Chapter7 powerpoint lecture admj50-1

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Chapter7 powerpoint lecture admj50-1

  1. 1. Courts and Adjudication ADMJ 50
  2. 2.  Recognize the structure of the American court system Analyze the qualities that we desire in a judge Identify the ways that American judges are selected Understand the roles of the prosecuting attorney Analyze the process by which criminal charges are filed and what role the prosecutor’s discretion plays in that process Identify those with whom the prosecutor interacts in decision making Understand the day-to-day reality of criminal defense work in the United States Know how counsel is provided for defendants who cannot afford a private attorney ADMJ 50
  3. 3.  The United States has a dual court system Separate federal and state court systems handle matters throughout the nation Other countries have a single national court system American rules and traditions permit states to create their own court systems to handle most legal matters, including most crimes ADMJ 50
  4. 4.  Court process employed in the United States in which lawyers for each side represent their clients’ best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants In the United States, both state and federal courts use the adversarial process ADMJ 50
  5. 5.  Court process employed in most countries of the world in which the judge takes an active role in investigating the case and examining evidence by, for example, questioning witnesses ADMJ 50
  6. 6.  The geographic territory or legal boundaries within which control may be exercised; the range of a court’s authority. ADMJ 50
  7. 7.  Enforcing the norms of society Processing disputes within society Making policy ADMJ 50
  8. 8.  Trial courts of limited jurisdiction - Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases Trial courts of general jurisdiction - Criminal courts with jurisdiction over all offenses, including felonies. In some states these courts also hear appeals Appellate courts - Courts that do not try criminal cases but hear appeals of decisions of lower courts Courts of last resort - All states have courts of last resort , usually called state supreme courts ADMJ 50
  9. 9.  Two types of state courts: Trial Courts Appellate Courts ADMJ 50
  10. 10.  Trial courts are also called ―Superior Courts.‖ There 58 Trial Courts – one in each county. Superior Courts handle: ◦ all criminal cases (felonies, misdemeanors, and traffic tickets). ADMJ 50
  11. 11.  There are two types of Appellate Courts in California ◦ Courts of Appeal ◦ California Supreme Court There are 6 Courts of Appeal and one California Supreme Court ADMJ 50
  12. 12.  The Courts of Appeal are California’s intermediate courts of review. If you are not satisfied with a trial court decision, you can appeal a case in an Appellate Court. ADMJ 50
  13. 13.  The Supreme Court is the state’s highest court. It can review cases decided by the Courts of Appeal. There are 7 Justices on the California Supreme Court. Also, certain kinds of cases go directly to the Supreme Court. ◦ Death penalty appeals ◦ Disciplinary cases involving judges or lawyers ADMJ 50
  14. 14.  http://www.cbsnews.com/video/watch/?id=7 387475n ADMJ 50
  15. 15.  U.S. district courts are the federal trial courts of general jurisdiction U.S. circuit courts of appeals are the intermediate appellate courts U.S. Supreme Court is the court of last resort ADMJ 50
  16. 16.  Defendants see a judge whenever decisions about their future are being made: when bail is set, pretrial motions are made, guilty pleas are accepted, a trial is conducted, a sentence is pronounced, and appeals are filed Judges also perform administrative tasks outside of the courtroom ADMJ 50
  17. 17. ADMJ 50
  18. 18. • Adjudicator• Negotiator• Administrator ADMJ 50
  19. 19.  Judges must assume a neutral stance in overseeing the contest between the prosecution and the defense They must apply the law in ways that uphold the rights of the accused in decisions about detention, plea, trial, and sentence Judges receive a certain amount of discretion in performing these tasks—for example, in setting bail—but they must do so according to the law They must avoid any conduct that could appear biased ADMJ 50
  20. 20.  Many decisions that determine the fates of defendants take place outside of public view, in the judge’s private chambers These decisions come about through negotiations between prosecutors and defense attorneys about plea bargains, sentencing, and bail conditions The judge may act as a referee, keeping both sides on track in accordance with the law Sometimes the judge takes a more active part in the negotiations, suggesting terms for an agreement or even pressuring one side to accept an agreement. ADMJ 50
  21. 21.  A seldom-recognized function of most judges is managing the courthouse Judges are in charge of their own courtroom and staff In rural areas the judges’ administrative tasks may expand to include managing labor relations, budgeting, and maintenance of the courthouse building Judges deal with political actors such as county commissioners, legislators, and members of the state executive bureaucracy ADMJ 50
  22. 22.  Gubernatorial appointment Legislative selection Merit selection Nonpartisan election Partisan election A mixture of methods ADMJ 50
  23. 23. Nonpartisan election - An election in whichcandidates’ party affiliations are not listed on theballot.Partisan election - An election in which candidatesopenly endorsed by political parties are presentedto voters for selection ADMJ 50
  24. 24.  Should voters have a direct voice in the selection and removal of judges? ADMJ 50
  25. 25.  Can citizens vote for judges intelligently without having a party label on the ballot tell them about the candidate’s partisan affiliations? ADMJ 50
  26. 26.  A reform plan by which judges are nominated by a commission and appointed by the governor for a given period When the term expires, the voters approve or disapprove the judge for a succeeding term If the judge is disapproved, the committee nominates a successor for the governor’s appointment ADMJ 50
  27. 27.  A reform plan by which judges are nominated by a commission and appointed by the governor for a given period ◦ [In California, judges are appointed by the Governor and confirmed by the Commission.] (Hybrid – gubernatorial appt./merit selection) When the term expires, the voters approve or disapprove the judge for a succeeding term If the judge is disapproved, the committee nominates a successor for the governor’s appointment ADMJ 50
  28. 28.  California Constitution, Art. VI - governor to appoint judges to the Supreme Court or Courts of Appeal subject to confirmation by the Commission on Judicial Appointments. ◦ Must stand for retention every 12 years. It also provides for the governor to make interim appointments of judges to the Superior Courts when vacancies occur. Superior Court judges are elected in nonpartisan elections ◦ Must stand for retention every six (6) years ADMJ 50
  29. 29.  Does merit selection eliminate politics? ADMJ 50
  30. 30.  The commission has three members: ◦ the Chief Justice, ◦ the Attorney General, and ◦ the senior presiding justice of the Court of Appeal of the affected appellate district. If a Supreme Court appointee is being considered, the third member of the commission is the states senior presiding justice of the Courts of Appeal. ADMJ 50
  31. 31.  The commission convenes after the Governor nominates or appoints a person to fill a vacancy on either the Supreme Court or a Court of Appeal. Holds public hearings. No appellate appointment is final until the commission has filed its approval with the Secretary of State. The approved nominee’s name is placed on the ballot at the next general election. ADMJ 50
  32. 32.  Agency of the State Bar: Members ◦ are volunteer attorneys and public members (non-lawyers). ◦ investigate the governors candidates for judicial appointment while maintaining a code of strict confidentiality. (The JNE Commission cannot nominate or appoint judges.) ◦ serve terms of approximately one year (beginning February 1) and may serve up to three consecutive terms. ADMJ 50
  33. 33.  Three Supreme Court justices 35 Court of Appeal justices 399 Superior Court Judges ADMJ 50
  34. 34.  Do retention elections make judges more independent? ADMJ 50
  35. 35.  Do retention elections make them more sensitive to public opinion? ADMJ 50
  36. 36. What are the pros and cons of lifetimeappointments for U.S. Supreme CourtJustices? ADMJ 50
  37. 37.  Alexander Hamilton discussed the reasons for appointing judges for life in the Federalist Papers, No. 78 Champions of a limited constitution against legislative encroachments, Protecting the minority against the majority To do this, the judiciary needed to be independent. ADMJ 50
  38. 38. Chief Justice Rose Birdhttp://www.youtube.com/watch?v=Kd162US36to ADMJ 50
  39. 39.  Public opinion on integration in 1954 ◦ Nationwide white approval of racial integration  Schools 1942 (30%) 1956 (48%) ◦ Source: Black Radicals and the Civil Rights Mainstream, 1954 – 1970, by Herbert H. Haines ADMJ 50
  40. 40.  Prosecuting attorneys make discretionary decisions about whether to pursue criminal charges, which charges to make, and what sentence to recommend They represent the government in pursuing criminal charges against the accused Federal cases are prosecuted by United States attorneys Each state has an elected state attorney general, who usually has the power to bring prosecutions in certain cases ADMJ 50
  41. 41.  Prosecuting attorney - A legal representative of the state with sole responsibility for bringing criminal charges. In some states this person is referred to as the district attorney, state’s attorney, or county attorney United States attorneys - Officials responsible for the prosecution of crimes that violate the laws of the United States. Appointed by the president and assigned to a U.S. district court jurisdiction State attorney general - Chief legal officer of a state, responsible for both civil and criminal matters ADMJ 50
  42. 42.  Prosecutors have great influence because they are concerned with all aspects of the criminal justice process From arrest to final disposition of a case, prosecutors can make decisions that largely determine the defendant’s fate Prosecutors’ links with the other actors in the system shape the prosecutors’ decisions Prosecutors gain additional power from the fact that their decisions and actions take place away from public view ADMJ 50
  43. 43.  Trial counsel for the police House counsel for the police Representative of the court Elected official ADMJ 50
  44. 44.  Trial Counsel – reflect the views of law enforcement and project a crime fighter stance in public. House Counsel – give legal advice to police so arrests can stand up in court. ADMJ 50
  45. 45.  "In the criminal justice system, the people are represented by two separate yet equally important groups: the police who investigate crime and the district attorneys who prosecute the offenders. These are their stories." —Opening narration ―Law and Order.‖ ADMJ 50
  46. 46.  Means that prosecutor, a lawyer, is an officer of the court with special ethical responsibilities to ensure that the rights of all the people are respected, even defendants. ADMJ 50
  47. 47.  The prosecutor, as an elected official, is accountable to the voters for his actions. ADMJ 50
  48. 48.  Trial counsel for the police House counsel for the police Representative of the court Elected official Do you see any potential conflicts in these roles? ADMJ 50
  49. 49. ADMJ 50
  50. 50.  Because they have such broad discretion, prosecutors can shape their decisions to fit different interests The prosecutor can use discretion in deciding what cases to prosecute as well as the the number of charges to file. By filing as many charges as possible, the prosecutor strengthens his or her position in plea negotiations ADMJ 50
  51. 51.  Grammy winning Rapper T.I., recently released from federal prison on weapons charges, and his new wife, ―Tiny‖ Tameka Cottles, were arrested last month on drug possession charges. T.I. and Tiny had in their possession, marijuana and ecstasy pills. T.I., was on supervised release and probation after serving 10 months was ordered back to prison for 11 months for violating his probation (drug possession, failing drug tests, and being in the company of a convicted felon). You are the prosecutor and have to decide whether to prosecute T.I. and Tiny on the drug possession charges. What say you? ADMJ 50
  52. 52.  Police Victims & Witnesses Judges & Courts Community ADMJ 50
  53. 53.  The lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice The defense attorney advises the defendant and protects his or her constitutional rights at each stage of the criminal justice process. The defense attorney advises the defendant during questioning by the police, represents him or her at each arraignment and hearing, and serves as advocate for the defendant during the appeal process ADMJ 50
  54. 54. ADMJ 50
  55. 55.  Indigent defendants are those who are too poor to afford their own lawyers The Supreme Court has interpreted the ―right to counsel‖ in the Sixth Amendment to the Constitution as requiring that the government provide attorneys for indigent defendants The portion of defendants who are provided with counsel because they are indigent has increased greatly in the past three decades ADMJ 50
  56. 56.  Assigned counsel An attorney in private practice assigned by a court to represent an indigent. The attorney’s fee is paid by the government with jurisdiction over the case. Contract counsel An attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount. Public defender An attorney employed on a full-time, salaried basis by a public or private non-profit organization to represent indigents. ADMJ 50
  57. 57. ADMJ 50
  58. 58.  Government-salaried attorneys who handle criminal cases for defendants who are too poor to hire their own attorneys These attorneys focus exclusively on criminal cases and usually develop significant expertise They cannot always devote as much time as they want to each case, because they often have heavy caseloads. ADMJ 50
  59. 59.  Workgroup defined: A collection of individuals who interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles that differentiates the group from others and that facilitates cooperation. ADMJ 50
  60. 60.  Recognize the structure of the American court system Analyze the qualities that we desire in a judge Identify the ways that American judges are selected Understand the roles of the prosecuting attorney Analyze the process by which criminal charges are filed and what role the prosecutor’s discretion plays in that process Identify those with whom the prosecutor interacts in decision making Understand the day-to-day reality of criminal defense work in the United States Know how counsel is provided for defendants who cannot afford a private attorney Understand the courtroom workgroup and how if functions ADMJ 50

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