Pretrial Activities Class 1 CJS/SOC 220 Pretrial Activities Class 1

Administrative Give quiz 8 Return quiz 7 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 Return first set of case analyses

Review Courts in the past Role of Prosecutors Role of Judges Role of Defense Counsel Impact of the Courtroom Work Group Article on Civil Forfeiture

Today Right to Counsel Effective Counsel Providing Counsel to Those Who Need It Key Ideas from Today’s Class

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?

III. Providing Counsel for Those Who Need It 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?

IV: Key Ideas from Today’s Class Until 1963, right to counsel in most cases meant only if you could afford it Since 1970, entitled to effective legal counsel Counsel has been held not ineffective even in many extraordinary circumstances Assigned defense counsel routinely underpaid and under-resourced

Next Time Continue on Pre-trial activities

Pretrial Activities Class 2 CJS/SOC 220 Pretrial Activities Class 2

Administrative Return quiz 8 at the end of class

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

Today Bail Diversion Programs Plea Bargaining Alternatives Key Ideas from Today’s Class

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

I. Bail Bail System Abuses The Baltimore Case California

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

V:Key Ideas from Today’s Class Bail system routinely abuses the rights of poor defendants Vast majority of cases resolved by a plea bargaining The notion that plea bargains result in unduly light punishments is not supported by evidence

Next Time Trials and Sentencing