Courts and Trials Class 1 CJS/SOC 220 Courts and Trials Class 1

Administrative Give quiz 7 Return quiz 6 at end of class If you are interested in how courts deal with domestic violence or the impact of social media on criminal justice issues, see the optional readings

Review Courts in the past Role of Prosecutors Role of Judges Role of Defense Counsel Impact of the Courtroom Work Group

Today Right to Counsel Effective Counsel Providing Counsel to Those Who Need It

I. The Right to Counsel The 6th Amendment to the constitution In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.

I. Right to Counsel How was this interpreted before 1930? 1931-1963 Gideon v. Wainright (1963)

II. Effective Counsel McMann v. Richardson (1970) Strickland v. Washington (1984) Glover v. United States (2001) Yarborough v. Gentry (2003)

II. Effective Counsel Padilla v. Kentucky (2010) Lafler v. Cooper and Missouri v. Fry (2012) Implications

III. Providing Counsel for Those Who Need It Alternative ways to provide such counsel Public Defenders Office Pool of Attorneys doing their pro bono publico work Pool of Attorneys willing to take such cases for a stipend Attorneys assigned by judges Advantages and disadvantages of each approach

III. Providing Counsel for Those Who Need It What has been the practice in funding defense attorneys for those who need them? What are the uses of such funding in addition to paying attorney fees? How has this funding compared to the funding of prosecutorial offices? Why has this been the case and why has it been so hard to secure adequate funding?

Next Time Continue on Courts and Trials

Courts and Trials Class 2 CJS/SOC 220 Courts and Trials Class 2

Administrative Return quiz 7 at the end of class

Review Right to Counsel (and Effective Counsel) Practical Limitations on this Right

Today Bail Diversion Programs Plea Bargaining Alternatives

I. Bail What is bail and how does it work? Must the court grant bail? Alternative

I. Bail Bail System Abuses The Baltimore Case

II. Diversion Programs What are diversion programs? At what point in the criminal justice process are they used? Why are they used and under what circumstances?

III. Plea Bargaining What is plea bargaining? How widely is it used?

III. Plea Bargaining Why is it used? Why do prosecutors engage in it? Why do defendants engage in it? Issues with regard to plea bargaining?

IV. Alternatives Impact of attempts to reduce plea bargaining Pre-trial settlement conference

Next Time Trials and Sentencing

Courts and Trials Class 3 CJS/SOC 220 Courts and Trials Class 3

Administrative Mid-term grades

Review Right to counsel Effective counsel Providing attorneys for those who need them Bail Diversion programs Plea bargains and their alternatives

Today Kenneth Pavel – Ineffective Counsel Accuracy and Rape Cases Discovery and Exculpatory Evidence Prosecution versus Defense Race, Prosecution, and Sentencing

I. Kenneth Pavel – Ineffective Counsel April 1989 arrest The Trial The Defense Attorney The Outcome

II. Accuracy and Rape Cases Rape one type of case especially subject to forensic evidence The rape kit backlog Mishandling of forensic evidence

II. Accuracy and Rape Cases The case of Dan Lackey The Incident and Arrest The Trial Afterward

III. Discovery and Exculpatory Evidence Nature of discovery What kinds of exculpatory evidence are often discovered? Improper convictions

IV. Prosecution versus Defense Advantages of the Prosecution Disadvantages of the Prosecution Advantages of the Defense Disadvantages of the Defense

V. Race, Prosecution, and Sentencing Remember most cases resolved by plea bargains The Milwaukee Approach Property Crime

V. Race, Prosecution and Sentencing Decided to move to a public health model Other non-traditional approaches in Milwaukee

Next Time Continue with courts and trials

Courts and Trials Class 4 CJS/SOC 220 Courts and Trials Class 4

Administrative Any questions about where we are or what we are doing? Collect Case Analyses Make sure you have sent me electronic version

Review Accuracy and Rape Cases Discovery and Exculpatory Evidence Prosecution versus Defense

Today Nature of Criminal Punishment Goals of Punishment Sentencing Alternative Sanctions Death Penalty

I. Nature of Criminal Punishment Must be against actual offenders being punished for a legal offense Not all government consequences are criminal punishment

II. Goals of Punishment Retributive Punishment Utilitarian Punishment Incapacitation Mandatory Minimum Sentences

III. Sentencing In most states, juries determine guilt and judges set sentences Factors that affect sentences

III. Sentencing Appeal of sentences How important is role of judges in determining penalties?

III. Sentencing Indeterminate Sentencing Determinate Sentencing Voluntary Guidelines

III. Sentencing Presumptive Sentencing Mandatory Minimum Sentences

III. Sentencing Three Strikes Sentencing Jason Hernandez

IV. Alternative Sanctions Boot Camps House Arrest

IV. Alternative Sanctions Community Service Most states now have some form of drug courts

V. Death Penalty Illinois Trend away from capital punishment

V. Death Penalty New York Death Penalty and Discrimination

Next Time We begin unit on history of correctional system