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Explore the dual court system of the United States, roles of key actors like defense attorneys, judges, and prosecutors, and the criminal justice process from crime discovery to sentencing.
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Dual Court System of the United States U.S Supreme Court State Supreme Court District Courts of Appeal U.S. Courts of Appeal Superior Courts Federal Court System State Court System U.S. District Courts
Key Actors in the Court Process Defense Attorney Judge Prosecutor
Powers of the Prosecutor • Conduct final screening of case • Decide to charge person with crime
Powers of the Prosecutor • Decide whether to prosecute or not • if decide to prosecute, they determine what the charge will be
Powers of the Prosecutor • No prosecution decision is nolle prosequi, or nol. pros.
Nolle Prosequi • Offense did not cause sufficient harm • Statutory punishment for a crime is too harsh for a particular offender
Nolle Prosequi • Criminal charge made for the wrong reasons • Law is regularly violated with impunity
Nolle Prosequi • Victim may refuse to testify • Humanitarian considerations for victim or offender
Nolle Prosequi Accused person cooperates in the apprehension and/or conviction of other criminals
Nolle Prosequi Accused is wanted for prosecution of a more serious crime in another jurisdiction
Nolle Prosequi May be more cost effective to simply have the parole revoked and return offender to prison
Defense Attorneys Accused has the right to “the assistance of counsel for his defense”
Defendant’s defense options • Privately retained counsel • Court-appointed attorney
Defendant’s defense options • Public Defender • Court Contract lawyer (Alternate Public Defender)
Three Types of Defendant Pleas • Guilty • Not Guilty • Nolo Contendere - no contest
Responsibilities • Determining Probable Cause • Sign Warrants
Responsibilities • Informing suspects of their rights
Responsibilities • Setting and revoking bail • Arraigning defendants
Responsibilities • Accepting guilty pleas • Managing courtroom and staff
Responsibilities • Ensuring a jury has a chance to reach a verdict on evidence presented
Responsibilities • Instructing jury on the law (Jury Instructions) • Imposing sentences
Crime is Discovered Eagle Mountain
Pretrial Release Options • Cite and Release“Promise to Appear” • Bail Bond
Pretrial Release Options • Full cash bonds • Deposit bonds
What is Bail? Usually a monetary guarantee deposited with the court...
What is Bail? to ensure that the suspect(s) will appear at a later stage in the criminal justice process
Judges Bail Considerations • Likelihood of defendant appearing for court • Seriousness of the crime
Judges Bail Considerations • Current capacity of jail • Defendant would be a threat to the community
Initial Appearance • Give formal notice of charges to defendant • Be advised of Constitutional rights
Initial Appearance • Hold for Preliminary Hearing (felonies) • Set for Pretrial Conference
Preliminary Hearing (felony) “Information”
