CCJS100 Exam 2 Notes COURTS AND COURTROOM WORKGROUP Important Terms Adjudication formal process of resolving legal disputes Jurisdiction the authority given to the court to hear and resolve disputes 3 types Hierarchical Jurisdiction structure of court system lower to higher courts o Trial Courts minor and major o Intermediate Appellate Courts o High Courts Geographic Jurisdiction federal and state courts create certain boundaries by state county region etc Subject Matter Jurisdiction limited or general o District courts limited jurisdiction minor civil and criminal cases misdemeanors no jury trials o Circuit courts general jurisdiction major civil and criminal cases felonies jury and non jury trials Original jurisdiction where the case originates Structure of the Dual Court System Trial Courts to resolve factual disputes Minor and major trial courts Appellate Courts to see if something went wrong in the case If trial found to have not gone well they can dismiss or retry defendant High Courts US or state supreme courts state court of appeals Rarely original jurisdiction Discusses only state and federal laws not county The Courtroom Workgroup The working relationship among court employees Primary actors Judge o Referee enforcing rules of procedure and evidence o Methods of selecting Election states and districts usually Appointment federal o Method of selection does not affect quality of judges o Appointed judges generally there for life until retirement So that they do not have to base decision on public opinion o Responsible for instituting legal proceedings against violators of Prosecutor criminal law o Crimes are considered offenses against the state Prosecutors are responsible for acting on the state s behalf o Powerful gatekeepers discretion on who charged what cases heard Defense Attorney o 6th amendment in all criminal prosecutions the accused shall enjoy the right to have the Assistance of Counsel for his defense Gideon v Wainwright 1963 about felony cases Argersinger v Hamlin 1972 about lesser cases but possibility of incarceration 80 of attorneys are appointed by courts 20 hire own o Only 20 of defendants hire their own attorneys o Five roles of the defense attorney 1 Ensure defendant s rights are not violated 2 Make sure defendant knows all options available 3 Provide best possible defense no matter if public defender or private attorney Investigate and prepare the defense 4 5 Argue for the lowest possible sentence or best plea deal Other actors Court security staff court clerks law clerks court reporters translators bailiffs secretaries others THE CRIMINAL TRIAL PROCESS Pretrial and Trial Charges filed Within 48 hours of arrest Charging document must state charge Initial appearance Judge reviewing facts of case and whether probable cause exists Defendant informed of charge and possible results Preliminary hearing or Grand Jury optional Doesn t always happen but is option for defendant Makes sure charging is appropriate for the case Arraignment Formal proceedings where charging document read Defendant enters formal plea guilty not guilty or no contest o No contest evidence makes it appear as if defendant is guilty and will be convicted but defendant no admitting guilt 8 of cases Plea Bargaining optional 95 of the time in felony convictions avoids going to trial Defense and prosecution work together to lower charge and or sentence by getting a guilty plea from the defendant General motions to suppress evidence obtained illegally etc Pretrial Motions Criminal Trial Jury Selection o To make sure jurors are not biased in particular case Opening Statements o Each side s version of events and what will happen later in trial o No evidence shown at this time Prosecutor s case o Always first o Burden of proof on prosecution Defense s case Prosecution Rebuttal Closing Arguments Verdict o Since burden of proof is on prosecution Conceptualizing Punishment Punishment a form of deprivation imposed on a person Socially constructed PUNISHMENT Political ideology Finances Societal characteristics Religious beliefs values Advances in science Varies by time and place Degree varies by nature of offense rather than nonviolent Deprivations of Prison Life Book written by Sykes Liberty Goods and services available to the outside world Heterosexual relationships Personal security 5 Criteria for Punishment Individual autonomy Prison overcrowding has made prison more suited for violent offenders Must involve pain or other consequences normally considered to be unpleasant Offense Must be for an offense against legal rules Offender Must be of an actual or supposed offender for his offense must be given to person who did something wrong Must be intentionally administered by human beings other than the offender Must be imposed and administered by an authority constituted by a legal system against which the offense is committed Justification for Criminal Punishment Many ideas based off of ideas of John Locke Retribution Grounded in the notion that offenders deserve to be punished Three competing views o Revenge Code of Hammurabi eye for an eye o Just deserts proportionality criminal takes something away from victim so something criminal likes must be taken away o Expiation St Thomas Aquinas tries to cause to offender to repent and be forgiven Deterrence Incapacitation Discouragement through fear General Deterrence deterring everybody by punishing somebody Specific Deterrence deterring one person for a crime by exacting crime on that one person Assumptions of this goal o Human decisions are rational o Punishments are swift certain and severe Beccaria 1764 o Offenders are aware of potential punishments for actions Removing the ability to commit criminal activities Most common form imprisonment o Ushered in by Reagan in the 1980s to get tough on crime Other forms o Death penalty o Exile banishment o Removal of instrumentalities chemically castrating sex offenders taking away DUI offender s license Rehabilitation Correcting bad behavior To be effective must be offender specific o Punishment must fit the offender o Identify factors most amenable to treatment o Programs should specifically target changeable factors Paying back the victim for the harm caused by the offender s criminal o Restitution specifically has the offender pay the victim back for whatever harm was caused e g paying back cost of damage Common forms o Therapy o Vocational programs o Educational training Restitution Restoration behavior
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