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

Administrative Mid-term grades Dolphy Day!!!!!!!

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 Key Ideas from Today’s Class

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 rape kit backlog The case of Tuscon

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

II. Accuracy and Rape Cases The case of Steven Barnes 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

III. Discovery and Exculpatory Evidence The Case of Thomas Bianco The Crime and arrest The Trial Afterward

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

VI: Key Ideas from Today’s Class Rape cases often not investigated properly and often subject to faulty forensics Prosecution is obliged to turn over all relevant evidence to the defense, including exculpatory evidence Prosecution and defense not in parallel positions Clear evidence that African-Americans receive harsher punishments in plea bargains as well as trial verdicts

Next Time Continue with courts and trials

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

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 Key Ideas from Today’s Class

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

VI: Key Ideas from Today’s Class Goals of criminal punishment may be contradictory and punishment may be ineffective Research links sentencing to three irrelevant case processing factors as well as other irrelevant factors Prosecutors more important than judges in determining punishment Death penalty strongly related to race

Next Time We begin unit on community corrections