are not sufficient in English
Describe and briefly evaluate how state and federal judges held accountable for misconduct?
most allegations of judicial misconduct dealt w by judicial councils established by judicial councils reform and judicial conduct and disabilities act of 1980. council may refer matter to house of reps w recommendations that impeachment proceedings occur. all 50 states have orgs to investigate allegations. orgs called judicial disciplinary commissions are made up of judges, attorneys and non attorney citizens created by the states supreme court. sanctions of misconduct can include private or public censure, suspension, or removal from bench
Swain v. Alabama
must prove systematic exclusion of race
After reading about the Sam Sheppard case, do you think that criminal trials should be recorded and televised?
opinion based Supreme Court, acting on habeas corpus review, vacated the conviction on the grounds that the massive pretrial publicity and carnival atmosphere denied him his right to a fair trial (Sheppard v. Maxwell, 1966). The Court repeatedly chided the trial court judge for losing control of his courtroom. once he was retired of his case, he was found not guilty.
Explain and describe a victim impact statement.
permits victims to explain the pain, trauma, financial hardships, or other effects the crime has had on their life. permitted to provide input on the sentence they believe would be appropriate as well as info any restitution or financial compensations they deem appropriate. all 50 states provide right to victims in one form r another
Explain the petty offenses exception. Does it make sense? How would you draw the line between petty and serious crime?
petty offenses: whose cumulative period of incarceration on conviction could br longer than 6 months is not entitled to a jury trial Baldwin v. New York (1970), "no offense can be considered petty for purposes of the right to trial by jury where incarceration for over six months is authorized." pp 248
Can a defense attorney violate a defendant's desires as to how conduct a capital defense if the attorney does so to save the client's life? [McCoy v. Louisiana, 2018]
pg 172
Explain the process of plea bargaining.
plea bargain means the prosecution and defense each give up something to reach a mutually acceptable disposition. prosecutor sets ground rules for the bargain. prosecutor's control of plea bargaining process largely result of discretion possessed by prosecutor in deciding what charges to file against defendant. Prosecutor has internal incentives to avoid trials and the uncertainty of them. By charging a defendant with the highest level of crime possible, the prosecutor can agree to let the defendant plead guilty to a lesser offense.
What is the prosecutor considered a very powerful role?
powerful role of prosecutors articulated by 1940s SCJ Robert Jackson: prosecutor has more control over life, liberty, and reputation than any other person in America. Has tremendous discretion. Can have a citizen investigated. Can order arrests, present cases to grand jury in secret session. While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst.
Describe the rise of progressive prosecutors.
progressive politics revolves around using prosecutorial discretion to move away from punitive nature of prosecution and towards utilitarian approach focusing on public safety and criminal adjudication. goal is to reduce mass incarceration and reform policies of pros offices to help low level offenders, reduce wrongful convictions, and effectively prosecute career violent criminals. pp 139
Elkins v. United States (1960),
prohibiting the introduction of illegally seized evidence in federal prosecutions regardless of whether the illegality was committed by state or federal agents. pp 215
How do various forms of prosecutorial misconduct undermine the core of prosecutorial ethics?
prosecutor has a large effect on how citizens view their government. If prosecutors are perceived as operating outside the rule of law, respect for the government and court system's authority and legitimacy will be diminished. - courtroom misconduct (making inappropriate or inflammatory comments) - mishandling of physical evidence - failing to disclose exculpatory evidence - threatening, badgering witness - false or misleading evidence - harassing pp. 138
What factors determine whether prosecutors will prosecute or dismiss case?
prosecutor's control of plea bargaining process largely result of discretion possessed by prosecutor in deciding what charges to file against defendant. Prosecutor has internal incentives to avoid trials and the uncertainty of them. disclosure of evidence. three classes of evidence required to disclose to a defendant: 1. testimony and physical evidence that prosecutors intend to use at trial (police reports, witness interviews, lab reports, expert witness reports) 2. exculpatory material evidence: evidence that is favorable to the defendant. 3. impeachment evidence: evidence that calls into question the credibility of a witness
What is the "courtroom workgroup"? how does it function?
prosecutor, judge, defense attorney. - frequently interact in cases - develop going rates for guilty pleas - create efficient, cooperative system, modifies adversarialism functions like an assembly line with each component anticipating what other components will do next. it operates to decrease uncertainty and to increase efficiency. going against work group expectations - judge does not accept guilty plea - prosector requests higher than average sentance - defense attorney takes cases to trial deemed innapropriate - work group members can sanction or punish the errant member by not granting typical accommodations
Describe a defendant's Fourth Amendment rights related to the exclusionary rule.
provides that any evidence obtained by law enforce officers violating 4th amend guarantee against unreasonable searches and seizures is not admissible in crime trial to prove guilt. applied to states by the US supreme court in Mapp v Ohio (1961). purpose of exclusionary rule is to deter police misconduct. SCOTUS indicated it is merely judicially created remedy for vios of 4th amend
What are the various legal roles of trial judges? Which do you think is most important?
rearrest roles - sign search and arrest warrants. every application must be reviewed to determine if probable cause exists. postarrest/ pretrial roles - deciding what conditions should be imposed for an arrestee to be released from custody. judge must schedule deadlines for motions to suppress evidence or dismiss some or al of the charges. encourage plea agreements prior to trial and urge prosecutor to consider going rates trial roles presiding over jury trials. instruct jury on law that they are to apply when reaching a verdict. duty to consider if there is sufficient evidence presented for jury to find decedent guilty beyond a reasonable doubt. responsibility for safeguarding rights of accused and the interests of public. post trial roles duty to impose a sentence. they have discretion to decide conditions of probation
What does research indicate about whether assigned counsel for indigent defendants or retained (paid) defense counsel are better?
research has consistently indicated that there is little variation in case outcomes between privately retained attorneys and assigned counsel. no significant difference in the rate of case dismissals, convictions, and sentences following conviction for defendants represented by appointed counsel and retained attorneys. Attorneys who are hired and paid by a defendant spend more time with their clients than attorneys who are appointed to represent defendants. private attorneys file more motions, attend more hearings, and meet with family members more often than do appointed council.
Taylor v. Louisiana (1975)
reversed Hoyt; excluding women from juries violates ideal of impartial cross section of the community
Describe a criminal defendant's trial rights related to: A speedy trial Be present at trial Have assigned expert witnesses Compulsory process (subpoena) Present a defense Testify Confront and cross-examine witnesses
sixth amendment guarantees right to speedy trial in all criminal prosecutions. it is necessary that a defendant affirmatively and clearly request a speedy trial and not waive their right to one. be present at trial: based two constitutional rights, confrontation clause of 6th amendment and due process clause of 14th amendment. confrontation clause provides defendants w right to confront witness who provide pros at trial. court says defendant has right to be present when being present has reasonably substantial relationship to their ability to effectively defend the charges. right to be present at trial may be forfeited or waived by defendant FINISH THIS ONE PAGE 223
Describe the use of anonymous jurors.
the use of anonymous juries based on concerns for juror safety, juror privacy and freedom from harassment by the media, and protection from potential juror tampering has been approved by state and federal courts. When they are used, it must be for a specific reason. pp. 258
How do prosecutors assist law enforcement officers?
their responsibility to advice police on the legality of investigatory matters. involves assessment of probable cause for an arrest or search warrant. routinely prepares warrants and presents them to judge for approval also have important role in deciding how investigations proceed. prosecutor is in the best position to know what and the amount is necessary for filing charges. Prosecutors are the gatekeeper to the system and have ability to commence prosecution
struggles of judge elections
typically based on gender, ethnicity, ballot position, or name recognization. voter participation tends to be lower in non partisan elections that partisan if judge retires, dies, or decides to resign before end of term, interim judge is appointed by governor or merit selection. problem is very few sitting judges are challenged in these elections
Describe the challenges of immigrants as crime victims.
undocumented immigrants have been increasingly reluctant to report victimization to authorities, cooperate in prosecutions, and appear as witnesses. The fear of being deported if they report a crime to the police is real. pp 238
Describe the historical evolution of American prosecutors.
uniquely american, hybrid of British & European ancestry that evolved over time. - public prosecutors appointed by colonial attorneys general private prosecution - eng had private pros, now expanding - colonies saw priv prosecutors as extortion in us, priv pros common into 19th cen in 17th cen, American colonies adopted the English system of private pros of crim crimes . bc victims could not go to state capitals to pursue their claim, this system was unfit for the vast colonies. colonies started to prosecute offenders to help alleviate these issues. Colonies appointed deputy attorneys general to handle prosecutions for each county throughout the 17th and 18th cen . By the time of the American Revolution, local public prosecutions were being carried out in every colony. As colonies expanded, it became clear that a public prosecutor in a central location would struggle to prosecute offenders throughout them. The prosecutor was a position that sat on the border between the executive and judicial branches in 1789 and was selected by the government. The Judiciary Act of 1789 established the executive appointment system in the federal government. Prosecuting attorneys were still appointed at the state and local levels in accordance with state constitutions or local custom. The populist movement (Jacksonian democracy) rose to popularity in the 1820s. Citizens' ability to elect more public officials directly increased with the emergence of Jacksonian democracy. The majority of states had direct elections for prosecuting attorneys by the end of the 18th century.
Explain challenges for cause.
unlimited: cannot seta jurors who are obviously biased challenge for cause can be made if attorney believes potential juror is biased and cannot be fair and impartial. prosecution and defense are not limited to number of challenges of cause they can make pp 260
What does data reveal about the diversity of American judges?
vast majority of judges in the US are white men. 3/4 state judges and 2/3 of federal judges are men. nearly 90% of state court judges and 75% of federal judges are white. although numbers are skewed towards white men, american judiciary is more diverse than ever. from 1985- 2005 # of non white judges and female judges increased approx 20% increases are due to a combination of an increased pool of female and minority attorneys to serve on the bench, an increase in the public's acceptance of non-White men in positions of authority, and any number of immeasurable reasons. pp. 199
How does voir dire work? Does it produce impartial juries?
voir dire "to see to speak" - prospective jurors r questioned under oath by attorneys and judge to determine appropriateness to sit as a juror for specific trial judge likely to introduce jury to attorney and defendant. judge will read the names of ppl who are to testify. if a juror knows any individuals, they are removed. judge will explain nature of offense and ask if jurors cannot consider evidence impartially. after preliminary items, jury asked more personal questions in order to get info, as well as allow the judge and attorneys to see jurors demeanor, body language etc. "official goal" is to select jurors who can consider the case in a fair, impartial, and unbiased manner. Although this is true to a degree, in reality attorneys want jurors who are predisposed to rule in their favor pp 258
Explain peremptory challenges.
when attorneys are given opportunity to have certain # of potential jurors removed from panel without having to state a reason. each side is allowed to remove a set number of jurors. old rule: can exclude juror for any reason new rule: cannot exclude if reason is based on race, ethnicity, religion, or gender
Pena-Rodriguez v. Colorado (2017)
where jurors make clear statements that vote relied on racial stereotype or animus, conviction must be overturned; overrides no impeachment rule
4) Describe a criminal defendant's trial rights related to: — A speedy trial — Be present at trial — Have assigned expert witnesses — Compulsory process (subpoena) — Present a defense — Testify — Confront and cross-examine witnesses
— A speedy trial= that an accused individual should be given the chance to have the charge dropped as soon as practicable. This is especially true if the person is being detained while the charges are resolved. The Sixth Amendment clearly ensures the right to a speedy trial in all criminal proceedings based in great part on this concept. Although this basic statement is uncontested, it has proven to be challenging, if not impossible, to put a number on what exactly constitutes a deprivation of a defendant's right to a speedy trial. — Be present at trial= A criminal defendant has a right to attend his or her trial, according to the Supreme Court. The Confrontation Clause of the Sixth Amendment and the Due Process Clause of the Fourteenth Amendment serve as the foundation for these two constitutional rights. Defendants have the right to confront witnesses who testify for the prosecution at trial under the Confrontation Clause, which is covered in further depth below. — Have assigned expert witnesses= — Compulsory process (subpoena)= The stated right to compel people to attend in court and testify as witnesses for the defense is given to defendants under the Compulsory Process Clause. The defense asks the court for a subpoena in order to do this. A subpoena is merely a court order that directs someone to show up at a certain location and time to testify as a witness. The individual whose attendance is requested must physically receive a subpoena that the court issues. An individual who refuses to appear in court as directed after receiving a subpoena is likely to be found in contempt of court. This privilege includes the ability for law enforcement to bring witnesses who are detained in prison or jail to testify in court. — Present a defense= It's crucial to remember that a defendant does not necessarily have the right to offer whatever evidence or testimony they choose. Evidence and testimony must, at the very least, be relevant and reliable in the judge's view in order to be admitted into evidence and testimony. When a fact is significant in deciding the course of action, evidence is deemed important if it tends to increase or decrease the likelihood of the fact. — Testify= It's crucial to keep in mind that limits on a defendant's ability to testify are acceptable as long as they are not capricious or excessive. Defendants are limited to discussing admissible material when they testify. The court may exclude testimony that is deemed to be irrelevant to the case or untrustworthy, just as with other witnesses. The most important choice for the defense to make at trial is whether or not a defendant testifies on his or her own behalf. — Confront and cross-examine witnesses= The right to confront witnesses and evidence presented by the prosecution in a criminal trial or other processes that are significantly relevant to the defendant's capacity to defend against the allegations brought against them is guaranteed by the confrontation clause. The right to face one's accusers directly and the right to cross-examine prosecution witnesses are the two separate ideas covered by the provision.