Chapter 16
The Judicatory Process
Court Structure
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State Courts
 Most states employ a multitiered court structure
 Lower courts try misdemeanors
 Superior courts try felony cases
 Appellate courts review procedures of trial courts
Figure 16.1 Structure of a State Judicial System
Court Structure
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Federal Courts
 Three tiers: district courts, courts of appeal, and U.S. Supreme
Court
 Supreme Court comprised of nine members, who grant certiorari
to review cases
 Supreme Court cases can become precedent cases
Court Case Flow
 Nearly 100 million new cases are brought each year
 Court cases are up even though crime rates are down
Figure 16.2 The Federal Judicial System
Figure 16.3 Tracing a Case to the U.S. Supreme Court
Actors In The Judicatory Process
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Adversary system
The objective is to seek the truth and keep the process fair
Actors In The Judicatory Process
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Prosecutors
 Prosecutor is a public official who represents the government in
trials and grand juries
 Types of prosecutors:
• U.S. Attorney General
• District Attorney
• County Attorney
• Commonwealth Attorney
• State’s Attorney
 Commonly elected positions
Actors In The Judicatory Process
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Prosecutorial Discretion
 Prosecutors maintain a great deal of discretion
 Nolle Prosequi (dismissing a case)
 Factors influencing discretion include:
• Attitude of the victim
• Cost of the prosecution
• Undue harm to the suspect
• Availability of alternative procedures
• Availability of civil sanctions
• Willingness of suspect to cooperate
 Political issues affect “convictability” (chances for a conviction)
Actors In The Judicatory Process
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Defense Attorney
 Responsible for providing legal representation of the defendant
• Protecting the constitutional rights of the accused
• Presenting the best possible legal defense
 Indigent defendants have the right to counsel (public defenders)
 Some defense lawyers work pro bono (volunteer their services)
 Defense attorneys can refuse to represent a client who is
suspected would commit perjury (Nix v. Whiteside)
Actors In The Judicatory Process
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Judge
 Senior officer in the court
 Rules on the appropriateness of conduct, settles questions of
evidence and procedure, and guides the questioning of witnesses
 Maintains control over other service agencies of the court
Actors In The Judicatory Process
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Judicial Selection
 Appointed by governors or special committees, or election
 Missouri Plan is used in more than 30 states:
• Nomination of candidate
• Appointment by a commission
• Noncompetitive elections for retention
 Judicial Overload
 Number of civil and criminal filings has increased dramatically
since 1985
 Average cases per judge: 1500 civil and criminal cases per year
Pretrial Procedures
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Bail
 Money or some security provided to the court to ensure the
appearance of the defendant at trial
 Originated from English common law
 Eighth Amendment right
 Nearly two-thirds of defendants are released by the court prior to
appearance
Making Bail
 Drug and public order offenders are most likely to be bailed
 Defendants with active criminal justice status are more likely to be
detained (54 percent)
Pretrial Procedures
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The Problems of Bail
 The bail system is costly since the state must pay housing costs
 Most significant problems with bail include:
• Increases punishment risk (more likely to be convicted)
• Bonding and recovery agents (sometimes unscrupulous)
 Skip tracers or bounty hunters may be used to track
 down fugitives
Bail Reform
 Encouraged the use of pretrial release
 Most defendants return for trial
Pretrial Procedures
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Weblink
www.bounty-hunter.net
Pretrial Procedures
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Preventive Detention
 The Bail Reform Act of 1984 allows federal offenders if the safety
of another person or community is at risk
 U.S. v. Salerno upheld that preventive detention is permissible for
public safety
 Schall v. Martin pertained to the holding of juvenile offenders
Pretrial Procedures
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Plea Bargaining
 One of the most common practices (90 percent of felonies plead
guilty and 98 percent of misdemeanors)
 Motivations for pleading guilty include: strong cases, minimizing
sentences, and protection of accomplices.
 Plea bargains can benefit prosecutors in case that would have
otherwise been dismissed due to weak evidence
Plea Bargaining Issues:
 Costs of prosecution are reduced
 Efficiency of the courts are improved
 Prosecution can devote more time to serious cases
 Defendant avoids extended detention waiting for trial
Pretrial Procedures
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Control of Plea Bargaining
 Reforms have been made which include: uniform plea practices,
presence of counsel during negotiations, and establishment of
time limits
 Alaska eliminated the process in 1975
 Iowa, Arizona, Delaware, and the District of Columbia have
sought to limit plea bargains
The Criminal Trial
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Jury Selection
 Selected randomly (commonly through voter registration)
 Process of voir dire (questioning)
 Challenges for cause (bias)
 Peremptory challenges (no particular reason)
 Batson v. Kentucky ruled peremptory challenges due to race
violated equal protection of the law
Impartial Juries
 Sixth Amendment safeguards against jury bias
CNN Clip - Hospital Patient Deaths
The Criminal Trial
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The Trial Process
• The basic steps of the criminal trial:
• Opening statements
• The prosecutions case
• Cross-examination
• The defense’s case
• Rebuttal
• Closing arguments
• Instructions to the jury
• Verdict
• Sentencing
• Appeal
Figure 16.4 The Steps of a Jury Trial
The Criminal Trial
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Trials and Rule of Law
• Right to a Speedy Trial (within a reasonable period)
 Federal Speed Trial Act 1974 (100 days rule)
• Right to a Jury Trial
• Right to be Free From Double Jeopardy (Fifth Amendment)
• Right to Legal Counsel ( Sixth Amendment)
• The Right of be Competent at Trial (including forced
medication)
• Right to Confront Witnesses
Sentencing
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Purposes of Sentencing
 Deterrence, Incapacitation, Rehabilitation, and Retribution
Sentencing Dispositions
 Generally five types
• Fines
• Probation
• Alternative or Intermediate Sanctions
• Incarceration
• Capital Punishment
Sentencing
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Imposing the Sentence
 May be by jury, judge, or administrative body
 Concurrent sentence means both sentences are served together
 Consecutive sentence means upon completion of one sentence
the other sentence begins
Sentencing
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Sentencing Structures
 Indeterminate Sentences: length of sentence varies
 Determinate Sentences: fixed period of time
 Structured Sentences: use of guidelines to make sentencing
more rational
 Mandatory Sentences: use of minimum sentences
 Truth in Sentencing: serving substantial portion of prison
sentences (1984)
Table16.1 Sentencing Guidelines Grid
Sentencing
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Three Strikes Laws
 Provides lengthy terms for persons convicted of the third felony
 Some judges defy the provisions as being unduly harsh
 Critics charge: 1) three-time losers are on the verge of aging-out
of crime, 2) overburdens the prison system, and 3) police may be
more at risk
Sentencing
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How People Are Sentenced
 Nearly two-thirds of all felons are confined
 Average sentence for felons is 4 _ years (serving 2 _)
 39 percent of felons are ordered to pay fines, restitution, or
comply with some other additional penalty
 Most serious crimes are most likely to receive prison
Table 16.2 Lengths of Felony Sentences Imposed by
State Courts, 2000
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How People Are Sentenced
 Nearly two-thirds of all felons are confined
 Average sentence for felons is 4 _ years (serving 2 _)
 39 percent of felons are ordered to pay fines, restitution, or
comply with some other additional penalty
 Most serious crimes are most likely to receive prison
Sentencing
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Sentencing Disparity
 Sentencing variations are affected by:
• The offender’s prior criminal record
• Whether the offender used violence
• Whether the offender used weapons
• Whether the crime was committed for money
 Extralegal factors such as age, race, gender, and economic
status affect sentencing outcomes
Figure 16.5 Type of Sentence Received for a Felony Conviction by
Prior Conviction Record, 2000
The Death Penalty
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The Death Penalty Debate
Arguments for:
 It is fair to punish the wicked
 Biblical implications
 Retribution
 Deterrence for life sentences
 Ultimate incapacitation
 Racial disparity seems to be fading
The Death Penalty
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Arguments Against the Death Penalty
 Little deterrent effect
 Executions may increase crime (brutalization effect)
 Gender, racial and ethnic biases
 Causes more crime (police at risk)
 Brutal and demeaning
 Support is not widely approved by the public
 Precludes any rehabilitation
 The death penalty is capricious
 Not proven to be a deterrent
 Costs could be greater than life sentences due to legal appeals
The Death Penalty
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Legality of the Death Penalty
 Furman v. Georgia (1972) placed a moratorium on death
sentences as cruel and unusual punishment
 Gregg v. Georgia (1976) reinstatement based on aggravating
factors
 Wilkins v. Missouri and Stanford v. Kentucky limited the earliest
age of execution as 16 years.
 Atkins v. Virginia prohibited the execution of mentally retarded
criminals
Figure 16.6 Executions 1930-2003