Unit 4 Notes

Judges act in three major roles:Judges act in three major roles:1.1. Adjudicator – must assume a neutral Adjudicator – must assume a neutral

stance between the prosecution and the stance between the prosecution and the defense.defense.

Must apply the law fairly to uphold the Must apply the law fairly to uphold the rights of the accused.rights of the accused.

Adjudicator

Negotiator

Administrator

2.2. Negotiator – act as a referee between Negotiator – act as a referee between prosecutors and defense attorneys when prosecutors and defense attorneys when plea bargaining, sentencing, setting plea bargaining, sentencing, setting bail, and proceeding through the trial. bail, and proceeding through the trial.

3.3. Administrator - direct those who keep Administrator - direct those who keep records, schedule cases, and are records, schedule cases, and are generally in charge of the courtroom generally in charge of the courtroom and staff.and staff.

Act as lawyers for the state and present evidence Act as lawyers for the state and present evidence on behalf of the people.on behalf of the people.

Primary duty is not to convict the Primary duty is not to convict the accused, but to see that justice is done. accused, but to see that justice is done.

Suppression of facts or witnesses Suppression of facts or witnesses capable of establishing the innocence capable of establishing the innocence of the accused is illegal. of the accused is illegal.

They may use their discretion to decide when to They may use their discretion to decide when to charge a suspect, what the charges should be, charge a suspect, what the charges should be, and recommend sentencing.and recommend sentencing.

Advise the defendant and protects Advise the defendant and protects his/her constitutional rights his/her constitutional rights throughout the justice process. throughout the justice process.

Duty is to make sure the prosecution Duty is to make sure the prosecution provesproves its case in court.its case in court.

May advise their client to plea May advise their client to plea bargain if they believe the bargain if they believe the prosecution has enough evidence prosecution has enough evidence to prove guilt. to prove guilt.

Indigent defendants are those who are too poor to Indigent defendants are those who are too poor to afford their own attorney.afford their own attorney.

Often these attorneys are inexperienced, overworked, Often these attorneys are inexperienced, overworked, and underpaid.and underpaid.

In some states, non-profit organizations pay In some states, non-profit organizations pay for indigent counsel instead of the state for indigent counsel instead of the state or local governments.or local governments.

The majority of accused criminals are The majority of accused criminals are represented by public defense, not private. represented by public defense, not private.

Bail is a sum of money or property, that the Bail is a sum of money or property, that the defendant must present to the court in order defendant must present to the court in order to gain pretrial release.to gain pretrial release.

The bail will be forfeited if The bail will be forfeited if the defendant does not appear the defendant does not appear in court as in court as scheduled.scheduled.

Some states allow defendants Some states allow defendants to pay 10% of their bail in cash to pay 10% of their bail in cash to be released. to be released.

Release on bail is not guaranteed.Release on bail is not guaranteed.

Judges weigh several factors when Judges weigh several factors when determining bail:determining bail:

Seriousness of the crimeSeriousness of the crime Accused’s incomeAccused’s income Prior criminal recordPrior criminal record Flight risk – Risk to the communityFlight risk – Risk to the community

Bail Bondsmen – private businesspeople who Bail Bondsmen – private businesspeople who loan money to defendants who can’t afford loan money to defendants who can’t afford bail.bail.

Licensed by the state.Licensed by the state.

Charge a fee of usually Charge a fee of usually 5-10% of the bail amount. 5-10% of the bail amount.

If the defendant skips If the defendant skips town, the bondsman’s town, the bondsman’s money is forfeited. money is forfeited.

Hired by Bail Bondsmen to locate bail Hired by Bail Bondsmen to locate bail jumpers and return them to court. jumpers and return them to court.

Their authority varies by state.Their authority varies by state.

Most states do not allow them Most states do not allow them to carry firearms. to carry firearms.

Do not need a warrant to Do not need a warrant to re-arrest suspects. re-arrest suspects.

Often, the accused may opt to enter a guilty plea Often, the accused may opt to enter a guilty plea and or testimony in exchange for a lesser sentence and or testimony in exchange for a lesser sentence or immunity.or immunity.

Saves attorneys the time it takes to prepare for a Saves attorneys the time it takes to prepare for a case.case.

Saves the public the money to prosecute criminals.Saves the public the money to prosecute criminals.

Plea Bargaining is beneficial because:Plea Bargaining is beneficial because:

1. 1. if every case went to trial, we would need many if every case went to trial, we would need many

times more judges and courts.times more judges and courts.

2.2. it speeds up the justice system it speeds up the justice system

and rehabilitation of the convicted.and rehabilitation of the convicted.

3.3. it reduces the time pretrial it reduces the time pretrial

detainees spend in jail.detainees spend in jail.

Only about 9% of felony cases go to trial.Only about 9% of felony cases go to trial.

Of these, only 4% are Of these, only 4% are jury trials. jury trials.

The rest are Bench Trials The rest are Bench Trials presided over by a judge presided over by a judge without a jury. without a jury.

Defendants may chose a bench trial if they feel Defendants may chose a bench trial if they feel a judge will be more capable of being objective a judge will be more capable of being objective than a jury.than a jury.

Celebrity CasesCelebrity CasesCelebrity CasesCelebrity Cases

High Profile Felony CasesHigh Profile Felony CasesHigh Profile Felony CasesHigh Profile Felony Cases

Ordinary Felony CasesOrdinary Felony CasesOrdinary Felony CasesOrdinary Felony Cases

MisdemeanorsMisdemeanorsMisdemeanorsMisdemeanors

11

22

33

44

The WeddingThe WeddingCake ModelCake Model

The jury is meant to represent the The jury is meant to represent the community’s values and biases.community’s values and biases.

Jury’s main duty is to determine Jury’s main duty is to determine whether the accused is guilty on whether the accused is guilty on the basis of only the the basis of only the evidence presented.evidence presented.

Usually a jury is made up of 12 Usually a jury is made up of 12 citizens. (7 in VA for misdemeanors) citizens. (7 in VA for misdemeanors)

Most states require a unanimous verdict for Most states require a unanimous verdict for guilt.guilt.

1.1. Jury SelectionJury Selection

Attorneys attempt to select jurors who will Attorneys attempt to select jurors who will be sympathetic to their side.be sympathetic to their side.

Select from names in the jury pool. Select from names in the jury pool. (registered voters, drivers licenses)(registered voters, drivers licenses)

Challenged for CauseChallenged for Cause: removal of a : removal of a prospective juror due to some bias or prospective juror due to some bias or inability to make fair decisions. (unlimited)inability to make fair decisions. (unlimited)

Peremptory ChallengesPeremptory Challenges: excludes : excludes prospective jurors without specific reasons. prospective jurors without specific reasons. (usually 8-10 allowed)(usually 8-10 allowed)

2.2. Opening StatementsOpening Statements The prosecutor and defense attorney The prosecutor and defense attorney

may summarize their position. may summarize their position.

Do not act as evidence or proof.Do not act as evidence or proof.

3.3. Presentation of Prosecution’s EvidencePresentation of Prosecution’s Evidence Prosecutors must prove beyond a reasonable doubt, that the Prosecutors must prove beyond a reasonable doubt, that the

defendant is guilty.defendant is guilty.

Evidence may be physical objects, Evidence may be physical objects, or testimony. or testimony.

After a witness has given testimony, After a witness has given testimony, he/she can be cross-examined by he/she can be cross-examined by counsel for the other side. counsel for the other side.

Opposing attorney’s may object if they feel the presentation Opposing attorney’s may object if they feel the presentation has violated the rules. (hearsay, leading, opinion…)has violated the rules. (hearsay, leading, opinion…)

4.4. Presentation of the Defense’s EvidencePresentation of the Defense’s Evidence The defense is not required to prove innocence.The defense is not required to prove innocence.

Try to contradict the state’s case.Try to contradict the state’s case.

Offer an alibi if one is available.Offer an alibi if one is available.

May offer an affirmative defense. (insanity, infancy, May offer an affirmative defense. (insanity, infancy, duress…)duress…)

Defendants may waive their right to take the stand by Defendants may waive their right to take the stand by exercising their 5exercising their 5thth Amendment rights. Amendment rights.

5.5. Closing ArgumentsClosing Arguments Attorneys review the Attorneys review the

evidence of the case evidence of the case for the jury. for the jury.

6.6. Judge’s Instructions to the JuryJudge’s Instructions to the Jury Discuss basic legal principles Discuss basic legal principles

such as proof beyond a such as proof beyond a reasonable doubt. reasonable doubt.

Sometimes takes hours.Sometimes takes hours.

7.7. Jury DeliberationJury Deliberation They first elect a foreperson to run the meetings.They first elect a foreperson to run the meetings.

Discuss the facts that they have been presented.Discuss the facts that they have been presented.

If the jury cannot reach a verdict, If the jury cannot reach a verdict, the trial ends with a hung jury and the trial ends with a hung jury and the prosecutor must decide if they the prosecutor must decide if they will try the case over again will try the case over again from the beginning with a new from the beginning with a new jury.jury.

An appeal is based on a claim that one or more An appeal is based on a claim that one or more errors of law or procedure were made during the errors of law or procedure were made during the investigation, arrest, or trial process.investigation, arrest, or trial process.

State trials are appealed through State trials are appealed through that state’s courts. that state’s courts.

The U.S. Supreme Court gets The U.S. Supreme Court gets involved when there is a involved when there is a question question of Constitutional law.of Constitutional law.

Less than 10% of all appeals result in acquittals.Less than 10% of all appeals result in acquittals.