the courts what happens between arrest and corrections
Post on 13-Dec-2015
216 Views
Preview:
TRANSCRIPT
The Courts
What happens between arrest and corrections
The Structure of the Courts State Courts
Layers of Trial Courts (Superior and inferior) Appellate courts Supreme court
Federal Courts Trial courts Federal Appeals courts “District courts” The Supreme Court
U.S. Supreme Court 9 Justices, appointed by president,
in consultation with senate Appointment is for life
High stakes for politics Interpret laws in light of
constitution and past court rulings Choose what cases they wish to hear
—can originate in state or federal court
Who are the “players” in the judicial system?
Prosecutor Defense Attorneys Judges
The Prosecutor Represents the state in criminal
matters Federal = Attorney general and U.S.
attorneys State = District or State attorney
Prosecutorial Discretion (400# Gorilla) Whether or not to charge & specific
charge Decision to drop case May enter and end plea negotiations
The Defense Attorney Private Attorneys (Johnny Cochran) Sixth Amendment right to counsel
Attorney list system Contracting with law firm Public defenders system (large,
urban) Roughly ¾ of state inmates are
represented by publicly funded attorneys
Role of the Defense Represent their client in a
vigorous, adversarial manner Investigate incident, interview
client/witnesses, represent client at all proceedings, negotiate plea with district attorney
Conflict of interest? The Devil’s Advocate
Low pay and conflict of interest = burnout
The Judge During Trial
Rule on questions of procedure (how to question witnesses, rules of evidence)
May determine guilt in a bench trial After trial or plea bargain
Responsible for determining sentence
TYPICAL PROCESS Pre-Trial Decisions Trial/Plea Bargain Sentencing
The Courts System Process
1. Formally charge 2. Pre-trial Detainment Decisions3. Determine guilt or innocence4. Impose a sentence5. Hear appeals
Pre-Trial Decisions Prosecutor must issue a criminal
charge Formal document, lays out facts of
case, circumstances of arrest, penal code
Felony cases = bill of “indictment” or “information”
Misdemeanors = criminal complaint
Pre-Trial Decisions Arraignment
Judge makes sure defendant understands charge
Makes sure defendant has counsel Defendant enters plea
Guilty No Contest Not Guilty
Decision regarding pre-trial detainment
Pre-Trial Detainment Jail
50% pre-trial, 50% sentenced < 1 year
Alternatives to Jail? Bail System
Bail Bondsmen Fairness?
Alternatives to Bail? Pretrial Supervised Release
Essentially probation while out in community before trial (similar “conditions”)
Release on Recognizance (ROR) Promise to come back
Why do people fail to show up for court dates? Role of pretrial services
The Trial Jury Selection Trial Process
Opening statement Prosecutor Defense Closing argument Verdict Sentence
Is the process really “adversarial?” Sam Walker’s “Wedding Cake”
Model Celebrated cases may approach ideal
of an adversarial process Lower “layers” = administrative
rather than adversarial Judge, defense, and prosecutor have
a shared understanding of what a case is “worth”
The Courtroom Workgroup Term coined by Malcolm Feeley
Judges, prosecutors and defense work together daily
Minimize conflict and develop informal procedures for dealing with cases
The “Going Rate” Seriousness of offense Prior record of defendant Relationship between victim and defendant
Plea Bargaining What is bargained?
Charge Sentence
Conservatives = loophole Liberals = perversion of the
system Reality? Given the “going rate,” it
is not so much a “bargain” as standardized administrative process
Benefits of Plea Bargaining State
Prosecutor assured of guilt verdict Save the court time and cash More time for “serious cases”
Defendant Avoid pre-trial detention No uncertainty in sentence May get more lenient sentence
Sentencing Structures Indeterminate
Tied to rehabilitation More open ended, typically tied to parole
release Sentence = 2-5 years
Determinate More Fixed
Sentence = 26 months May still get out early through a variety of
mechanisms (e.g., good time credits)
Specialized Sentencing Schemes within Determinate Sentencing
Mandatory Minimum Sentences 3 strikes legislation Truth in sentencing
Federal initiative 85% for UCR Part I violent offenses
Sentencing Guidelines End result of the debate over
rehabilitation and intermediate sentences (1960s-1970s) Take discretion away from…
Liberals = racist / classist judges Conservatives = liberal weenie judges
Question: Where does the discretion go?
Who creates the sentencing grid?
CRIMINAL HISTORY SCORE SEVERITY LEVEL OF CONVICTION OFFENSE (Common offenses listed in italics)
0
1
2
3
4
5
6 or
more
Murder, 2nd Degree (intentional murder; drive-by- shootings)
XI
306
299-313
326
319-333
346
339-353
366
359-373
386
379-393
406
399-413
426
419-433
Murder, 3rd Degree Murder, 2nd Degree (unintentional murder)
X
150 144-156
165
159-171
180
174-186
195
189-201
210
204-216
225
219-231
240
234-246
Criminal Sexual Conduct, 1st Degree 2 Assault, 1st Degree
IX
86
81-91
98
93-103
110
105-115
122
117-127
134
129-139
146
141-151
158
153-163
Aggravated Robbery 1st Degree Criminal Sexual Conduct, 2nd Degree (c),(d),(e),(f),(h) 2
VIII
48
44-52
58
54-62
68
64-72
78
74-82
88
84-92
98
94-102
108
104-112
Felony DWI VII 36 42 48 54
51-57 60
57-63 66
63-69 72
69-75
Criminal Sexual Conduct, 2nd Degree (a) & (b)
VI
21
27
33
39
37-41
45
43-47
51
49-53
57
55-59
Residential Burglary Simple Robbery
V
18
23
28
33
31-35
38
36-40
43
41-45
48
46-50
Nonresidential Burglary
IV
121
15
18
21
24
23-25
27
26-28
30
29-31
Theft Crimes (Over $2,500) III
121
13
15
17
19 18-20
21
20-22
23
22-24
Theft Crimes ($2,500 or less) Check Forgery ($200-$2,500)
II
121
121
13
15
17
19
21 20-22
Sale of Simulated Controlled Substance
I
121
121
121
13
15
17
19
18-20
Sentencing and Discretion With guideline sentencing, who has
discretion? Who creates the grids?
Many states = legislature Constant pressure to increase sentences
MN: The Minnesota Sentencing Guidelines Commission
1980 guidelines tied to prison population
Prosecutors Decide the charge (where you land on offense
seriousness)
Sentencing Disparity When 2 people who commit similar
crimes, and have the same prior record receive different sentences
What stage do disparities enter? Jurisdictional Differences Plea bargaining (part of “going rate?”) Victim/Offender relationships Sentencing judge (biased, bad day…)
Racial Disparities RACE
Incarceration Rates Black = 3,300/100,000 Hispanic = 1,200/100,000 White = 500/100,000
BUT… Disparities enter prior to judicial
involvement (police) Disproportionate involvement in serious
crime
Racial Disparity in Sentencing II The “Liberation Hypothesis”
More disparity in less serious cases More disparity when black offender and
white victim Rape and Capital Murder
Race as part of “offense seriousness” and “prior record” Crack cocaine laws, aggressive policing of
minority communities
Other Disparities Class = Difficult to detect (most in
system are relatively poor) Difference between white collar and
street Differences in some “celebrated
cases” are obvious Full benefit of highly paid defense
attorneys Gender
Females more likely to be treated leniently
Reducing Sentencing Disparity Sentencing guidelines
May reduce some disparity, but does not eliminate
Disparity may be “built in” to sentencing grid (e.g., crack penalty)
Do we want to eliminate all disparity? More harsh with females? Some disparities may be due to
legitimate factors
top related