1. Unit 4 Notes

2. Judges act in three major roles: 1. Adjudicator – must assume a neutral stance between the prosecution and the defense. Must apply the law fairly to uphold the rights of the accused. Must apply the law fairly to uphold the rights of the accused. Adjudicator Negotiator Administrator

3. 2. Negotiator – act as a referee between prosecutors and defense attorneys when plea bargaining, sentencing, setting bail, and proceeding through the trial.

4. 3. Administrator - direct those who keep records, schedule cases, and are generally in charge of the courtroom and staff.

5. Act as lawyers for the state and present evidence on behalf of the people. Act as lawyers for the state and present evidence on behalf of the people. Primary duty is not to convict the accused, but to see that justice is done. Primary duty is not to convict the accused, but to see that justice is done. Suppression of facts or witnesses capable of establishing the innocence of the accused is illegal. Suppression of facts or witnesses capable of establishing the innocence of the accused is illegal. They may use their discretion to decide when to charge a suspect, what the charges should be, and recommend sentencing. They may use their discretion to decide when to charge a suspect, what the charges should be, and recommend sentencing.

6. Advise the defendant and protects his/her constitutional rights throughout the justice process. Advise the defendant and protects his/her constitutional rights throughout the justice process. Duty is to make sure the prosecution proves its case in court. Duty is to make sure the prosecution proves its case in court. May advise their client to plea bargain if they believe the prosecution has enough evidence to prove guilt. May advise their client to plea bargain if they believe the prosecution has enough evidence to prove guilt.

7. Indigent defendants are those who are too poor to afford their own attorney. Indigent defendants are those who are too poor to afford their own attorney. Often these attorneys are inexperienced, overworked, and underpaid. Often these attorneys are inexperienced, overworked, and underpaid. In some states, non-profit organizations pay for indigent counsel instead of the state or local governments. In some states, non-profit organizations pay for indigent counsel instead of the state or local governments. The majority of accused criminals are represented by public defense, not private. The majority of accused criminals are represented by public defense, not private.

8. Bail is a sum of money or property, that the defendant must present to the court in order to gain pretrial release. Bail is a sum of money or property, that the defendant must present to the court in order to gain pretrial release. The bail will be forfeited if the defendant does not appear in court as scheduled. The bail will be forfeited if the defendant does not appear in court as scheduled. Some states allow defendants to pay 10% of their bail in cash to be released. Some states allow defendants to pay 10% of their bail in cash to be released.

9. Release on bail is not guaranteed. Release on bail is not guaranteed. Judges weigh several factors when determining bail: Judges weigh several factors when determining bail: Seriousness of the crime Seriousness of the crime Accused’s income Accused’s income Prior criminal record Prior criminal record Flight risk – Risk to the community Flight risk – Risk to the community

10. Bail Bondsmen – private businesspeople who loan money to defendants who can’t afford bail. Bail Bondsmen – private businesspeople who loan money to defendants who can’t afford bail. Licensed by the state. Licensed by the state. Charge a fee of usually 5-10% of the bail amount. Charge a fee of usually 5-10% of the bail amount. If the defendant skips town, the bondsman’s money is forfeited. If the defendant skips town, the bondsman’s money is forfeited.

11. Hired by Bail Bondsmen to locate bail jumpers and return them to court. Hired by Bail Bondsmen to locate bail jumpers and return them to court. Their authority varies by state. Their authority varies by state. Most states do not allow them to carry firearms. Most states do not allow them to carry firearms. Do not need a warrant to re-arrest suspects. Do not need a warrant to re-arrest suspects.

12. Often, the accused may opt to enter a guilty plea and or testimony in exchange for a lesser sentence or immunity. Often, the accused may opt to enter a guilty plea and or testimony in exchange for a lesser sentence or immunity. Saves attorneys the time it takes to prepare for a case. Saves attorneys the time it takes to prepare for a case. Saves the public the money to prosecute criminals. Saves the public the money to prosecute criminals.

13. Plea Bargaining is beneficial because: 1. if every case went to trial, we would need many times more judges and courts. times more judges and courts. 2. it speeds up the justice system and rehabilitation of the convicted. and rehabilitation of the convicted. 3. it reduces the time pretrial detainees spend in jail. detainees spend in jail.

14. Only about 9% of felony cases go to trial. Only about 9% of felony cases go to trial. Of these, only 4% are jury trials. Of these, only 4% are jury trials. The rest are Bench Trials presided over by a judge without a jury. The rest are Bench Trials presided over by a judge without a jury. Defendants may chose a bench trial if they feel a judge will be more capable of being objective than a jury. Defendants may chose a bench trial if they feel a judge will be more capable of being objective than a jury.

15. Celebrity Cases High Profile Felony Cases Ordinary Felony Cases MisdemeanorsMisdemeanors 1234 The Wedding Cake Model

16. The jury is meant to represent the community’s values and biases. The jury is meant to represent the community’s values and biases. Jury’s main duty is to determine whether the accused is guilty on the basis of only the evidence presented. Jury’s main duty is to determine whether the accused is guilty on the basis of only the evidence presented. Usually a jury is made up of 12 citizens. (7 in VA for misdemeanors) Usually a jury is made up of 12 citizens. (7 in VA for misdemeanors) Most states require a unanimous verdict for guilt. Most states require a unanimous verdict for guilt.

18. 1. Jury Selection Attorneys attempt to select jurors who will be sympathetic to their side. Attorneys attempt to select jurors who will be sympathetic to their side. Select from names in the jury pool. (registered voters, drivers licenses) Select from names in the jury pool. (registered voters, drivers licenses) Challenged for Cause: removal of a prospective juror due to some bias or inability to make fair decisions. (unlimited) Challenged for Cause: removal of a prospective juror due to some bias or inability to make fair decisions. (unlimited) Peremptory Challenges: excludes prospective jurors without specific reasons. (usually 8-10 allowed) Peremptory Challenges: excludes prospective jurors without specific reasons. (usually 8-10 allowed)

19. 2. Opening Statements The prosecutor and defense attorney may summarize their position. The prosecutor and defense attorney may summarize their position. Do not act as evidence or proof. Do not act as evidence or proof. 3. Presentation of Prosecution’s Evidence Prosecutors must prove beyond a reasonable doubt, that the defendant is guilty. Prosecutors must prove beyond a reasonable doubt, that the defendant is guilty. Evidence may be physical objects, or testimony. Evidence may be physical objects, or testimony. After a witness has given testimony, he/she can be cross-examined by counsel for the other side. After a witness has given testimony, he/she can be cross-examined by counsel for the other side. Opposing attorney’s may object if they feel the presentation has violated the rules. (hearsay, leading, opinion…) Opposing attorney’s may object if they feel the presentation has violated the rules. (hearsay, leading, opinion…)

20. 4. Presentation of the Defense’s Evidence The defense is not required to prove innocence. The defense is not required to prove innocence. Try to contradict the state’s case. Try to contradict the state’s case. Offer an alibi if one is available. Offer an alibi if one is available. May offer an affirmative defense. (insanity, infancy, duress…) May offer an affirmative defense. (insanity, infancy, duress…) Defendants may waive their right to take the stand by exercising their 5 th Amendment rights. Defendants may waive their right to take the stand by exercising their 5 th Amendment rights. 5. Closing Arguments Attorneys review the evidence of the case for the jury. Attorneys review the evidence of the case for the jury.

21. 6. Judge’s Instructions to the Jury Discuss basic legal principles such as proof beyond a reasonable doubt. Discuss basic legal principles such as proof beyond a reasonable doubt. Sometimes takes hours. Sometimes takes hours. 7. Jury Deliberation They first elect a foreperson to run the meetings. They first elect a foreperson to run the meetings. Discuss the facts that they have been presented. Discuss the facts that they have been presented. If the jury cannot reach a verdict, the trial ends with a hung jury and the prosecutor must decide if they will try the case over again from the beginning with a new jury. If the jury cannot reach a verdict, the trial ends with a hung jury and the prosecutor must decide if they will try the case over again from the beginning with a new jury.

22. An appeal is based on a claim that one or more errors of law or procedure were made during the investigation, arrest, or trial process. An appeal is based on a claim that one or more errors of law or procedure were made during the investigation, arrest, or trial process. State trials are appealed through that state’s courts. State trials are appealed through that state’s courts. The U.S. Supreme Court gets involved when there is a question of Constitutional law. The U.S. Supreme Court gets involved when there is a question of Constitutional law. Less than 10% of all appeals result in acquittals. Less than 10% of all appeals result in acquittals.