Understanding the Criminal
Justice System
CJUS 101
Chapter 8-A: Judges, Prosecutors,
and Others at the Bar of Justice
1. The house that justice built
- criminal / civil courts
a. Judges
- gatekeepers to jails / prisons
- enormous power
(1) Role of judges
- arbiters
- administrators
- trier of law
- trier of fact
(a) Arbitrate
- rule on issues between attorneys
- insure law is followed
(b) Administrator
- oversee functions of the court
- supervise personal staff
(c) Trier of law
- insure legal procedures followed
(d) Trier of fact
- determine guilt / innocence
(2) Judicial service
- elected or appointed
(a) Washington state
- elected
- non-partisan
(b) Unexpired terms
- county party in power
- submits 3 names
- appointed by governor
- practicing attorney
(c) Federal judges
- nominated by president
- confirmed by senate
- appointed for life (good behavior)
b. Prosecutors
- government lawyers
- city / county / state / federal
- chief law enforcement authority
(1) Functions
- enforcing the laws
- represent government = matters of law
(2) Prosecutorial discretion
- to prosecute or not
- what charges to file
- plea bargain
(a) Prosecution involvement
- all levels
(b) Case investigation to final release
- present at parole hearing
c. Defense attorney / public defender
- advocates for accused
(1) Public defender
- government lawyer
- paid by government
- unable to afford private counsel
(2) Private attorneys
- hired by client
- court appointed
- paid by government
d. Other participants
(1) Bailiff
- deputy sheriff / marshal / employee
- provides security
(2) Court clerk
- maintains files / court calendar
- insures coordination / presentation
(3) Court reporter
- takes down all said
- machine / recorder
- prepares manuscripts
(4) Witnesses
- provide testimony / evidence
- prosecution / defense
- expert / lay witnesses
(5) Jury
- “motor voter” registration
- 6 to 12 members
- 2 or more alternates
(6) Defendant
- individual charged
- represented by defense counsel
2. Right to counsel
- 6th Amendment
a. All have this right
- imprisonment is a penalty
- court will appoint
- no means to pay
- partial payment
b. Restrictions on 6th Amendment
(1) Pre-indictment lineup
- no right of counsel to interfere
- can observe
(2) Booking process
- counsel cannot be present
- cannot interfere
(3) Grand jury investigations
- counsel not allowed
(4) Appeal beyond first review
- counsel not guaranteed
- no constitutional right
c. Legal services for indigents
(1) Public defender
- government employee
(2) ACLU (American Civil Liberty Union)
- free representation
- major cases of concern
(3) Pro Bono
- volunteer legal services
- paid through donations
- volunteer some time
(4) Court contract
- private attorneys paid by government
- represent offenders
d. Plea bargain
(1) Prosecutor
- determines concessions to offer
- negotiates with defense counsel
(2) Defense attorney
- negotiates plea with prosecutor
- informs client of plea status
(3) Accused (client)
- accepts / refuses plea bargain
- decides to go to court or not
(4) Judge
- approve / deny plea
- prohibited at federal level
(a) Advantages for accused
- reduces pretrial detention
- chance for reduced sentence
- reduced legal costs
(b) Advantages for state
- reduced financial costs
- reduces time consuming trials
- more time = important cases
(c) Disadvantages
- suspect = beat the system
- shorter sentence
- out on street sooner
- victim reaction
- innocent person pleads