Judicial Administration

1. Judicial Administration Text: America’s Courts and the Criminal Justice System : Neubauer, David W.; 9th edition; Wadsworth.

2. Chapter One:Courts, Crime, and Controversy

3. The Criminal Justice System • Police -> Courts -> Corrections • The Public and the Legislature • Separate but Interdependent • Fragmented and Decentralized • Tension and Conflict over Competing Goals • Cooperation as a Necessity

4. The Overlapping Circles of the Criminal Justice System Fig. 1-1, p. 7

5. DISCUSSION QUESTION:HOW DOES THE LEGISLATURE AFFECT THE CRIMINAL JUSTICE SYSTEM?

6. Dual Court System • Federal Courts:Magistrate -> District -> Circuit Court of Appeals -> Supreme Court of the United States. • State Courts:Trial courts of limited jurisdiction -> Trial courts of general jurisdiction (also, district or circuit courts) ->Intermediate Courts of Appeal -> Appellate Court of Last Resort or Supreme Court

7. Court Structure FEDERAL STATE Supreme Court of the U.S. Appellate court of last resort Circuit Courts of Appeals Intermediate courts of appeals District Courts Trial courts of general jurisdiction Magistrate Courts Trial courts of limited jurisdiction

9. Courtroom Actors • Judges • Prosecutors • Defense Attorneys • Defendants • Victims • Police/Sheriff (federal and state) • Correction Officials • The Public – i.e., jurors and victim advocates • Media • Courtroom staff: Clerk of the Court, court reporter, bailiff, pretrial services

10. Steps of Criminal Procedure • Crime • Arrest • Initial Appearance • Bail • Preliminary Hearing • Charging • Grand Jury • Arraignment • Evidence • Plea Negotiations • Trial • Sentencing • Appeal

11. The Crime Control ModelversusThe Due Process Model** Herbert Packer (1968). These are two separate value systems in the criminal justice system which represent trends along a continuum.Crime Control--------------------- Due Process

12. Crime Control Model Presumption of Guilt Priority is repression of criminal conduct Efficient assembly line system High rate of apprehension and conviction Focus is on the plea of guilt Premium on speed and finality Informal administrative fact finding Due Process Model Presumption of Innocence Priority is protecting the individual’s rights Obstacle Course Based on formal structure of the law Adversarial fact finding process Demand for finality is low Insists on prevention and elimination of mistakes TWO MODEL COMPARISON

13. CRIME CONTROL MODEL Quantity Control Throws out cases which are in doubt at an early stage – proceeds as fast as possible to convict the rest (factual guilt) Punishment Emphasizes Official Power – Police & Legislature Validating authority are the police and prosecutors Conservative approach – law enforcement is hindered and criminals benefit from loopholes. DUE PROCESS MODEL Quality Control – Protect the factually innocent – convict the factually guilty Doctrine of legal guilt Rehabilitation Limits Official Power – Judicial & Constitutional Validating authority is judicial and the courts. Liberal approach – crime is a product of socioeconomic factors. TWO MODEL COMPARISON (cont’d)

14. Competing Values

15. Due Process Model Warren Court (1953-1969) Indeterminate Sentencing Right to Counsel for indigents and juveniles Exclusionary Rule Miranda Rights Crime Control Model Rehnquist Court (1986 – 2006). Determinate Sentencing Sentencing Guideline Three Strike Laws Patriot Act Examples of the Two Models

16. DISCUSSION QUESTION:WOULD THE DEATH PENALTYBE A “CRIME CONTROL”ORA “DUE PROCESS” ISSUE?Why?