Understanding the Criminal Justice System CJUS 101 Chapter 8-A: Judges, Prosecutors, and Others at the Bar of Justice

1.The house that justice built - criminal / civil courts a. Judges - gatekeepers to jails / prisons - enormous power (1) Role of judges - arbiters - administrators - trier of law - trier of fact

(a) Arbitrate - rule on issues between attorneys - insure law is followed (b) Administrator - oversee functions of the court - supervise personal staff (c) Trier of law - insure legal procedures followed (d) Trier of fact - determine guilt / innocence

(2) Judicial service - elected or appointed (a) Washington state - elected - non-partisan (b) Unexpired terms - county party in power - submits 3 names - appointed by governor - practicing attorney

(c) Federal judges - nominated by president - confirmed by senate - appointed for life (good behavior) b. Prosecutors - government lawyers - city / county / state / federal - chief law enforcement authority (1) Functions - enforcing the laws

- represent government = matters of law (2) Prosecutorial discretion - to prosecute or not - what charges to file - plea bargain (a) Prosecution involvement - all levels (b) Case investigation to final release - present at parole hearing

c. Defense attorney / public defender - advocates for accused (1) Public defender - government lawyer - paid by government - unable to afford private counsel (2) Private attorneys - hired by client - court appointed - paid by government

d. Other participants (1) Bailiff - deputy sheriff / marshal / employee - provides security (2) Court clerk - maintains files / court calendar - insures coordination / presentation (3) Court reporter - takes down all said

- machine / recorder - prepares manuscripts (4) Witnesses - provide testimony / evidence - prosecution / defense - expert / lay witnesses (5) Jury - “motor voter” registration - 6 to 12 members - 2 or more alternates

(6) Defendant - individual charged - represented by defense counsel 2.Right to counsel - 6 th Amendment a. All have this right - imprisonment is a penalty - court will appoint - no means to pay - partial payment

b. Restrictions on 6 th Amendment (1) Pre-indictment lineup - no right of counsel to interfere - can observe (2) Booking process - counsel cannot be present - cannot interfere (3) Grand jury investigations - counsel not allowed

(4) Appeal beyond first review - counsel not guaranteed - no constitutional right c. Legal services for indigents (1) Public defender - government employee (2) ACLU (American Civil Liberty Union) - free representation - major cases of concern

(3) Pro Bono - volunteer legal services - paid through donations - volunteer some time (4) Court contract - private attorneys paid by government - represent offenders d. Plea bargain (1) Prosecutor

- determines concessions to offer - negotiates with defense counsel (2) Defense attorney - negotiates plea with prosecutor - informs client of plea status (3) Accused (client) - accepts / refuses plea bargain - decides to go to court or not (4) Judge

- approve / deny plea - prohibited at federal level (a) Advantages for accused - reduces pretrial detention - chance for reduced sentence - reduced legal costs (b) Advantages for state - reduced financial costs - reduces time consuming trials - more time = important cases

(c) Disadvantages - suspect = beat the system - shorter sentence - out on street sooner - victim reaction - innocent person pleads