First Section Of Cj Test 3

Front 1

Pretrial Process

Back 1

-At each stage, key decisions are made that move some defendants to next stage and FILTER others out.
- ideally force prosecutors and judgest o eview the available evidence and dismiss unnecessary charges against innocent

Front 2

Pretrial Process Overview

Back 2

(crime-arrest-preliminary hearing/ grand jury- arraignment)
and then.. from Arraignment- to motion- to pre trial detention- to bail;ror, - to pretrial realities

Front 3

Pre-trial realitites

Back 3

-bail hearings can occur at almost any point
- plea negotiations can occur at almost any point, depending on the evidence, confidence, etc. of both sides.

Front 4

arraignment

Back 4

- the first formal meeting between the prosecutor and the defendant's attorny
- a formal court apperance in which the charges against the defendant are read, and the defendant, advised by his or her lawyer, enters a plea of either guilty or not guilty

Front 5

motion

Back 5

-an application to a court requesting that an order be issued to bring about a specific action
-defense attorneys use pretrial proceedings to challenge the prosecution's evidence
(ex. the defense may seek an order for the prosecution to share certain evidence)

Front 6

pretrial detention

Back 6

-when crime is serious, crime is violent, person is a flight risk, or cannot afford to make bail
- studies in philly and NYC have raised questions about the need to hold most defendants in jail
-"the psychological and economic hardships faced by pretrial detainees and their families can be major and prolonged"

Front 7

Alternatives to Pretrial Detention

Back 7

Bail, ROR, citations

Front 8

Bail

Back 8

-a judge chooses an amount of money to be paid as a condition of pretrial release to ensure that the accused will appear in court as requires
-no legal right (the 8th am. forbids excessiveness)

Front 9

Bail Problems

Back 9

judicial discretion, lack of time, critics argue that it discriminates against the poor

Front 10

The Bail Reform Act (1984)

Back 10

authorizes preventative detention; upheld in united states v. salerno and cafero

Front 11

Bail Bondsmen

Back 11

private business people who are paid fees by defendants who lack the money to bail. state licensed and choose own clients.

Front 12

Release on Recognizance

Back 12

pretrial release granted on the defendants promise to appear in court. The judge believes that the dfenedants ties to the community guaranteee that he or she will appear
- nyc studies, only 15% failed to appear

Front 13

Citation

Back 13

a written order or summons, issued by cop, directing an alleged offender to appear in court at a specific time to answer a criminal charge

Front 14

Plea Negotiation

Back 14

a plea agreement is a guilty plea given by a defendant (rep by lawyer) to the prosecutor (who reps the state) in exchange for a previously negotiated agreement about penalties and punishment. This agreement must be accepted by a judge in order to be legally binding.

Front 15

Plea Bargaining/ negotiation

Back 15

emphasizes that the plea process is a set of exchange relationships among the prosecture, the defense, defendant, and sometimes the judge.
-each actors have their own goals and find success in the outcome

Front 16

plea bargain vs. plea agreement

Back 16

plea bargain may be misleading, often not a good deal for one or both sides.
-each side gives up and receives something in return for the agreement ( ex defendant may decrease sentence and state increases control of criminal).
-the "exchange" is more likley to be uneven than even, favoring whichever party has the upper hand.

Front 17

examles of uneven exchange

Back 17

- the prosecutor has the greater strength and power, charges can be increased to scare the defendant inot pleading guilty
- a high level operative in an organized crime group may be able to obtain a minimal sentance and punishment, despite heinous crimes, in exchange for sharing damning and damaging information about others

Front 18

why people plead guilty

Back 18

-dominance of the "informal court working group" made up of the prosecutre, defense attorney, and even judge, over the formal adversarial justice model

Front 19

the greaty efficiency pleas give to the CJ stystem

Back 19

value to actors as individuals and value to the system
- the current cj system, and court system in particular, could not work without pleas; it would collapse uner the pressure of every case going to trial

Front 20

criticisms of plea bargaining

Back 20

1.defendants give up some constitutional rights
2.reduces society's interest in appropriate punishments for crimes
3. hidden from judicial scrutiny
4. breeds disrespect and contempt of the law
5. unust to those who assert their right to a trial (i.e, federal sentencing and two-pt deduction for guilty plea
6. innocent people will plead guilty to acts they did not commit
7. public perception of lax justice or "getting off easy" often not true

Front 21

criminal trials

Back 21

-although the vast majority of criminal sentences result from a plea, a jurty trial for a criminal charge is a fundamental right in U.S law
- trials are, by definition and design, adversarial; the us criminal law system uses an adversarial process
-despite the public belief, criminal trials are the exception, not the rule, as a resolution of a criminal case

Front 22

Overview of Trials: exceptions, not the norm

Back 22

juries, jury trial, the trial process, evaluating the jury system

Front 23

Juries perform six vital functions

Back 23

1. prevent government oppression by safeguarding citizens against arbitrary law enforcement
2. determine whether the accused is guilty on the basis of the evidence presented
3. represent diverse community interests so that no one set of values or biases dominates decision making
4. serve as a buffer between the accused and the accuser
5. promote knowledge about the criminal justice system by learning about it through the jury duty process
6. symbolize the rule of law and the community foundation that supports the criminal justice system

Front 24

Jury Pool

Back 24

those called to jury duty and who arrive in court

Front 25

Voir Dire

Back 25

questioning the juries

Front 26

Theoretical Goal of Juries

Back 26

neutral jury; real goal: each side wants a jury sympathetic to their side or arguments

Front 27

Two reasons for rejection

Back 27

Challenge for cause (bias) and peremptory challenge.

Front 28

Peremptroy Challenge

Back 28

the dismisal of jurors without stating cause for doing so

Front 29

Batson V. Kentucky

Back 29

Prosceturs can not use peremptory challenge based on race, (ultimately led to gender, ethnicity,)

Front 30

Miller-El V. Dretke

Back 30

is a decision by the Supreme Court of the United States that clarified the constitutional limitations on the use by prosecutors of peremptory challenges

Front 31

Juries continued

Back 31

-Historic and conemporary problems of REPRESENTATION; who is on, and who is off, juries
- most of the concerns regarding unconstitutional exclusion involve race, but also involving other factors like gender, religion, etc.
-manifests at various stages of jury selection
- for jurisdiciton s that allow findings of guilt with less than unanimous juries, minority opinion can also be excluded

Front 32

challenge for cause

Back 32

removal of a prospective juror by showing that he/she has some bias or some other legal disablilty.

Front 33

Jury Trial

Back 33

trials are based on the idea that the prosecution and defense will compete as adversaries before
- the rules of criminal law, procedure, and evidence govern the conduct of the trial
- the judge sees to it that the rules are followed and that the jury impartially evaluates the evidence and reflects the community's interests
-in a jury trial, the jury alone evaluates the facts in a case

Front 34

Juries: Facts & Controversies

Back 34

variations in juy size and unanimity allowed by different states.
-jury nullification
- convicting the innocent

Front 35

The Trial Process

Back 35

8 steaps
1) selection of the jury
2) opening statements by prosecution and defense
3) presentation of the prosecution's evidence and witnessses
4) presentation of the defense's evidence and witnesses
5) presentation of rebuttal witnesses
6) closing arguments by each side
7) instruction of the jury by the judge
8) decision by the jury

Front 36

Defenses to crimes

Back 36

- a criminal defense is a legal response to a criminal charge
-the prosecutor has the burden of proof to prove the defendant GUILTY BEYOND REASONABLE DOUBT, the standard used by a jury to decide whether or not the prosecution has provided enough evidence for conviction
- the defense can/will try to undermine the prosecutors proof and introduce reasonable doubt regarding one or more elements of the crime

Front 37

Defenses fall into two broad categories

Back 37

1. denial of wrongdoing
2. recognition of wrongful act or consequence but legally acceptable explanation in mitigation.

Front 38

Denial of wrong doing

Back 38

-denial of some or all of the elemtns of a crime
-absolute denial- "i didn't do it"

Front 39

affirmative defense example

Back 39

"i did it but im not legally culpable" i.e. distinction between actus reus and mens rea.

Front 40

Affirmative defenses against crime reasons

Back 40

for those who go to trial, the majority Do Not usse
- the defendant has the burden of proof for an affirmative defense
-absence of mens rea does not guarantee a verdict of not guilty in every case

Front 41

affirmative defense "reasons why"

Back 41

-self- defense
- entrapment
-necessity
-duress (coercion)
-mistake of fact (ignorance)
-diminished capacity

Front 42

ddiminished capacity

Back 42

immaturity, developmental disability; lack of mental capacity

Front 43

mental illness/insanity

Back 43

frequencey and succes of use; public image v. reality
- how widely or narrowly defines is that statue? states have begun to define enw categories. eg. guilty but mentally ill.
-narrow definiiton in texas

Front 44

trial v. appeal

Back 44

a request to a higher court that it review actions taken in a trial court
- an appeal is based on a claim that one or more errors of law or procedure were made during the investigation, arrest, or tiral process
-trials deal with facts and law, appeals only deal with law (legal challenges, allegatoins of legal erros that substantially affected the outcome.

Front 45

prisons matter

Back 45

-increasing relevance of prisons in the US
- prisons reflect and reinforce poverty and marginality
-prison cultures influence the outisde
-prisons may exacerbate crime
-effects and legacies of imprisonment

Front 46

American Imprisonment

Back 46

-huge racial distortion
-woman are fastest growing group to face incarceration
-mostly blacks
-expanison in incarceration simultaneous with the decline in rehabilitation
-major variation

Front 47

Us Prisons. vs the World

Back 47

marginality, poverty, numbers and policies they relfect

Front 48

Prisons refelct and reinforce poverty and marginatliy

Back 48

"most prisoners come from the poor, the minority groups, the uneducated, the unemployed, the mentally il.. Prison is the magnifying mirror which reflects and enlarges the unresolved social problems of the society which it serves."

Front 49

Prison Cultures Influence the Outside

Back 49

1.Soviet union - russia
2. South africa and Robben island
3. Saggy Patns
4. Egypt

Front 50

Soviet union to Russia

Back 50

-oleinik argues that in Soviet prisons, a key position of power were inmate leaders called the "theif in law."
- the theif-in-law's job it was to "maintian order" based on the prisoners illicit norms
-this position migrated into the mainstream soceity, first to provide oversight in the informal market and later in the post-Soviet economy

Front 51

South Africa and Robben Island

Back 51

toyi toyi, negotiation

Front 52

Egypt

Back 52

- Thought line of thinking for 9/11 began in prisons of Egypt.
- Torture
-Nurtured a movement
- sayyed qutb, a leading islamist intellectual, suffers in prison fomred passion play for islam
- Qutb's writings in prison smuggled out to become a core islmaist manifesto for emerging movement
-from prison, qutb had been able to regenerate the secret apparatus

Front 53

Prison may exacerbate crime

Back 53

Children with a parent in prison are much more likely to commit crime themselves
- crime is often cirbulre, victims become victimizers
( abused child= violent adults)
-although victims do not always become perpetrators, it is rare the serious perpetrator was not also a victim

Front 54

Gangs

Back 54

especially important mechanism of increasing crime (ex. aryan warriors in nevada)

Front 55

Prison Issues

Back 55

ECONOMIC COSTS

Front 56

Social and Human costs

Back 56

frequent legal restrictions and almost universla unofficial barriers- effect on jobs, public housing,a nd the right to vote

Front 57

Undermining democracy

Back 57

-racial inequality and hostility
-exclusion from full citizenship

Front 58

What do Prisons Do?

Back 58

-lower levels of crime with lower levels of imprison ment
-most ppl think prisons are necessary for violent, serious, and repeat offenders.
-most poeple dont realize how many non-violent inmates we have