Study Guide 2 CCJS100 Topics Based on Lectures Readings Discussion and Research 1 The American Courts Are they centralized Decentralized Decentralized Operated controlled and funded by local communities not a statewide administration Most state and county courts are decentralized 2 What is meant by Challenge for cause by an attorney during jury selection Removal of a prospective juror by showing that he or she has some bias or some other legal disability Number available to attorneys unlimited Peremptory Challenge Removal of a prospective juror without giving any reason Attorneys allowed a limited number of these 3 Bail Amount of money specified by a judge to be paid as a condition of pretrial release to ensure that the accused till appear in court as required Normally determined 24 48 hours after the arrest What is it based on Judge s view of the seriousness of the crime and of the defendant s record Judge might set a high bail if the police or prosecutor wants the accused off the streets Decisions also influenced by prosecutor s recommendations and defense attorney s counterarguments about defendant s standing in society Percentage of defendants released on bail increased b c of pretrial release methods 1 Citations Written order or summons issued by a law enforcement official directing an alleged offender to appear in court to answer a criminal charge 2 Release on Recognizance ROR Release pretrial based on judge s opinion that the accused has enough ties to the community to ensure that they will not 3 Ten Percent Cash Bail Defendants give a percentage of full bail to the court If they fail to appear full amount is required If they do appear they get it skip out on their trial back post trial Purpose Assure the attendance of the defendant when his or her presence is required in court whether before or after conviction Bail is not a means of punishing a defendant nor should there be a suggestion of revenue to the government Know the relationship between bail and the Eighth Amendment Eighth Amendment prohibits excessive bail Also bail is consistent with the American concept that one is innocent until proven guilty and therefore should not be punished by sitting in a jail cell when they have not yet been convicted For federal criminal cases Congress enacted the Bail Reform Act of 1984 authorizing preventative detention Holding a defendant for trial based on judge s finding that if the defendant were released he d be a harm to society or would flee 4 Judges What are the various roles of judges and what are they responsible for especially in a jury trial 1 Adjudicator Must assume a neutral stance in overseeing contest b w prosecutor and defense Must apply the law in ways that uphold rights of the accused in decisions about detention plea trial sentence Receive certain amount of discretion such as with bail decisions but must do so according to the law Avoid any contact that would appear biased 2 Negotiator Most decisions determining fates of the defendant occur in judge s chambers coming about through negotiations b w pros and defense attorney about plea bargains sentencing bail conditions Encourage both parties to work out a guilty plea or agree to proceed in a certain way Acts as a referee keeping both sides on track in accordance to the law Sometimes pressures one side to make or accept an agreement 3 Administrator Managing the courthouse administrative power Rural areas tasks involve managing labor relations budgeting maintenance of the actual courthouse building the state executive bureaucracy Deal with political actors such as county commissioners legislators members of Possible other role problem solver however they do not have the proper psychological training for that Formal Qualifications for becoming a Federal Judge There are none Supreme Court justices federal judges court of appeals judges and district court judges are nominated by the President and confirmed by the United States Senate as stated in the Constitution 5 Prosecutors REFER TO FIGURE 7 3 ON PG 217 CHPT 7 FROM THE TIME THAT THE POLICE TURN OVER THE CASE TO THE PROSECUTOR THEY HAVE ALMOST COMPLETE CONTROL OVER DECISIONS ABOUT CHARGES AND PLEA AGREEMENTS Roles Make discretionary decisions about whether to pursue criminal charges which charges to make and what sentence to recommend Represent the gov in pursuing criminal charges against the accused Chooses cases to be prosecuted selects charges to be brought suggests bail amount approves agreement with the defendant urges judge to impose a particular sentence 1 Trial counsel for the police Reflect the views of law enforcement in the courtroom and take a crime fighter stance in the public 2 House counsel for the police Give legal advice so that arrests will stand up in court 3 Representative of the court Enforce the rules of due process to ensure that the police act according to the law and uphold the rights of the defendants 4 Elected official These prosecutors most responsive to public opinion Concerned with the political impact of their decisions Tactic commonly used by prosecutors for plea bargaining purposes Tack on additional charges against you after your arrest and before you are arraigned A district attorney will try very hard to get felony charges added as this gives them a much stronger position when they try to get you to accept a plea bargain Look for other charges or counts that can be used against the defendant increases supply of prosecutor s bargaining chips For example Prosecutor reduces the already elevated charge in exchange for a guilty plea or drops a charge if the defendant agrees to seek psychological help Term used when a prosecutor drops a case after a complaint has been formally made Nolle prosequi Prosecutors utilize plea bargaining Know the primary justifications for doing so Plea Bargaining agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum done after the arraignment where the prosecutor and defense attorney can discuss based on the charges Implicit plea bargaining involves a shared understanding of an optimal sentence sentence Explicit involves a spoken or formal agreement Federal cases prosecuted by United States attornies Other name for prosecutors in the USA lawyers for the state Key Exchange relationships police victims and witnesses defense attorneys judges the
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