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California’s Judiciary

California’s Judiciary. POSC 140 Braunwarth. Organization of the Courts. Two levels: Trial and Appellate courts What do we call trial courts? Superior Courts now includes municipal courts What are the Appellate courts? District Courts of Appeals and The California Supreme Court.

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California’s Judiciary

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  1. California’s Judiciary POSC 140 Braunwarth

  2. Organization of the Courts • Two levels: Trial and Appellate courts • What do we call trial courts? • Superior Courts • now includes municipal courts • What are the Appellate courts? • District Courts of Appeals and • The California Supreme Court

  3. Judging the Judges • States began electing judges in the early 1800s. • Suffered under British judges • Distrusted Political Elite • Most states have some type of election, many of them partisan

  4. Judging the Judges • Appellate justices face voters every 12 years in non-partisan elections • Superior court judges are elected to 6-year terms • Why not in partisan elections? • Democrat and Republican judges tend to differ in views on punishment • Why not “politicize” the elections? • Should we elect judges at all?

  5. County District Attorney • Represents the people of California • Brings charges against suspects • Investigates and Prosecutes all Felonies • Prosecutes all Misdemeanors (except in SD) • Oversees 310 Deputy DAs (Prosecutors) • Assisted by 81 DA Investigators (DAIs) • Most cases are plea-bargained; good idea? • Only reasonable way to prosecute case load

  6. District Attorney • Elected Office • Little Oversight • Supposed to Seek Truth and Justice, but • Huge pressure for convictions, especially for high-profile cases (i.e. cop killers) • Potential Problem? • Are occasional abuses; • DDA Burt prosecuting Officer Hartless’ killers • “Mad Dog” Charles Kirk in S.F.

  7. District Attorney • SD has highest prosecution rate in CA 91% • Many Programs for protecting the community • Child Abduction, Elder Abuse, Hate Crimes, Victim Assistance, Consumer Fraud, High Tech Crime, Identity Theft, Gangs, Bad Checks, Online Crime, Stalking

  8. Issues: Crime Control • California is 6th most violent state • Behind Florida, South Carolina, Maryland, Louisiana, and Illinois • Why so high here? • Urbanization: many young males, poverty, residential segregation, gangs • Despite “build more prisons” rhetoric, • Crime largely dependent on these economic and demographic trends

  9. Issues: Crime Control • What has been our response to rising crime rates? • Get tough on crime! • Determinative Sentencing: • 1976: Uniform Sentencing Acts • 1996: Three Strikes Law • Death Penalty • All limit the discretion of judges • Is little talk about crime-control policy other than societal retribution • Is this good or bad?

  10. Issues: Death Penalty • Does the Death Penalty deter crime? • No, what are some other cons? • Expensive (more than life imprisonment) • Is it administered fairly (race, class)? • Are mistakes made? • Jailhouse informants, incompetent counsel, etc. • Illinois freed 17 while killing 12 • Gov. commuted all death sentences

  11. Death Penalty • U.S. is only Western democracy and one of the few developed nations that use the death penalty • What are the arguments for the death penalty? • It’s popular, 78% Californians want it • Our individualistic culture emphasizes retribution and punishment

  12. Issues: Juvenile Crime • More young people are getting involved in more serious crimes • Prop 21: Prosecutor, not judge decides whether to try youth as adults • Is this a good idea? • Can youths be rehabilitated? • Once do hard time, little hope for reconciliation with society

  13. Issues: Incarceration • Expensive: must be secure, constant supervision, medical services, food, rehabilitation, etc. • How can we defer prison expenses? • Privatization of Prisons: good idea? • Mixed reviews, labor costs are high • Put the inmates to work? • Prison-Industrial Complex • What are the pros and cons?

  14. Criminal Justice • The U.S. has the highest incarceration rate in the world • Most inmates are incarcerated for non-violent crimes • Why do we incarcerate? • Alternatives? • Why not make incarceration has hard as possible (no TVs, correspondence courses, exercise equipment, etc.)?

  15. Criminal Justice • If lock up more criminals for longer sentences, people feel safer • In our haste to lock up are we overlooking constitutional protections? • Racial profiling, Illegal searches, etc. • Prison rates doubled in 1990s: Are we more lawless or less tolerant? • These are all issues the judiciary must decide

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