CJS/SOC 220 Courts and Judiciary

Administrative Give Quiz 6 Collect first set of case analyses Remember must be submitted electronically as well

Review How to evaluate law enforcement Issues of police corruption Issues of police and use of force

Today Courts in the past and present Courts in New York State Prosecutors Judges Defense Counsel Courtroom Work Group Key Ideas from Today’s Class

I. Courts in the Past and Present Role of attorneys Juries

II. Courts in New York State New York has one of the most complex judicial systems of any state Types of courts in all counties County Supreme Court County Court Family Court Surrogates Court New York has one of the most complex judicial systems of any state Has courts of general jurisdiction and limited jurisdiction Also has trial courts and appellate courts – courts that hear only appeals County Supreme Court Court of general jurisdiction Highest level of trial courts in New York State In most counties such courts are limited to high value civil cases (lawsuits), matrimonial cases and guardianship cases In some counties they divide this court into a civil part and a criminal part In such counties, the criminal part handles felony cases County Supreme Courts are courts of record, i.e. all open proceedings are transcribed by a court reporter Judges must be admitted attorneys and are elected justices for terms of 14 years County Court In most counties outside New York City these are the courts that hear felony cases These are also courts of record Judges are elected to 10 year terms and must be admitted attorneys in NY Family Court Hear all matters involving families and children Again courts of record, judges must be admitted attorneys and are elected for 10 year terms Surrogates Court Largely deals with matters of decedents, probate and wills, and sometimes adoptions Also courts of record and justices must be admitted attorneys and are elected for 10 year terms

III. Prosecutors Role of Prosecutors How are they chosen? How should they be chosen and why? Role of Prosecutors Play role at all stages often including investigation Probably the most important players in the system because of their influence at every stage In particular, deciding whether to indict and, if so, what charges to make Study by Fordham Professor John Pfaff indicates clearly that the growth of incarceration from the 1970s on is much less due to increases in sentencing mandated by legislative changes and increased arrests by police than it is due to growing tendency of prosecutors to charge felonies in situations where they earlier did not How are they chosen? Often elected Are there problems with this system How should they be chosen and why? Is there a better way?

IV. Judges Role of Judges How are they chosen? How should they be chosen and why? Role of Judges Different in jury trials and bench trials Often most key decisions are before trial with regard to evidentiary motions and this may be key role of judges Make sentencing decisions after convictions Supposed to supervise plea agreements How are they chosen? Elections versus appointments Strengths and weaknesses of each How should they be chosen and why? Are there other ways? Merit selections (panel of experts chooses list of three from which the appointment must be made)?

V. Defense Counsel Role of Defense Counsel How are they chosen? Onondaga County What are the problems in the way that defense attorneys are provided? Role of Defense Counsel To protect legal rights, not to get the defendant off People often get angry at people who defend those accused of heinous crimes? Why do attorneys defend such people? How are they chosen? Hire your own Some areas have offices of public defender Can be assigned pro bono In New York, the state has never provided defense, but has left it to the counties Onondaga County In Onondaga County in order to represent the indigent in misdemeanor cases you don’t need any criminal defense or trial experience, just a license and malpractice insurance Pressure to keep costs down is intense so competent attorneys seek to avoid such cases because payments are often held up for activities such as talking to clients or filing motions on their behalf There is no supervision of attorneys once assigned to cases and no limits on how many cases they can take In 2012 clients never got to talk to their attorneys outside of court in almost 1/3 of cases and more than 1600 people awaiting trial in jail waited over a month to see their attorney outside of court 98% misdemeanor cases the attorney spends less than an hour on investigation and legal research A private investigator was hired in only 50 out of 14,000 cases and an expert witness consulted in only 22 out of 14,000 cases In 2011 the County spent $28,161 on investigators in public defense cases while the District Attorney’s Office had about $1 million to spend All of this can result in costing the county more money when people who are innocent stay in jail for months or have extended costly court proceedings What are the problems in the way that defense attorneys are provided? Differences between the rich and the poor Myth of equal justice Is there a better way?

VI. The Courtroom Work Group What is the courtroom work group? Why is the concept important? What impact does it have on the criminal justice system? What is the courtroom work group? Mostly the judges, prosecutors and defense attorneys but also bailiffs, stenographers, and police Why is the concept important? Has significant impact on the operation of the criminal justice system What impact does it have on the criminal justice system? Has often frustrated attempts to change the criminal justice system (e.g. limits on plea bargaining) In many ways owe more loyalty to this group than to clients Affects particularly defense attorneys – if can’t get clients to plead out, may find prosecutors and judges unwilling to give their clients a break If prosecutors are too harsh, may find defense attorneys will discourage clients from taking pleas If judges don’t work well with attorneys, attorneys may take actions that clog the judge’s calendar or slow down the operation of the court

VII: Key Ideas from Today’s Class Importance of prosecutors in the criminal justice system Issues involved when prosecutors and judges are elected Importance of the courtroom work group Issues involved when prosecutors and judges are elected In general this is a bad idea and makes them more subject to political whims of electorate and less so to evidence of what works the best

Next Time Begin unit on prosecution and trials