Courts, The Judiciary, Prosecution and Defense

Courts What is the court process intended to do?

Criminal Courts What is fairness? What is justice?

VA Court System Overview General District Court Juvenile and Domestic Relations Court Circuit Court Court of Appeals Virginia Supreme Court

VA Court System Overview General District Court

VA Court System Overview Juvenile and Domestic Relations Court

VA Court System Overview Circuit Court

VA Court System Overview Court of Appeals

VA Court System Overview Supreme Court of Virginia

State Courts Generally State Court Jurisdiction

Federal Courts Generally Federal District Courts

Federal Courts Generally Federal Appellate Courts

Federal Courts Generally U.S. Supreme Court

Court Caseloads The U.S. Constitution specifies the right to a speedy trial. – Does this occur? – Is it fair to the accused if trial is not speedy? – Is it fair to the public if criminals are able to manipulate court dockets to obtain delays?

Court Caseloads Causes of Case Delays – Pretrial motions – Evidentiary delays – Case “ripeness” Delays while clients earn defense attorney fees

Judicial Influence Judges influence extends beyond court. – Police – Prosecutor – Probation Departments

Judicial Bias Types of Judicial Bias – Race – Gender – Class – Educational Level – Military Background – Religious Background

Judicial Bias Examples of Judicial Bias – Judge Guerry and Judge Ryan – Two Judges held out re: appointment – Rape case: Caught in the act – Over 1000 admitted forcible rapes

Judicial Bias Does the CJ System really want unbiased judges?

Break Read assignments. Participate in class discussions. Review notes weekly.

Prosecution and Defense Basic Principles – Innocent until proven guilty – Guilt beyond reasonable doubt

Prosecution and Defense Prosecutorial Duty

Prosecution and Defense Prosecutorial Bias – Federal Prosecutors – State Prosecutors

Prosecution and Defense Prosecutorial Bias – Federal Prosecutors and State Prosecutors

Prosecution and Defense Prosecutorial Bias – Examples: Self-Serving Bias: Honest Misguided Bias:

Prosecution and Defense Defense Duty

Prosecution and Defense Defense Ethics – Is it acceptable to cross-examine for the purpose of discrediting a witness who you know to be telling the truth? – Is it acceptable to put a witness on the stand when you know he will commit perjury? – Is it acceptable to give a client legal advice when you believe he will use it to commit perjury?

Prosecution and Defense The Right to Counsel – Should the public have to pay for counsel for indigent persons? – Should the public have to pay for counsel for obviously guilty persons?

Prosecution and Defense What is a Public Defender?

Prosecution and Defense Defense Attorney Competence – High paid top firms – New attorneys fresh from law school – Wide range of abilities and experience

Prosecution and Defense What is competent representation? – Reasonable Competence Standard

Break Read assignments. Participate in class discussions. Review notes weekly.