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

Chapter One: Courts, Crime, and Controversy

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

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

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

Dual Court System Federal Courts: Magistrate -> District -> Circuit Court of Appeals -> Supreme Court of the United States. 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 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

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

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

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

The Crime Control Model versus The 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 The Crime Control Model versus The 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

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

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

Competing Values

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

DISCUSSION QUESTION: WOULD THE DEATH PENALTY BE A “CRIME CONTROL” OR A “DUE PROCESS” ISSUE? Why?