Chapter 16

The Judicatory Process

Court Structure

• State Courts Most states employ a multitiered court structure Lower courts try misdemeanors Superior courts try felony cases Appellate courts review procedures of trial courts

Figure 16.1 Structure of a State Judicial System

Court Structure

• Federal Courts Three tiers: district courts, courts of appeal, and U.S. Supreme

Court Supreme Court comprised of nine members, who grant certiorari

to review cases Supreme Court cases can become precedent cases

• Court Case Flow Nearly 100 million new cases are brought each year Court cases are up even though crime rates are down

Figure 16.2 The Federal Judicial System

Figure 16.3 Tracing a Case to the U.S. Supreme Court

Actors In The Judicatory Process

Adversary system The objective is to seek the truth and keep the process fair

Actors In The Judicatory Process

• Prosecutors Prosecutor is a public official who represents the government in

trials and grand juries Types of prosecutors:

• U.S. Attorney General• District Attorney• County Attorney• Commonwealth Attorney• State’s Attorney

Commonly elected positions

Actors In The Judicatory Process

• Prosecutorial Discretion Prosecutors maintain a great deal of discretion Nolle Prosequi (dismissing a case) Factors influencing discretion include:

• Attitude of the victim• Cost of the prosecution• Undue harm to the suspect• Availability of alternative procedures• Availability of civil sanctions• Willingness of suspect to cooperate

Political issues affect “convictability” (chances for a conviction)

Actors In The Judicatory Process

• Defense Attorney Responsible for providing legal representation of the defendant

• Protecting the constitutional rights of the accused• Presenting the best possible legal defense

Indigent defendants have the right to counsel (public defenders) Some defense lawyers work pro bono (volunteer their services) Defense attorneys can refuse to represent a client who is

suspected would commit perjury (Nix v. Whiteside)

Actors In The Judicatory Process

• Judge Senior officer in the court Rules on the appropriateness of conduct, settles questions of

evidence and procedure, and guides the questioning of witnesses Maintains control over other service agencies of the court

Actors In The Judicatory Process

• Judicial Selection Appointed by governors or special committees, or election Missouri Plan is used in more than 30 states:

• Nomination of candidate• Appointment by a commission• Noncompetitive elections for retention

Judicial Overload Number of civil and criminal filings has increased dramatically

since 1985 Average cases per judge: 1500 civil and criminal cases per year

Pretrial Procedures

• Bail Money or some security provided to the court to ensure the

appearance of the defendant at trial Originated from English common law Eighth Amendment right Nearly two-thirds of defendants are released by the court prior to

appearance• Making Bail

Drug and public order offenders are most likely to be bailed Defendants with active criminal justice status are more likely to

be detained (54 percent)

Pretrial Procedures

• The Problems of Bail The bail system is costly since the state must pay housing costs Most significant problems with bail include:

• Increases punishment risk (more likely to be convicted)• Bonding and recovery agents (sometimes unscrupulous)

Skip tracers or bounty hunters may be used to track down fugitives

• Bail Reform Encouraged the use of pretrial release Most defendants return for trial

Pretrial Procedures

• Weblink

www.bounty-hunter.net

Pretrial Procedures

• Preventive Detention The Bail Reform Act of 1984 allows federal offenders if the safety

of another person or community is at risk U.S. v. Salerno upheld that preventive detention is permissible for

public safety Schall v. Martin pertained to the holding of juvenile offenders

Pretrial Procedures

• Plea Bargaining One of the most common practices (90 percent of felonies plead

guilty and 98 percent of misdemeanors) Motivations for pleading guilty include: strong cases, minimizing

sentences, and protection of accomplices. Plea bargains can benefit prosecutors in case that would have

otherwise been dismissed due to weak evidence• Plea Bargaining Issues:

Costs of prosecution are reduced Efficiency of the courts are improved Prosecution can devote more time to serious cases Defendant avoids extended detention waiting for trial

Pretrial Procedures

• Control of Plea Bargaining Reforms have been made which include: uniform plea practices,

presence of counsel during negotiations, and establishment of time limits

Alaska eliminated the process in 1975 Iowa, Arizona, Delaware, and the District of Columbia have

sought to limit plea bargains

The Criminal Trial

• Jury Selection Selected randomly (commonly through voter registration) Process of voir dire (questioning) Challenges for cause (bias) Peremptory challenges (no particular reason) Batson v. Kentucky ruled peremptory challenges due to race

violated equal protection of the law• Impartial Juries

Sixth Amendment safeguards against jury bias

CNN Clip - Hospital Patient Deaths

The Criminal Trial

• The Trial Process• The basic steps of the criminal trial:• Opening statements• The prosecutions case• Cross-examination • The defense’s case• Rebuttal• Closing arguments• Instructions to the jury• Verdict• Sentencing• Appeal

Figure 16.4 The Steps of a Jury Trial

The Criminal Trial

• Trials and Rule of Law• Right to a Speedy Trial (within a reasonable period)

Federal Speed Trial Act 1974 (100 days rule)• Right to a Jury Trial• Right to be Free From Double Jeopardy (Fifth Amendment)• Right to Legal Counsel ( Sixth Amendment) • The Right of be Competent at Trial (including forced

medication)• Right to Confront Witnesses

Sentencing

• Purposes of Sentencing Deterrence, Incapacitation, Rehabilitation, and Retribution

• Sentencing Dispositions Generally five types

• Fines• Probation• Alternative or Intermediate Sanctions• Incarceration• Capital Punishment

Sentencing

• Imposing the Sentence May be by jury, judge, or administrative body Concurrent sentence means both sentences are served together Consecutive sentence means upon completion of one sentence

the other sentence begins

Sentencing

• Sentencing Structures Indeterminate Sentences: length of sentence varies Determinate Sentences: fixed period of time Structured Sentences: use of guidelines to make sentencing

more rational Mandatory Sentences: use of minimum sentences Truth in Sentencing: serving substantial portion of prison

sentences (1984)

Table16.1 Sentencing Guidelines Grid

Sentencing

• Three Strikes Laws Provides lengthy terms for persons convicted of the third felony Some judges defy the provisions as being unduly harsh Critics charge: 1) three-time losers are on the verge of aging-out

of crime, 2) overburdens the prison system, and 3) police may be more at risk

Sentencing

• How People Are Sentenced Nearly two-thirds of all felons are confined Average sentence for felons is 4 _ years (serving 2 _) 39 percent of felons are ordered to pay fines, restitution, or

comply with some other additional penalty Most serious crimes are most likely to receive prison

Table 16.2 Lengths of Felony Sentences Imposed by State Courts, 2000

• How People Are Sentenced Nearly two-thirds of all felons are confined Average sentence for felons is 4 _ years (serving 2 _) 39 percent of felons are ordered to pay fines, restitution, or

comply with some other additional penalty Most serious crimes are most likely to receive prison

Sentencing

• Sentencing Disparity Sentencing variations are affected by:

• The offender’s prior criminal record• Whether the offender used violence• Whether the offender used weapons• Whether the crime was committed for money

Extralegal factors such as age, race, gender, and economic status affect sentencing outcomes

Figure 16.5 Type of Sentence Received for a Felony Conviction by Prior Conviction Record, 2000

The Death Penalty

• The Death Penalty Debate• Arguments for:

It is fair to punish the wicked Biblical implications Retribution Deterrence for life sentences Ultimate incapacitation Racial disparity seems to be fading

The Death Penalty

• Arguments Against the Death Penalty Little deterrent effect Executions may increase crime (brutalization effect) Gender, racial and ethnic biases Causes more crime (police at risk) Brutal and demeaning Support is not widely approved by the public Precludes any rehabilitation The death penalty is capricious Not proven to be a deterrent Costs could be greater than life sentences due to legal appeals

The Death Penalty

• Legality of the Death Penalty Furman v. Georgia (1972) placed a moratorium on death

sentences as cruel and unusual punishment Gregg v. Georgia (1976) reinstatement based on aggravating

factors Wilkins v. Missouri and Stanford v. Kentucky limited the earliest

age of execution as 16 years. Atkins v. Virginia prohibited the execution of mentally retarded

criminals

Figure 16.6 Executions 1930-2003