Understanding the Understanding the Criminal Justice Criminal Justice

SystemSystem

CJUS 101CJUS 101

Chapter 8-A: Judges, Chapter 8-A: Judges, Prosecutors, and Others at Prosecutors, and Others at

the Bar of Justicethe Bar of Justice

1.1. The house that justice builtThe house that justice built- criminal / civil courts- criminal / civil courts

a. a. JudgesJudges- gatekeepers to jails / prisons- gatekeepers to jails / prisons- enormous power- enormous power

(1) (1) Role of judgesRole of judges- arbiters- arbiters- administrators- administrators- trier of law- trier of law- trier of fact- trier of fact

(a) Arbitrate (a) Arbitrate - rule on issues between - rule on issues between

attorneysattorneys- insure law is followed- insure law is followed

(b) Administrator(b) Administrator- oversee functions of the court- oversee functions of the court- supervise personal staff- supervise personal staff

(c) Trier of law(c) Trier of law- insure legal procedures - insure legal procedures

followedfollowed

(d) Trier of fact(d) Trier of fact- determine guilt / innocence - determine guilt / innocence

(2) (2) Judicial serviceJudicial service- elected or appointed- elected or appointed

(a) Washington state(a) Washington state- elected- elected- non-partisan- non-partisan

(b) Unexpired terms(b) Unexpired terms- county party in power- county party in power- submits 3 names- submits 3 names- appointed by governor- appointed by governor- practicing attorney- practicing attorney

(c) Federal judges(c) Federal judges- nominated by president- nominated by president- confirmed by senate- confirmed by senate- appointed for life (good - appointed for life (good

behavior)behavior)

b. b. ProsecutorsProsecutors- government lawyers- government lawyers- city / county / state / federal- city / county / state / federal- chief law enforcement authority- chief law enforcement authority

(1) (1) FunctionsFunctions- enforcing the laws- enforcing the laws

- represent government = matters - represent government = matters of lawof law

(2) (2) Prosecutorial discretionProsecutorial discretion- to prosecute or not- to prosecute or not- what charges to file- what charges to file- plea bargain- plea bargain

(a) Prosecution involvement(a) Prosecution involvement- all levels- all levels

(b) Case investigation to final (b) Case investigation to final releaserelease

- present at parole hearing- present at parole hearing

c. c. Defense attorney / public defenderDefense attorney / public defender- advocates for accused- advocates for accused

(1) (1) Public defenderPublic defender- government lawyer- government lawyer- paid by government- paid by government- unable to afford private - unable to afford private

counselcounsel

(2) (2) Private attorneysPrivate attorneys- hired by client- hired by client- court appointed- court appointed- paid by government- paid by government

d. d. Other participantsOther participants

(1) (1) BailiffBailiff- deputy sheriff / marshal / - deputy sheriff / marshal /

employeeemployee- provides security- provides security

(2) (2) Court clerkCourt clerk- maintains files / court calendar- maintains files / court calendar- insures coordination / - insures coordination /

presentationpresentation

(3) (3) Court reporterCourt reporter- takes down all said- takes down all said

- machine / recorder- machine / recorder- prepares manuscripts- prepares manuscripts

(4) (4) WitnessesWitnesses- provide testimony / evidence- provide testimony / evidence- prosecution / defense- prosecution / defense- expert / lay witnesses- expert / lay witnesses

(5) (5) JuryJury- “motor voter” registration- “motor voter” registration- 6 to 12 members- 6 to 12 members- 2 or more alternates- 2 or more alternates

(6) (6) DefendantDefendant- individual charged- individual charged- represented by defense - represented by defense

counselcounsel

2.2. Right to counselRight to counsel- 6- 6thth Amendment Amendment

a. a. All have this rightAll have this right- imprisonment is a penalty- imprisonment is a penalty- court will appoint- court will appoint- no means to pay- no means to pay- partial payment- partial payment

b. b. Restrictions on 6Restrictions on 6thth Amendment Amendment

(1) (1) Pre-indictment lineupPre-indictment lineup- no right of counsel to interfere- no right of counsel to interfere- can observe- can observe

(2) (2) Booking processBooking process- counsel cannot be present- counsel cannot be present- cannot interfere- cannot interfere

(3) (3) Grand jury investigationsGrand jury investigations- counsel not allowed- counsel not allowed

(4) Appeal beyond first review(4) Appeal beyond first review- counsel not guaranteed- counsel not guaranteed- no constitutional right- no constitutional right

c. c. Legal services for indigentsLegal services for indigents

(1) (1) Public defenderPublic defender- government employee- government employee

(2) (2) ACLUACLU (American Civil Liberty (American Civil Liberty Union)Union)

- free representation- free representation- major cases of concern- major cases of concern

(3) (3) Pro BonoPro Bono- volunteer legal services- volunteer legal services- paid through donations- paid through donations- volunteer some time- volunteer some time

(4) (4) Court contractCourt contract- private attorneys paid by - private attorneys paid by

governmentgovernment- represent offenders- represent offenders

d. d. Plea bargainPlea bargain

(1) (1) ProsecutorProsecutor

- determines concessions to offer- determines concessions to offer- negotiates with defense counsel- negotiates with defense counsel

(2) (2) Defense attorneyDefense attorney- negotiates plea with prosecutor- negotiates plea with prosecutor- informs client of plea status- informs client of plea status

(3) (3) AccusedAccused (client) (client)- accepts / refuses plea bargain- accepts / refuses plea bargain- decides to go to court or not- decides to go to court or not

(4) (4) JudgeJudge

- approve / deny plea- approve / deny plea- prohibited at federal level- prohibited at federal level

(a) Advantages for accused(a) Advantages for accused- reduces pretrial detention- reduces pretrial detention- chance for reduced sentence- chance for reduced sentence- reduced legal costs- reduced legal costs

(b) Advantages for state(b) Advantages for state- reduced financial costs- reduced financial costs- reduces time consuming - reduces time consuming

trialstrials- more time = important cases- more time = important cases

(c) Disadvantages(c) Disadvantages

- suspect = beat the system- suspect = beat the system

- shorter sentence- shorter sentence

- out on street sooner- out on street sooner

- victim reaction- victim reaction

- innocent person pleads- innocent person pleads