Contact Information
• Kim Miller 908 399 8386
• kmiller45 (IM)
• kmiller2@kaplan.edu
Unit 9 Final Essay
• The US correctional system can serve two specific functions in
relation to criminal offenders. First, it can serve as a tool for
punishing the offender and making the offender pay for his/her
crimes. Second, it can serve as a means to rehabilitating the
offender and preparing him/her for successful reentry into society.
• Write a 3-page paper that answers all 3 of the following
questions:
• How does our correctional system punish offenders?
• How does our correctional system rehabilitate offenders?
• Which method is more effective in reducing crime? Punishment or
rehabilitation? Explain your choice.
Unit 9 Final Essay
• You are required to use at least three (3) references for this paper.
You are required to access the Kaplan Library for at least one of
your references. Another reference can be your text from this
class, and the third reference can come from an acceptable online
academic resource.
• Note: Wikipedia (and any of its related websites) is not an
acceptable academic resource and may not be used for this
paper.
• Be sure to list your sources on your reference page.
• Your paper must follow this format:
– Page 1 – Cover page
– Pages 2, 3 and 4 – Body of text
– Page 5 – Reference page
Seminar Slides
• Solve the crime!
• What do you think?
• Multiple choice/true or false
Solve the Crime - The Black Dahlia
Homicide has always been
the most serious crime.
Today’s murderers still use timeless methods
like knives and arsenic but they have also
adopted modern ways to kill, such as
radioactive substances and liquid
explosives. Forensic science brings its own
technology to crime scenes, but many
infamous murders remain unsolved.
Solve the Crime - The Black Dahlia
• Elizabeth Short was 22 years old when she was brutally
murdered in Los Angeles in the late 1940s. A woman
with a troubled past and no fixed path through life, she
was in L.A. visiting an old boyfriend and bouncing from
one apartment to the next at the time of her death. She
was found in a vacant lot, her body severed at the waist
and her face slashed from the edge of her mouth toward
the ears, creating a ghastly smile. Reporters nicknamed
her the Black Dahlia after the 1946 noir film The Blue
Dahlia. The murder sparked the largest LAPD
investigation to that point, and the news media ran with
the frenzy. Despite many theories put forth over the
years, the case was never solved.
Solve the Crime - The Black Dahlia
• She was a pretty, 22 year old who wore
dahlias in her hair. On 1/15/47 a mother
walking with her child came upon Short’s
mutilated body in Leimert Park, LA.
• Her torso was cut in half and her face
slashed. The murder had placed her hands
above her head with her elbows bent at
right angles.
The Investigation
• One of the investigators, George Wheeler,
inspects evidence concerning the Black
Dahlia case. Here he is brushing a note,
sent anonymously, for fingerprints. They
were taken and sent to the FBI in WDC to
be matched with Short’s on a database.
She was fingerprinted for a crime at a CA
army base and arrested for underage
drinking.
Timeline of her death
•
•
•
•
•
•
•
•
•
December 31, 1944: Short's playgirl lifestyle changes when she meets Matt Gordon, who stood
out from the testosterone horde, a major with the Flying Tigers.
August 14, 1945: Short had finally stops worrying that Matt will be killed in combat. Instead she
fantasizes about her upcoming nuptials. News reaches her that Matt has been killed.
July 1946: Short returns to Southern California to be close to Joseph Gordon Fickling,
November 13 to December 15, 1946: Short lives in a cramped two-bedroom apartment in
Hollywood with eight other young women.
Early January 1947: Short who was staying with a family is asked to leave. Manley comes to
pick her up. He later tells a reporter that they stayed in a local motel and Short slept in her
clothes.
January 8, 1947: seven days before the murder, Fickling receives a letter from Short. In it, she
tells him she is moving to Chicago, where she hopes to become a fashion model.
January 9, 1947: Manley drives her to Los Angeles and helps her check her luggage at the bus
station. She tells him she is going to Berkeley to stay with her sister, whom she is meeting at the
Biltmore hotel downtown. Manley accompanies her into the hotel lobby, but takes leave of her at
6:30 p.m. to return to his family in San Diego.
January 15, 1947: Short's body is discovered.
January 25, 1947: Short's black patent leather purse and one of her black open-toed pumps is
found in a dumpster at 1819th E. 25th street, several miles from the crime scene. Robert Manley
identifies the items as hers.
Verdict of Coroner’s Jury
STATE OF CALIFORNIA, County of Los Angeles
In the Matter of the Inquisition upon the body of
Elizabeth Short, Deceased,
Before BEN H. BROWN, Coroner.
We, the Jurors, summoned to appear before the Coroner of Los Angeles County at room 102, Hall
of Justice, Los Angeles County, California, on the 22nd day of January A.D. 1947, to inquire into
the cause of the death of Elizabeth Short, having been duly sworn according to law, and having
made such inquisition and hearing the testimony adduced, upon our oaths, each and all do say that
we find that the deceased was named Elizabeth Short, a female, single, native of Mass., aged
about 22 years, and that she came to her death found on the 15th day of January, 1947 at Norton
St. Between 39th and Coliseum Drive, Los Angeles, Los Angeles County, California, and that this
death was caused by hemorrhage and shock due to concussion of the brain and lacerations of
face; and from the testimony introduced we find said injuries to have been inflicted on the
deceased by some person or persons unknown at this time to this jury and at some location
unknown to this jury; and we find this to be a homicide and recommend that every effort be made
to apprehend the perpetrator or perpetrators responsible therefor, all of which we duly certify by
this inquisition in writing, by us signed this 22nd day of January, 1947.
Taunting Letters
• Taunting letters sent from the killer to the
LA Examiner.
• At one point during the investigation, an
envelope was sent to the police department, and
media called it the 'Clue Letter'. Since this
contained some personal effects of the Black
Dahlia, the police were very interested in who
sent it. The sender was never found.
Suspects
Robert Manley - the last person seen with the victim alive.
He helped her check in her suitcase at a bus station. He had
mental problems. He passed a polygraph test.
Mark Hansen – Nightclub owner and a former jealous
boyfriend of Shorts. Whereabouts at time of murder: Los
Angeles. History of violence: None recorded, no criminal
record.Stress factors at time of murder: Long-term
separation from wife but continued with joint real estate
deals; womanizer; problems with disenchanted women.
Link to the victim: Aspiring actresses often stayed in his
large home located behind the Florentine Gardens. The
victim was a guest in suspect's home periodically between
August 1946 and October 1946. Although he denied being
interested in Elizabeth Short, witness claimed suspect tried
to get Elizabeth Short into bed. Short demurred and told him
she was a virgin, so he gave up. Suspect bought clothes and
hats for her. Elizabeth Short called him from San Diego on
January 8 or 9. Link to the signature and MO of
perpetrator: An old, brown address book belonging to
suspect was included in packet mailed by the killer.
Suspects
• Walter Bayley – a surgeon whose house was one block from where the
body was found. His daughter was a friend of Short’s sister. An
autopsy after his death in 1948 showed he was suffering from a
degenerative brain disease. His wife said that Bayley’s mistress had
known a terrible secret about him.
• Dr. George Hodel – His son, an LA homicide detective was certain his
father was the murderer. In a 2003 book, Hodel found two pictures in
his father’s photo album of a young woman who looked like Short.
Letters sent by the killer to the police confirmed that the handwriting
matched that of his father.
• Orson Welles – the famous actor was under suspicion because of his
temper and he ate in the same restaurant as Short.
• Woody Guthrie, - famous singer was a suspect because he had sent
sexually explicit letters to a woman in California.
Do you know?
•
•
•
•
•
•
•
•
•
What court would this case be tried in? State or Federal?
Would the Supreme Court of the U.S. hear this case without voting? How
many votes are needed to hear a case?
Was Manley or any of the other suspects read Miranda rights?
What type of attorney would prosecute the Dahlia matter?
What type of attorney would defend Manley or the other suspects?
If Manley or any suspect cannot afford an attorney what amendment
guarantees him one? What case guarantees this?
If Manley or any suspect does not agree with the verdict, what can he do and
how many is he allowed?
The accused is called the _______? And have a right to have their case
heard before a jury of their ________?
If Manley, etc. were indigent, do they have to accept counsel? Can they
represent themselves?
Lingering Doubts
• Was this tragic murder simply the result of a young
woman being in the wrong place at the wrong time and
encountering a homicidal predator?
• Would someone she knew sent taunting letters to the
police?
• Does such a frenzied attack suggest a person with
mental problems like Bayler or Manley? Since Bayley
was a surgeon living close by, why didn’t detectives
investigative him?
• Should Dr. George Hodel be c considered the chief
suspect since his own son believed he murdered Short?
• Does the jealousy of Short's boyfriend provide the
clearest motive?
59) Cases begin in courts with ________
jurisdiction.
A) prosecutorial
B) appellate
C) original
D) limited
64) A court of last resort has ________
jurisdiction.
A) appellate
B) no
C) original
D) unlimited
• What constitutes a jury of one’s
peers? Who are your peers? If you
were to face trial on a criminal
charge, would you want your peers
on the jury? Explain
What do you think?
• In what ways might pretrial news coverage
be damaging to the objective outcome of a
criminal trial?
• Given the emphasis that our society places
on freedom of the press and freedom of
speech, do you believe that judges should
be allowed to issue gag rules restricting the
ability of trial participants to discuss a case
outside of court?
• Do you think video cameras should be permitted in
criminal courtrooms? Why or why not?
Do you know?
35)
All of the following are true statements about the
United States Supreme Court except:
A) The Supreme Court has the power of judicial
review.
B) Nine justices serve on the Court.
C) Once confirmed, a justice serves an eight-year
term.
D) The Supreme Court is the highest court in the
federal court system.
Federal Court Questions
38)
Which of the following federal offices is
responsible for administering the federal
court system?
A) Bureau of Court Oversight
B) U.S. Attorney's Office
C) General Accounting Office
D) Administrative Office of the United
States Courts
Federal Court Questions
39) There is/are ________ district court(s) in the federal court system.
A) 94
B) 50
C) 14
D) 1
40) In which court would a felony trial be held in the federal court system?
A) United States Magistrates Court
B) District Court
C) United States Supreme Court
D) Court of Appeals
41) How many regional intermediate appellate courts are there in the federal system?
A) 12
B) 50
C) 1
D) 6
Federal Court Questions
44) The dual-court system consists of:
A) drug and gun courts.
B) felony and misdemeanor courts.
C) state and federal courts.
D) trial and appellate courts.
46) The federal court system is comprised of the U.S. ________ courts, U.S. courts of
appeals, and the U.S. Supreme Court.
A) venue
B) mediation
C) circuit
D) district
47) States that followed the federal court model have how many tiers?
A) five
B) two
C) three
D) four
True or False
1) Prosecutors are required to assist the defense in building its case by
making available any evidence in their possession.
2) A study in the state of New York found that defendants considered
community courts to be less fair than traditional courts.
3) A lay witness is allowed to offer his or her opinion in court.
4) All judges in America are chosen by election.
5) A prosecutor is absolutely immune from civil liability when giving legal
advice to the police and initiating a prosecution against a suspect.
6) In 2005 the American Bar Association issued a set of 19 principles to guide
jury reform. The principles are aimed at preventing jurors from accepting
bribes.
7) Most defendants are represented by a private attorney through all stages of
the court process.
8) Suspects have the constitutional right to represent themselves.
True or False
9) An indigent suspect charged with an offense for which he or she could
receive a sentence of imprisonment has the constitutional right to be
represented by counsel.
10) By law and judicial precedent, television cameras are permitted in state
and federal courtrooms, including the United States Supreme Court.
11) The Missouri plan for judicial selection includes elements of judicial
selection by election and appointment.
12) During the Middle Ages victims played a central role in trial and
sentencing proceedings.
13) The American court system has three types of courts: federal, state and
local.
14) An appeal by a defendant convicted in a trial court, results in a new trial in
the appellate court.
15) In some instances, state courts will try a case involving federal law.
Multiple Choice
21) All of the following are considered professionals in the courtroom work group except the:
A) defense attorney.
B) victim.
C) prosecuting attorney.
D) judge.
22) The U.S. Supreme Court case of U.S. v. Bagley compels the prosecution to disclose any evidence that the
________ requests.
A) defense
B) police
C) judge
D) press
23) Which statement is false regarding the role of the judge in the courtroom work group?
A) The judge holds ultimate authority in ruling on matters of law.
B) The judge is responsible for presenting the state's case against the defendant.
C) The primary duty of a judge is to ensure justice.
D) If a guilty verdict has been returned, the judge is responsible for imposing a sentence.
24) Which work group member has the responsibility of demonstrating to a jury that a defendant is guilty
beyond a reasonable doubt?
A) the prosecutor
B) the judge
C) the defense attorney
D) the bailiff
Short Answer.
77) The three-tiered structure of the ________ court system is comprised of
U.S. District Courts, U.S. courts of appeals and the U.S. Supreme Court.
78) ________ is the territory, subject matter, or people over which a court or
other justice agency may exercise lawful authority.
79) If a murder is committed in Morgan County the prosecution of that case
must begin in the Morgan County Circuit Court. The Morgan County
Circuit Court has ________ jurisdiction.
80) The lawful authority of a court to review a decision made by a lower
court is known as ________ jurisdiction.
81) Trial de novo literally means a ________ trial.
82) The United States Supreme Court is a "court of ________ resort".
83) A coordinator who assists with case-flow management, operating funds,
budgeting, and the management of the court docket is the state court
________.
Short Answer.
84) An informal hearing place designed to mediate interpersonal
disputes without resorting to the more formal arrangements of a
criminal trial court is a ________ center.
85) A low-level court that focuses on quality-of-life crimes that erode a
neighborhood's morale and emphasizes problem solving rather than
punishment is known as a ________ court.
86) After Bob kills Ray, the prosecutor decides to charge Bob with
voluntary manslaughter instead of first degree murder. This is an
example of prosecutorial ________.
87) A victim-________ program offers services to victims of crime in
the areas of crisis intervention and follow-up counseling and that
helps victims secure their rights under the law.
88) ________ evidence is any information having a tendency to clear a
person of guilt or blame.
Short Answer.
84) An informal hearing place designed to mediate interpersonal
disputes without resorting to the more formal arrangements of a
criminal trial court is a ________ center.
85) A low-level court that focuses on quality-of-life crimes that erode a
neighborhood's morale and emphasizes problem solving rather than
punishment is known as a ________ court.
86) After Bob kills Ray, the prosecutor decides to charge Bob with
voluntary manslaughter instead of first degree murder. This is an
example of prosecutorial ________.
87) A victim-________ program offers services to victims of crime in
the areas of crisis intervention and follow-up counseling and that
helps victims secure their rights under the law.
88) ________ evidence is any information having a tendency to clear a
person of guilt or blame.
Dispute Resolution Centers
• Offer a way to resolve disputes
without a formal hearing
• Over 200 programs nationwide
• Frequently staffed by volunteers
• May or may not be run by the courts
• Central feature of restorative justice
43) Ray had his wallet stolen. When the man
who stole his wallet was caught, Ray opted
to resolve the disagreement informally. The
disposition of his case was probably heard
at a:
A) alternative justice center.
B) criminal justice center.
C) dispute-resolution center.
D) victim-assistance center.
U.S. Supreme Court
• The U.S. Supreme Court consists
of nine justices:
– Eight Associate Justices
– One Chief Justice
• Justices are nominated by the
President, confirmed by the
Senate, and serve for life.
Jurisdiction of the U.S. Supreme Court
• Original jurisdiction
– Limited
– Reserved for disputes between states
and some cases of attorney disbarment
• Appellate jurisdiction
– Reviews the decisions from U.S. Courts
of Appeals and state supreme courts
Supreme Court of the U.S.
One First Street, NE, Washington, DC 20543 Phone: 202-479-3211
Members:
Chief Justice of the United States
Who?
Associate Justices
Who are they?
Supreme Court of the U.S.
One First Street, NE, Washington, DC 20543 Phone: 202-479-3211
Members:
Chief Justice of the United States
JOHN G. ROBERTS, JR.
Associate Justices
ANTONIN SCALIA
ANTHONY M. KENNEDY
CLARENCE THOMAS
RUTH BADER GINSBURG
STEPHEN G. BREYER
SAMUEL A. ALITO, JR.
SONIA SOTOMAYOR
ELENA KAGAN
U.S. Supreme Court: Appeals
• Of 5,000 annual requests for review, only
about 200 are heard.
– ????? justices must vote in favor of a hearing for a
case to be heard.
• Usually the Court only reviews cases that
involve a substantial federal question.
• The Court issues a writ of certiorari to a lower
court.
• The Court reviews transcripts and hears brief
oral arguments.
U.S. Supreme Court - Tradition
•
•
•
For all of the changes in its history, the Supreme Court has retained so
many traditions that it is in many respects the same institution that first
met in 1790, prompting one legal historian to call it, "the first Court still
sitting.“
As is customary in American courts, the nine Justices are seated by
seniority on the Bench. The Chief Justice occupies the center chair; the
senior Associate Justice sits to his right, the second senior to his left,
and so on, alternating right and left by seniority.
Since at least 1800, it has been traditional for Justices to wear black
robes while in Court. Chief Justice Jay, and apparently his colleagues,
lent a colorful air to the earlier sessions by wearing robes with a red
facing, somewhat like those worn by early colonial and English judges.
The Jay robe of black and salmon is now in the possession of the
Smithsonian Institution.
U.S. Supreme Court - Tradition
• Quill pens have remained part of the Courtroom
scene. White quills are placed on counsel tables each
day that the Court sits, as was done at the earliest
sessions of the Court. The "Conference handshake"
has been a tradition since the days of Chief Justice
Melville W. Fuller in the late 19th century. When the
Justices assemble to go on the Bench each day and
at the beginning of the private Conferences at which
they discuss decisions, each Justice shakes hands
with each of the other eight. Chief Justice Fuller
instituted the practice as a reminder that differences
of opinion on the Court did not preclude overall
harmony of purpose.
U.S. Supreme Court - Tradition
• The Supreme Court has a traditional seal, which is
similar to the Great Seal of the United States, but
which has a single star beneath the eagle's claws—
symbolizing the Constitution’s creation of "one
Supreme Court." The Seal of the Supreme Court of
the United States is kept in the custody of the Clerk of
the Court and is stamped on official papers, such as
certificates given to attorneys newly admitted to
practice before the Supreme Court. The seal now
used is the fifth in the Court’s history.
Jurisdiction
• The jurisdiction of a court refers to
those cases in which it may
exercise lawful authority
– Determined by statute or constitution
A Typical State Court System
State Trial Courts: Courts of
Limited Jurisdiction
• Authorized to hear:
– Misdemeanors, family disputes, traffic
violations, and small claims
– Rarely hold jury trials
– Do not maintain records of proceedings
(just charge, plea, finding, and sentence)
– Less formal than higher courts
State Trial Courts: Courts of
General Jurisdiction
• Also called: high courts, circuit courts,
or superior courts.
• Formal courts that make full use of
juries, witnesses, prosecutors,
defense attorneys
• Authorized to hear:
– Any criminal case
– Lower court appeals
• Trial de novo
Adversarial Process
• …pits the interests of the state,
represented by prosecutors, against
the accused, represented by defense
counsel, in a process constrained by
procedural rules specified in law and
by tradition.
State Appellate Courts
• 39 states have intermediate and highlevel appellate courts (courts of last
resorts).
• All states have supreme courts.
The Federal Court System
• Established by the U.S.
Constitution
– Article III, Section 1
• “One Supreme Court, and such inferior
courts as the Congress may from time to
time ordain and establish.”
Federal Court System
Herrera v. Collins (1993)
• Evidence of innocence is no
reason for a federal court to
order a new trial if constitutional
grounds are lacking.
• “Where a defendant has been afforded a fair trial
and convicted of the offense for which he was
charged, the constitutional presumption of
innocence disappears.”
Jurisdiction of Federal Courts
• Article III, Section 2
• Federal courts have jurisdiction over
cases arising under the Constitution,
federal law, and treaties.
• Federal courts settle disputes
between states and have jurisdiction
in cases where one of the parties is a
state.
Structure of Federal Court System
• Three Levels of Courts
– U.S. Supreme Court
– U.S. Courts of Appeals
– U.S. District Courts
U.S. District Courts
• There are 94 judicial districts
– At least one district court per state
– District courts in Puerto Rico, the District of
Columbia, and other U.S. Territories
• The trial courts of the federal system
• Original jurisdiction over all cases
involving alleged violations of federal
statutes
District Court Judges
• There are 650 district court judges.
– Appointed by the President and confirmed by
the Senate
– Serve for life
• District court judges are assisted by
magistrate judges, who:
–
–
–
–
Conduct arraignments
Set bail
Issue warrants
Try minor offenders
U.S. Courts of Appeal: Circuit Courts
• There are 13 U.S. Courts of Appeals
– The 94 judicial districts are organized into 12
regions (circuits), each with one Circuit Court.
– The Federal Circuit has one U.S. Court of
Appeals.
– 167 appeals court judges
– Review cases on appeal from U. S. district
courts and trial-level federal courts
U.S. Circuit Courts of Appeal
FIGURE 9–3 Geographic boundaries of the U.S. courts
of appeals.
U.S. Courts of Appeal: Circuit Courts
• Have mandatory jurisdiction over
decisions of appealed district court
cases
• Appeals are classified as:
– Frivolous
– Ritualistic
– Nonconsensual
• The number of federal criminal appeals
reached record high levels in 2005.
Appeals: The Results
• Most convictions are confirmed.
• Some decisions are reversed and
cases remanded.
• Recourse may be to a state supreme
court.
• Generally, state supreme court is the
court of last resort.
Appeals: Moving to the Federal
System
• Cases can be appealed to the U.S.
Supreme Court if they are based on a
claimed violation of the defendant’s
rights as guaranteed under federal
law or the U. S. Constitution.
Community Courts
• Low level courts focusing on qualityof-life crimes that erode neighborhood
morale
• Emphasize problem solving rather
than punishment
• Build on restorative principles such as
community service and restitution
85) A low-level court that focuses on qualityof-life crimes that erode a neighborhood's
morale and emphasizes problem solving
rather than punishment is known as a
________ court.
Jurisdiction of the U.S. Supreme Court
• Original jurisdiction
– Limited
– Reserved for disputes between states
and some cases of attorney disbarment
• Appellate jurisdiction
– Reviews the decisions from U.S. Courts
of Appeals and state supreme courts
Writ of Certiorari
• … a writ issued from an appellate
court for the purpose of obtaining
from a lower court the record of its
proceedings in a particular case.
Judicial Review
• … the power of a court to review
actions and decisions made by other
agencies of government.
• It is probably the U.S. Supreme
Court’s greatest power.
• Marbury v. Madison (1803)
Opinions of the Court
• Supreme Court decisions are rarely
unanimous
• Types of opinions:
• Majority—Justices agree in outcome and
reasoning. This is the opinion of the court.
• Concurring—Agree with outcome, but for
different reasons.
• Dissenting—Disagree with outcome.
Judicial Selection
• Federal Judges
• Nominated by
President
• Confirmed by
senate
• State Judges
• Popular election
• Gubernatorial
appointment
• Missouri Plan
(combines
appointment and
election)
Judges: Qualifications
• At general and appellate levels:
– Be a member of the state bar
– Be a licensed attorney
– Hold a law degree (in most states)
– Attend professional training
• In some states, lower court judges
may be elected without educational
or other professional
requirements.
Prosecutor’s Responsibilities
• Present the state’s case against the
defendant
• State has the burden of proof
• Supervise staff of assistant district
attorneys
• Serve as quasi-legal advisor to police
• Files appeals on behalf of the state
• Makes presentations to parole boards
Prosecutorial Discretion
• Prosecutor decides:
• Whether or not to charge someone with a crime
• Which charges are to be filed against the defendant
• Whether multiple charges should be filed together
or separately
• When to schedule cases for trial
• Whether or not to accept a negotiated plea
• What evidence to present, including witnesses
• What sentencing recommendations to make
Case Law
•
•
•
•
Brady v. Maryland (1963)
U. S. v. Bagley (1985)
Imbler v. Patchman (1976)
Burns v. Reed (1991)
Abuse of Discretion
• Prosecutors may abuse their discretion
by…
– Not prosecuting friends
– Accepting guilty pleas or reduced charges for
personal consideration
– Overzealous prosecution to gain visibility for
possible reelection
– Scheduling activities to make life difficult for
defendants, in an attempt to put pressure on
them to plead guilty Discrimination against
minorities
Defense Counsel
•
•
•
•
•
•
•
Represents the accused
Participates in plea negotiations
Prepares a defense
Calls witnesses
Refutes case presented by prosecutor
Presents arguments at time of sentencing
Files appeals
Three Major Categories of Defense
Counsel
1.
Private attorney
(retained
counsel)
• Have their own legal practices or work for
law firms
• Fees can be high
2.
Court-assigned
counsel
(assigned
counsel)
• Lawyers drawn from a roster of all
practicing attorney
• Fees are paid at a rate set by the
government
3.
Public defender
• Relies on full-time salaried government
staff
Criminal Defense of the Poor
• The Sixth Amendment to the U.S.
Constitution guarantees criminal
defendants the effective assistance of
counsel.
• Defendants who are unable to pay for
private defense attorneys will receive
adequate representation at all stages of
criminal justice processing.
Case Law
•
•
•
•
•
•
Powell v. Alabama (1932)
Alabama v. Shelton (2002)
Johnson v. Zerbst (1938)
Gideon v. Wainwright (1963)
Argersinger v. Hamlin (1972)
In re Gault (1967)
Court-Assigned Counsel
• Fee paid based on state rate (most
widely used).
• Fee is usually low, raising questions
about the level of commitment of
defense attorneys.
• Roster of local attorneys who are
willing to take cases under
established fees.
Public Defender Program
• Uses full-time salaried attorneys.
• 28% of counties nationwide use this
system exclusively.
• 64% of counties nationwide use
public defenders as part of their
system.
Contract Attorneys
• Local attorneys are maintained
on contract to handle all cases.
• This is the least widely used form
of indigent defense.
Waiving the Right to an Attorney
• 1% of federally charged defendants
and 3% of state level defendants
represent themselves.
• Faretta v. California (1975)
• Indigents are not required to accept
counsel. They may waive their
right and represent themselves.
Appeals and Indigent Defense
• State-supported indigent defense
systems may also be called on to
provide representation during
appeals.
• If an attorney believes that such an
appeal would be frivolous, he or she
can request to be withdrawn from the
case.
Expert Witness
• Expert witnesses have special
knowledge and skills in an
established profession or technical
area. Usually, this person is paid to
testify.
• Unlike lay witnesses, they may
express opinions and draw
conclusions in their testimony.
Lay Witness
• Non-expert witnesses are called
lay witnesses. They may be:
• Eye witness
• Character witness
• Victim
• Lay witnesses are subpoenaed to
testify to that which they have
direct knowledge of.
Jurors
• Article III of the U.S. Constitution
• “trial of all crimes…shall be by jury”
• States determine the number of jurors.
Most use 12, plus 2 alternates.
• Jury duty…a civic responsibility
Peer Juries
• Defendants have the right to
have their cases heard before a
jury of their peers.
• Peer juries are those composed
of a representative cross section
of the community.
Jury Reform
• In 2005, the American Bar
Association released a set of 19
principles intended to guide jury
reform…to improve treatment of
jurors and modernize the system.
The Defendant
• Generally, they must be present at trial.
• Defendants exercise choice in:
• Selecting and retaining counsel
• Planning a defense strategy with counsel
• Deciding what information to provide
counsel
• Deciding what to plea
• Deciding whether or not to testify
• Determining whether or not to file an appeal
Spectators and the Press
• May be present at trial; with more at
higher-profile cases
• The right of reporters to be there is
supported by the Sixth Amendment’s
requirement of a public trial.
• Most courts allow cameras in the
courtroom…for television coverage.
State Court Systems Today
• Many differences among state courts.
• Most use the three-tiered structure.
– Trial courts of limited jurisdiction
– Trial courts of general jurisdiction
– Appellate courts
• The court reform movement continues today,
seeking to simplify and unify court structures.
Appeals
• Appeals are requests by a defendant to a
higher court asking it to review the actions of a
lower court.
• Some cases (involving death penalty or life
sentences) are automatically appealed.
• Appellate court reviews transcripts from lower
trial courts and may allow both sides to make
oral arguments.
Right to Appeal
• The Constitution guarantees a right to
appeal.
• A defendant’s right to appeal, however,
has been interpreted to mean the right to
one appeal.
• Therefore, the U.S. Supreme Court does
not hear every appeal by defendants
dissatisfied with the decision of a federal
appeals court.