Judges at General Level 

~As arbiters—responsible for safeguarding the rights of the accused, as well as the interests of the public, in the administration of justice.

~As administrators—appoint and evaluate court personnel, plus control cases flow, record keeping, and budget requests.

Judges at Appellate Level

~Determine whether the proper procedures were followed in the presentation of the appeal.

~Examine the written brief, the trial record, or other materials that may have been filed.

~Preside over any oral arguments.

~Weigh the facts of the case and the nature of the appeal in order to arrive at a decision.

~Negotiate a decision through vote, persuasion, or compromise in cases in which more than one judge hears the appeal.

~Prepare a written opinion that details the logic and reasons for the decision.

~Enforcing the law

~Representing the laws of the government

~Representing the government and the people in matters of legislation and criminal justice reform

Investigate:

~ Prepare arrest and search warrants

~Assure Police Reports are accurate and complete

~Initiate further investigations

Arrest:

~Screen cases to determine which to Prosecute and which to Drop

nitial Appearance:

~Notify defendants of charges against them

 ~As government's attoryneys, they participate in bail decisions; also, they can discontinue a prosecution through a formal statement of unwillingness to proceed with a case.  This is known as NOLLE PROSEQUI or NOLL. PROS. or NOLLE.

Preliminary Hearing:

~Two functions of the prosecutor: To either establish probable cause and proceed to trial; or, Dismiss charges through Nolle Prosequi.

Information and Indictment:

~Information is the report prepared by the prosecutor that establishesprobable cause and binds an accused person over for trial.

~Indictment is when the prosecutor establishes probable causein front of the Grand Jury

Arraignment:

~Felony Defendants are to court to answer the matters charged in the Information or Indictment

~Plea Bargain Negotiations may be discussed between the attorneys to the parties and the prosecution may accept a guilty plea to reduced charge(s).

Pretrial motions:

~Participate in arguments of any Pretrial Motions

Trial:

~As government lawyers, they attempt to prove guilt beyond a reasonable doubt.

Representing the accused immediately after arrest to provide advice during interrogation, throughout legal process, and appeals, if necessary

The players in the plea bargaining process: The Prosecutor (determines the concessions to be made), The Defense Counsel (interacts with the prosecutors on behalf of the defendant), The Accused (generally, the accused role is limited to accepting or rejecting the prosecutor's offer), The Judge ( In federal court, cannot participate. In state courts, may participate in some negotiations.)

      Takes place between the prosecutor and the defense counsel or the accused and involves agreement that defendant will plead guilt in exchange for prosecutorial or judicial concessions. These are:

~Reduced charges, reduced sentence.

~The number of charges (counts) may be reduced.

~A recommendation for leniency may be made that will reduce the sentence.

~Charges with “social stigma” (child molestation) may be changed to one less socially damaging.

a formal entry in the record by which the prosecutor declares that he or she will no further prosecute the case.

A method of selecting judges in which the governor, the bar association, and the voters all participate in the process.

After the preliminary hearing and before a criminal case goes to trial, the prosecutor and the defense team usually appear before a criminal court judge and make pre-trial motions -- arguments that certain evidence should be kept out of the trial, that certain persons must or cannot testify, or that the case should be dismissed altogether.

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

Right to counsel changed over the years. In 1931, Powell v. Alabama, the federal defendants were never given counsel, it was the first case to shed light onto the Fourteenth Amendment due process. Six years later, with Johnson v. Zervst, the courts decided defendants charged with felony charges had to the right to counsel. In 1942, Betts v. Brady, a state felony charged person could not receive free counsel unless there were special circumstances. Then in 1963, in the case Gideon v. Wainwright, right to counsel was extended to all state defendants facing felony trials. Then lastly in Argersinger v. Hamlin the court extended the right to counsel to anyone charged with an offense serious enough to warrant a jail sentence.

The defendants in the Powell v. Alabama case. They were nine black teenagers accused of rape.

a part time or full time county, state, or federal government employee who earns a fixed salary and specializes in representing the indigent criminal defendants.

Many private organizations provide legal assistance to indigents. During the mid 1960's, federally supported legal assistance programs were started as part of the Johnson administration's "war on poverty." American Civil Liberties Union (ACLU) is the best known practitioner of this type of service.  Various volunteer defender programs does have numerous amount of weaknesses:  uncertainty of their continuing of financial aid support, and they accept few criminal cases( usually deals with family and civil cases).

After the Faretta v.Californiacase, the Supreme Court ruled that a defendant has the right to self-representation. But this rose many questions: When does every defendant be advised of his right to self-representation? Does the defendant have a right to standby counsel, or when does that be excluded?

One of the best known voluntary defender programs. Founded on the basis of preservation and extension of the basic rights set forth in the U.S. Constitution. Focuses on three areas of American civil liberties: 1. inquiry and expression( including freedom of speech, press, assembly, and religion, 2. equality before the law (for everyone, regardless of race, nationality, political opinion, or religious belief, 3. due process of law for all

made Prosecutorial Discretion. It upheld that prosecutors are allowed to prosecute how they want to prosecute. The judge on this case did not agree with the prosecutors attack so it was sent to the appellate court and that court ruled in the prosecutors favor.

was a United States Supreme Court decision which determined that in a capital trial, the defendant must be given access to counsel upon his or her own request as part of due process. in March 1931. Nine black men — Charlie Weems, Ozie Powell, Clarence Norris, Olen Montgomery, Willie Roberson, Haywood Patterson, Andrew (Andy) Wright, Leroy (Roy) Wright and Eugene Williams, later known as the Scottsboro Boys, were accused of raping two young white women, Ruby Bates and Victoria Price. The group was traveling in a freight train with seven white males and two white females. A fight broke out and all of the white males, except for one, were thrown from the train. The women accused the black men of rape, although one woman later retracted her claim. All of the defendants, except for Roy Wright, were sentenced to death in a series of one-day trials. The defendants were only given access to their lawyers immediately prior to the trial, leaving little or no time to plan the defense. The ruling was appealed on the grounds that the group was not provided adequate legal counsel. The Alabama Supreme Court ruled 6-1 that the trial was fair

was a United States Supreme Court case in which the Court refused to hold that large sentencing discounts and threats of the death penalty are sufficient evidence of coercion. Brady plead guilty to kidnapping after his co-defendant decided to confess and testify against him. The voluntariness of the Petitioner’s plea was at issue.The holding was The threat of the death penalty is not coercive if the guilty plea is made intelligently and willingly.

Six years after Powell, the High Court's decision in Johnson v. Zerbst held that all poor federal defendants facing felony charges were entitled to the assistance of an attorney provided by the government. Johnson was convicted and did not receive aid of a defense attorney so he challenged his conviction and won a reversal from the Supreme Court.

From this case, the Supreme Court ruled that in noncapital crimes, appointment of counsel is not a fundamental right for the state felony defendants, unless special or exceptional circumstances such as mental illness, youth, or lack of education are present.

The defendant was convicted to 90 days in jail for carrying a concealed weapon. In petition, he argued because he was poor and couldn't afford counsel the charge against him could not effectively be defended. So, the Court ruled that the right to counsel applies not only to state defendants charged with felonies but in all trials of persons for offenses serious enough to warrant a jail sentence.