● Adversarial legalism○ American tort system ○ Arbitration ○ Mediation○ Settlement● US prisons○ We imprison more people than anyone else in the world ○ More than 700 for every 100,000○ Increase in prisoners■ Due process revolution■ “Law and order” politics ■ War on drugs○ Increase in federal activity in prisons● Before the right to counsel: foote’s world○ Famous article is an ethnographic study of the criminal justice system prior to theright to counsel○ Vagrancy cases○ What is vagrancy law?■ Anti-loitering statutes, struck down as unconstitutionally vague (violated due process of law)○ How did these preceedings work?■ Defendants brought in en masse; asked by the judge to state their name and whether they had work○ Were they informed of charges ■ No○ How long did these preceedings last■ Less than one minute■ One sessions, 55 cases decided in 15 minutes○ Stakes? ■ If guilty, county jail for three months ■ If not, make a contribution or out on the “goon squad”○ lawyers ?■ No ○ Juries? ■ No○ Appeals? ■ No ○ Responsive to political pressure■ Yes, the mayor would announce campaigns to clean up downtown and the media brought into court○ Open? ■ Yes, to public and law professors○ Effectiveness ■ No data ● Before the right to counsel: summary○ Type of system■ expert/political ○ Locus of action■ Courtroom○ Players ■ Judge■ Police ■ Media ■ Mayor ● After the right to trial: procedural timeline○ Arrest○ Initial appearance ■ Probable cause for arrest?○ Prelim hearing■ Probable cause for charge based on evidence?○ Grand jury or information■ Prosecutor have enough indict?○ Arraginent■ Formal charges and plea○ Discovery and pretrial motions○ Trial ○ Verdict ○ Sentencing○ Appeals● After the right of counsel: structural overview○ Type of system■ Adversarial legalism○ Locus of action■ Courtroom○ Players■ Judges, staff of clerks, prosecutors, defendants, attorneys, juries, witnesses● After the right of counsel: practical overview○ Type of system■ Mixed--some A-L■ Mostly expert bargaining ○ Locus of action■ Pre-trial proceedings ■ Backroom○ Main players ■ Lawyers ■
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