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Lawyers for each side present their client’s best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants.
Main Strategies
Improving conditions in social environments that seemed to be the breeding grounds of crime
Rehabilitating individuals offenders |
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| judge is involved in investigating and examining the evidence as well as questioning witnesses |
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| Criminal courts, only misdemeanors or law suits for small amounts of money. |
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| Criminal courts; all offenses including felonies sometimes even appeals |
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District courts: Usually felonies or substantial lawsuits
circuit courts of appeals: appeals of lower court decisions
U.S. Supreme Court: Highest court, can file appeals however they do not hear your case |
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| Usually felonies or substantial lawsuits |
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| circuit courts of appeals |
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| appeals of lower court decisions |
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| Highest court, can file appeals however they do not hear your case |
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| make authoritative interpretations of the law, without directions or pressure from the executive or other sources |
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| charges are read and you plead guilty or not guilty |
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| Represents the accused and convicted in their interactions with the criminal justice system |
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Provided to the accused who cannot afford to hire their own defense lawyers
only criminal cases, very heavy case loads |
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| Uses plea bargaining to determine the outcomes of cases quickly and efficiently in those courthouses where the sam actors work together in processing cases |
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| Hear appeals of decisions of lower court. No juries, no evidence presented, focus is on perceived errors, last resort is state supreme court. |
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| Methods of judge selections |
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Adjudicator- assuming a neutral stance, discretion within the law
Negotiator- Working with both the defense and prosecution, often in chambers, to settle a case. sometimes a referee, sometime more active role.
Administrator: judges are in charge of their own courtroom and staff |
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| assuming a neutral stance, discretion within the law |
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| Working with both the defense and prosecution, often in chambers, to settle a case. sometimes a referee, sometime more active role |
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| judges are in charge of their own courtroom and staff |
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| Bail, what is it, what are some issues regarding bail and how is it determined? |
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| Bail is a sum of money or property, decided by a judge, that defendants present to the court as a condition of pretrial relaese. Bail is not a constitutional right, however, the 8th amendemtnt forbids excessive bail. Bail is generally set on a few things Prior record, employment status, famil, ties to the community. |
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| ROR, What is it. Who is more likley to get it? |
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| Relase on recognizance, the defendants promise to appear in court is enough |
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| Avoids the process of arrainment and bail altogether, usual for minor violations. |
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| How frequent is plea bargaining |
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| Defendants can have their cases handled more quickly, less uncertainty, likely that they will receive less then the maximum |
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| Trail where the judge acts as a fact finder and determines uses of law |
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| A panel of citizens selected by law and sworn to determine matters of fact in a criminal case and to deliver a verdict of guilty or not guilty |
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Prevent government oppression by safeguarding citizens against arbitrary law enforcement
Determine whether the accused is guilty on the basis of evidence presented
Represent diverse community interests so that no one set of values or biases dominates decision making
Serve as a buffer between the accused and the accuser
Promote knowledge about the criminal justice system by learning about it through the jury duty process
Symbolize the rule of law and the community foundation that supports the criminal justice system |
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| Questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict |
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| Removal of a potential juror by showing that h/she has some bias or some other legal disability, attorney’s may use as many of these challenges as they wish |
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| removal of a potential juror without giving any reason, only a limited number of these challenges may be used |
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| Inmates held in isolation during the night allowed to work and eat with other prisoners during the day under a rule of silence |
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Prisoners would not be treated vengefully but should be convinced that through hard and selective forms of suffering they could change their lives
Solitary confinement would prevent further corruption inside prison
In isolation, offenders would reflect on their transgressions and repent
Solitary confinement would be punishment because humans are by nature social animals
Solitary confinement would be economical because prisoners would not need a long time to repent |
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| A point system in which prisoner can reduce their term of imprisonment and gain release by earing “marks” or points through labor, good behavior, and educational achievement |
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The separation of female prisoners from men
The provision of care in keeping with the needs of women
The management's of women’s prisons by female staff |
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Rehabilitation Model- The progressives believed government should do something about the problems of slums, vice and crim. Interestingly enough, they called for the input of knowledge from socail and behavioral sciences
Main Strategies
Improving conditions in social environments that seemed to be the breeding grounds of crime
Rehabilitating individuals offenders
Community Model- Largely influenced by political values of the 1960’s and 70’s. influenced of the president’s commission on law enforcements and Administration(1967) led to the community corrections model. A model based on the goal of reintegrating the offender into the community.
Crime Control Model- Largely reflected the political climate of the late 1970’s and 1980’s. A model based on the assumption of criminal behavior can be controlled by more use of incarceration and other forms of strict supervisors. |
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| The progressives believed government should do something about the problems of slums, vice and crim. Interestingly enough, they called for the input of knowledge from socail and behavioral sciences |
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| Largely influenced by political values of the 1960’s and 70’s. influenced of the president’s commission on law enforcements and Administration(1967) led to the community corrections model. A model based on the goal of reintegrating the offender into the community. |
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| Largely reflected the political climate of the late 1970’s and 1980’s. A model based on the assumption of criminal behavior can be controlled by more use of incarceration and other forms of strict supervisors. |
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| Levels of Prison Securities |
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| Federal Bureau of Prisons: Prisons and inmates are classified by security level from 1 to 5. Community services are provided to inmates through services contracted with states, cities, and private agencies |
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| Federal Probation and Pretrial Services System |
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| Responsible for probation and parole supervision for federal offenders |
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| Probation intermediate sanctions, parole |
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| Supermax, Maximum security, Medium security, minimum security, State institutions for women |
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| Main idea: to build and run prisons at leas as effectively, safely, and humanely as any level of government, at a profit and at a lower cost to taxpayers . Mostly in south and west |
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Jail- institution authorized to hold pretrial detainees and sentenced to misdemeanants for periods longer then 48 hours
Prison- institution for the incarceration of people convicted of serious crimes, usually felonies |
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