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 the right 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 judges
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