CJ 600

1. CJ 600 Issues in the Court System

2. Historical Overview • Use of British common law • Colonial courts unclear as to which acts of Parliament or case law applied • Every colony different • Colonial courts had wide powers, very undifferentiated, with legislative, executive and judicial functions • Mistrusted, associated with Br. Gov.

3. History • Movement to codified law • Requirements fo practice law varied • Following the Revolutionary War, established of more courts, appellate courts • Constitution established Supreme Court, authorized other courts • Vague

4. History • Lower courts a hodge podge, differ from state to state • Organization was frequently tied to politics • Judges elected or appointed • Dual nature of US Government • Supreme court established by constitution, and the federal courts by the Judiciary Act of 1789

5. History • Supreme Court had little power until Marbury v. Madison, when the court struck down a section of the Judiciary Act as unconstitutional –judicial review • Around 1820s, courts began a trend of setting legal doctrine • Until WW II, conservatives and business depended on judicial branch, distrusted legislature

6. History • Courts seldom dealt with constitutional rights of individuals, tended to rule against individuals and labor • Section 1983 and post civil war amendments passed after the war, but had little effect • Plessy v. Ferguson (1896)--segregation

7. History • Early 20th century began an expansion of due process for criminal defendants • Powell vs. Alabama, 1932 (Scottsboro case) • Incorporation controversy • Depression era: federal legislation kept getting struck down by the Supreme Court • Roosevelt threatened court packing

8. History • Court backed down • 1950s, Warren court, civil rights revolution • Brown v. Board of Education • Series of decisions: Mapp v. Ohio, Miranda v. Arizona, Gideon v. Wainwright • Burger court: Furman v. GA and Gregg v. GA, prisoners rights cases • Some “erosion” since then

9. History • Other decisions, such as religion cases, Roe v. Wade • Controversy: original intent, strict interpretation, social interpretation • Courts have become increasingly powerful • Number of cases and lawsuits • Number of cases filed against the criminal justice system, esp. police and corrections

10. Court issues • 1. Court models: constellation, federation, union • 2. Selection of judges: appointed vs. election • 3. Bail: purpose to assure presence at trial • Problems: favors rich, unnecessary detention in some instances, get longer sentences, the bail bondsman

11. Issues • Deposit bail: eliminating the bail bondsman • Manhattan Bail Project • 4. Preventative detention • 5. Courtroom work group: prosecutors, defense counsel, judges, also police and probation officers

12. Issues • Courtroom work group a community of people who work together and have a mutual interest in getting the job done as efficiently as possible • “Going rate” the group develops over time a consensus about what a crime and prior criminal history is “worth” • Often not adversarial, consensus reached

13. Issues • Observational studies find that researchers are able to predict outcomes after studying such groups • Why sentence disparity? Each courtroom work group develops its own going rate, based on the individuals involved, community standards, etc.

14. Issues • 6. Prosecutor • Prosecutor’s dilemma • Quasi-judicial immunity • Prosecutorial discretion—power to pursue or dismiss cases • Of every 100 cases, 35 sent to JJS, 65 to district attorney

15. Prosecutor • Of those 65, 20 rejected or diverted, 45 accepted for prosecution • Of those 45, 10 dismissed or failed to appear, 35 plead guilty (30)or go to trial (5) • 2 acquitted in trial, 33 convicted (3 in trial) • There is considerable variation across jurisdictions

16. Prosecutor • Factors that affect discretion • Nature of the evidence • Attitude of the victim • Relationship of victim to the offender • (chances of conviction 20-30% lower if they know one another) • Harm to the victim • Costs

17. Prosecutor • Available alternatives • Use of civil sanctions • Willingness of suspect to cooperate • Strength of the evidence and seriousness of the offense appear to be the greatest factors

18. Defense counsel • Gideon v. Wainwright and Argersinger v. Hamlin • Private, contract, assigned, public defender • Defense counsel’s dilemma—the guilty client • Loyalties divided, not only to client, must also get along with courtroom work group

19. Plea bargaining • Advantages: costs decrease, more efficient • Less time spent on minor and clear-cut cases • Decrease pretrial detention time • Victims and witnesses spared a trial

20. Plea bargaining • Disadvantages • Innocent may plead guilty • Loss of rights • Might contribute to sentence disparity • Attempts to curtail plea bargaining have not usually been successful • Preplea conference

21. Trial issues • Review: constitutional rights • Speedy, public, jury, summon witnesses, cross-examination, counsel • Issues • Scientific jury selection • Does it give certain clients an advantage by virtue of some extralegal factor?

22. Issues • Unanimous vs. non-unanimous decisions • 9 out of 12 the lowest • Advantages: more efficient, less hung juries, less possibility of a bribe • However, an important minority (the thoughtful juror) could be ignored

23. Court issues • 12 person jury vs. lesser numbers (6) • Advantages: easier to obtain a jury, cheaper, more convictions • Disadvantages: less representative of the community, less discussion of the case

24. Court issues • Videotaping • Trials, testimony • Trials—many judges opposed, argue that it is distracting and detracts from the dignity of the proceeding • On the other hand, provides a record, can be used as an educational tool

25. Court Issues • Videotaping of testimony • Police could be on the streets, spares victims, confessions and lineups could be used • Inadmissible sstatements could be eliminated • Child victims could be spared the stress • However, violates right to confrontation

26. Other issues • Continuances • Victim-witness bureaus

27. Sentencing • Purposes: individual deterrence (punishment), general deterrence, retribution, incapacitation, rehabilitation • Punishment: must be consistent, immediate, introduced at its maximum intensity, too severe is not effective, extended periods not effective, rewards for punished responses must be reduced

28. Punishment • Alternative response with same or greater reward • Access to different situations to obtain those rewards

29. Types of sentences • Indeterminate, determinate (flat), indefinite (range, good time, parole) • Disenchantment with indeterminate sentences and rehabilitation, sentencing disparity • Consequences • Longer sentences

30. Sentencing • Sentence reform • Sentencing guidelines (presumptive sentencing) • Remove judicial discretion • Federal: Sentencing Reform Act of 1984 • Sentencing guidelines, abolition of parole • Mandatory minimums for certain types of crime

31. Sentencing reforms • Controversial law, disliked by federal judges, perceived as to inflexible • Partially account for the dramatic increase in the federal prison population • Have most affected the minority prison population

32. State reform • Several states have implemented sentencing guidelines with less controversy • Minnesota the most notable example • Reduction of disparity without additional discrimination, and • Guidelines are tied to predictions of prison populations, can be modified

33. Other reforms • Megan’s laws • Selective incapacitation • Mandatory minimums (mostly for drug and weapons offenses) • Truth-in-sentencing laws (reduction of good-time, elimination of parole discretion, or use of presumptive parole) • Three strikes and you’re out

34. Other alternatives • Fines, probation, shock probation, intermediate sanctions (boot camps, electronic monitoring, intensive probation supervision, community-based corrections)