Criminal Justice System

• US Federal Court Structure:

  Federal District Courts

  US Court of Appeals

  Supreme Court
• US State Court Structure:

  Courts of Limited Jurisdiction

  Courts of General Jurisdiction

  Appellate Courts

  Court of Last Resort
• Problem Solving Courts:


  Drug courts

  Domestice violence courts

  Veteran treatment courts
• Court Criticisms:


  Overcrowded dockets

  Delayed trial

  Judicial activism
• Adversarial System: 


  2 sides "battle it out"

  judge is referee
• Inquisitorial System:


  All sides work together

  Extension of investigation
• Defense Attorney


  Role: negotiate best charges, non-judgemental

  Responsibility: protect defendants constitutional rights
• US Attorney General


  Role: represent US, advisor to president

  Current: Eric Holder
• Pre-Trial

  1. First Appearance
  2. Preliminary Hearing
  3. Indictment
  4. Arraignment
• Common Motions


  Motion to Suppress: stop evidence to get to court

  Motion to Limine: unsure evidence reaches standard

  Motion for Discovery: prosecution must give evidence to defense
• Pre-Trial Controversies:


  Plea Bargaining

  Speedy Trial

  Grand Jury

  Bail
• Jury Selection


  12 jurors

  Venir: list of possible people who could serve
• Opening Arguments


  Purpose

  Prosecution

  Defense
• Presentation of Evidence


  Prosecutor: examination of witness

  Defense: engages
• Closing Arguments


  summarize evidence and argument
• Judge's Charge to Jury

  instruct jury about law
• Jury Deliberation


  legal vs factual guilt
• Reading Verdict


  guilty vs innocent

  plea
• Sentencing


  jail v prison
• Vick, Cook, and Rogers Findings

  more likely to plead guilty when victim is female

  less likely to plead guilty is mistaken witness identification
• Retribution


  eye for an eye
• Deterrence


  Beccaria and Bentham

  Punishment certain, swift, and severe
• Rehabilitation


  Treat offender to make hem better
• Incapacitation


  Nothing works

  Us vs Them
• Restoration


  Bringing offender, victim, and community together
• Community Correction Goals


  Punish offender

  Protect community

  Reduce crime

  Prevent Overcrowding
• Types of Community Corrections:

  Probation: suspended prison sentence, community supervision

  Parole: served part of sentence, out early under supervision
• Probation Officer Role

  Investigation

  Risk Assessment and Classification

  Supervision
• Net Widening


  capture large population than what was intended
• Brutal Beginnings


  hangings, flogging, mutilations, branding
• Pennsylvania System


  believed prayer, contemplation, and labor would reform

  solitary confinement and in-cell labor
• Auburn System


  Based on fear of punishment and silent confinement

  Prisoners able to congregate but not talk
• John Irwin Prisoner Types

  Doing Time: still identify with outside world, just doing their time

  Gleaning: using prison to better their life

  Jailing: jail part of their life, cut off from outside world

  Disorganized criminal: weak, open to prison systems, impulsive
• Amendments

  5th: right to remain silent

  6th: right to speedy trial

  8th: no cruel and unusual punishemnt
• Rule of Law

  It exists because we allow it
• 1st Women Supreme Court Justice

  Sandra Day O'Connor
• Father of Probation

  John Agustus
• Jacob Wetterling Crimes Against Children Act

  Requires convicted sex offenders to register with local law enforcement
• Megan's Law


  Requires community to be notified about convicted sex offender in the community
• Adam Walsh Protection Act


  Requires courts to classify offender based on dangerousness