1. Thermodynamics, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 1 The Fundamentals Of Engineering Thermodynamics Global Warming: Fact or Fiction? Unit #6

2. 2 Policing: Legal Aspects CJ101

3. 3 What’s Due This Week? This week (Unit), you will be completing the following assignments: The Unit #6 Discussion Board The Unit #6 Quiz The Unit #6 Live Seminar or the 300-word Alternate Essay Assignment

4. 4 CJ101 America’s Dual Court System The United States has courts on both the federal and state levels. This dual system reflects the state’s need to retain judicial autonomy separate from the federal government. Most criminal cases originate within state courts.

5. 5 CJ101 Jurisdiction The jurisdiction of a court refers to those cases in which it may exercise lawful authority  Determined by statute or constitution

6. 6 Herrera v. Collins Evidence of innocence is no reason for a federal court to order a new trial if constitutional grounds are lacking. “Where a defendant has been afforded a fair trial and convicted of the offense for which he was charged, the constitutional presumption of innocence disappears.”

7. 7 CJ101 Today’s Court System

8. 8 CJ101  Many differences among state courts.  Most use the three-tiered structure. - Trial courts of limited jurisdiction - Trial courts of general jurisdiction - Appellate courts  The court reform movement continues today, seeking to simplify and unify court structures. State Court System

9. 9 CJ101 State Court System  Where criminal cases “begin.”  Bail hearings  Arraignments  Enters pleas  Conducts trials  Sentences

10. 10 CJ101 State Court System Authorized to hear:  Misdemeanors  Family disputes  Traffic violations  Small claims

11. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 11 The U.S. Supreme Court extended the right of indigent offenders to have legal representation in any case where they could lose their liberty (including misdemeanor cases). Argersinger v. Hamlin (1972)

12. 12 CJ101 State Appellate Courts  39 states have intermediate and high-level appellate courts (courts of last resorts).  All states have supreme courts.

13. 13 CJ101 State Appellate Courts  Appeals are requests by a defendant to a higher court asking it to review the actions of a lower court.  Some cases (involving death penalty or life sentences) are automatically appealed.

14. 14 CJ101 State Appellate Courts  Most convictions are confirmed.  Some decisions are reversed and cases remanded.  Recourse may be to a state supreme court.  Generally, state supreme court is the court of last resort.

15. 15 CJ101 Federal Courts

16. 16 CJ101 Federal Courts Cases can be appealed to the U.S. Supreme Court if they are based on a claimed violation of the defendant’s rights as guaranteed under federal law or the U. S. Constitution.

17. 17 CJ101 Federal Courts Article III, Section 2  Federal courts have jurisdiction over cases arising under the Constitution, federal law, and treaties.  Federal courts settle disputes between states and have jurisdiction in cases where one of the parties is a state.

18. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 18 Crosby v. United States Prohibits the trial in absentia of a defendant who is not present at the beginning of trial.

19. 19 CJ101 Federal Courts Three Levels of Courts  U.S. Supreme Court  U.S. Courts of Appeals  U.S. District Courts

20. 20 CJ101 Federal Courts  There are 94 judicial districts  At least 1 district court per state  District courts in Puerto Rico, the District of Columbia, and other U.S. Territories

21. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 21 Imbler v. Pachtman A state prosecuting attorney who, as here, acted within the scope of his duties in initiating and pursuing a criminal prosecution and in presenting the State's case, is absolutely immune from a civil suit for damages under § 1983 for alleged deprivations of the accused's constitutional rights.

22. 22 CJ101 Federal Courts … the trial courts of the federal system …original jurisdiction over all cases involving alleged violations of federal statutes

23. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 23 U.S. Supreme Court established the right of indigent offenders to have legal counsel appointed for them in all federal cases. Johnson v. Zerbst (1938)

24. 24 CJ101 Federal Courts  There are 650 district court judges.  Appointed by the President and confirmed by the Senate  Serve for life  District court judges are assisted by magistrate judges, who:  Conduct arraignments  Set bail  Issue warrants  Try minor offenders

25. 25 CJ101 Federal Courts Keeney v. Tomaya-Reyes “A respondent is entitled to a federal evidentiary hearing [only] if he can show cause for his failure to develop the facts in the state court proceedings. “It is hardly a good use of scarce judicial resources to duplicate fact-finding in federal court merely because petitioner has negligently failed to take advantage of opportunities in state court proceedings.”

26. 26 CJ101 This is the number of Justices that sit on the U.S. Supreme Court Be sure to phrase your response in the form of a question!

27. 27 CJ101 What is “9” Be sure to phrase your response in the form of a question!

28. 28 CJ101  Eight Associate Justices  One Chief Justice

29. 29 CJ101  How do you become a U.S. Supreme Court Justice?

30. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 30 Maybury v. Madison The decision established the doctrine of judicial review, which recognizes the authority of courts to declare statutes unconstitutional.

31. 31 CJ101  Justices are nominated by the President, confirmed by the Senate, and serve for life.

32. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 32 Zafiro ET AL. v. United States Does not require severance as a matter of law when codefendants present “mutually exclusive defenses”.

33. 33 CJ101  Of 5,000 annual requests for review, only about 200 are heard.  Four justices must vote in favor of a hearing for a case to be heard.

34. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 34 The Court required that states provide defense counsel for those defendants who are unable to employ their own counsel and are charged with a capital offense. Powell v. Alabama (1932)

35. 35 CJ101  Usually the Court only reviews cases that involve a substantial federal question.  The Court issues a writ of certiorari to a lower court.  The Court reviews transcripts and hears brief oral arguments.

36. 36 CJ101 Supreme Court decisions are rarely unanimous. Types of opinions:  Majority—Justices agree in outcome and reasoning. This is the opinion of the court.  Concurring—Agree with outcome, but for different reasons.  Dissenting—Disagree with outcome.

37. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 37 Gideon v. Wainwright The right of an indigent defendant in a criminal trial to have the assistance of counsel is a fundamental right essential to a fair trial, and petitioner's trial and conviction without the assistance of counsel violated the Fourteenth Amendment.

38. The Courtroom Work Group: Professional Courtroom Actors 38 2009 Pearson Educatio n, Inc

39. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 39 Courtroom Participants Professional (Courtroom Work Group)  Judge  Prosecuting attorney  Defense attorney  Bailiff  Court reporter  Clerk of the court  Expert witnesses Non-Professional (Outsiders)  Lay witnesses  Jurors  Defendant  Victim  Spectators  Press

40. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 40 Primary duty  to ensure justice Responsibilities include:  Ruling on most matters of the law  Weighing objections  Deciding the admissibility of evidence  Sentencing offenders  Disciplining disorderly courtroom attendees  Deciding guilt or innocence (for bench trials) The Judge

41. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 41 The chief judge handles administrative responsibilities if there is no court administrator. The chief judge:  Hires staff  Ensures adequate training of new judges and staff  Generally manages court operations The Judge

42. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 42  Represents the accused  Participates in plea negotiations  Prepares a defense  Calls witnesses  Refutes case presented by prosecutor  Presents arguments at time of sentencing  Files appeals Defense Counsel

43. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 43 Three Major Categories of Defense Counsel 1. Private attorney (retained counsel)  Have their own legal practices or work for law firms  Fees can be high 2. Court-assigned counsel (assigned counsel)  Lawyers drawn from a roster of all practicing attorney  Fees are paid at a rate set by the government 3. Public defender  Relies on full-time salaried government staff

44. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 44 Criminal Defense of the Poor The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the effective assistance of counsel. Defendants who are unable to pay for private defense attorneys will receive adequate representation at all stages of criminal justice processing.

45. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 45 Criminal Defense of the Poor The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the effective assistance of counsel. Defendants who are unable to pay for private defense attorneys will receive adequate representation at all stages of criminal justice processing.

46. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 46 This case extended the right to appointed counsel for indigents in all felony cases. Gideon v. Wainwright (1963)

47. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 47 The U.S. Supreme Court extended the right to legal counsel for juveniles charged with a delinquent act. In re Gault (1967)

48. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 48 Defendants in state courts who are facing relatively minor charges must be provided with an attorney at government expense even when they face only the slightest chance of incarceration. Alabama v. Shelton (2002)

49. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 49 Criminal Defense of the Poor 1. Court-assigned counsel 2. Public defender 3. Contract attorney Three Types of Programs

50. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 50  Fee paid based on state rate (most widely used).  Fee is usually low, raising questions about the level of commitment of defense attorneys.  Roster of local attorneys who are willing to take cases under established fees. Court-Assigned Counsel

51. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 51  Uses full-time salaried attorneys.  28% of counties nationwide use this system exclusively.  64% of counties nationwide use public defenders as part of their system. Public Defender Program

52. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 52  Local attorneys are maintained on contract to handle all cases.  This is the least widely used form of indigent defense. Contract Attorneys

53. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 53  Charged with ensuring order in the courtroom  Announces judge’s entry  Calls witnesses  Maintains control over the defendant if person has not been released on bail  Maintains physical custody of and supervises jury during deliberations and sequestering Bailiff

54. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 54 Many states employ court administrators:  Facilitate the smooth running of courts in particular judicial districts  Provide uniform court management Local Court Administrators

55. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 55 The court reporter, also called the stenographer or court recorder, creates a written record of all court proceedings.  Transcripts are necessary for appeals Court Reporter

56. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 56 The duties of the clerk of court include:  Maintaining all records of criminal cases and verdicts  Preparing the jury pool and issuing jury summonses  Subpoenaing witnesses  Marking physical evidence for identification at trial  Swearing in witnesses Clerk of Court

57. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 57 Expert Witness Expert witnesses have special knowledge and skills in an established profession or technical area. Usually, this person is paid to testify. Unlike lay witnesses, they may express opinions and draw conclusions in their testimony.

58. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 58  Non-expert witnesses are called lay witnesses. They may be:  Eye witness  Character witness  Victim  Lay witnesses are subpoenaed to testify to that which they have direct knowledge of. Lay Witness

59. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 59 Article III of the U.S. Constitution  “trial of all crimes…shall be by jury”  States determine the number of jurors. Most use 12, plus 2 alternates.  Jury duty…a civic responsibility Jurors

60. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 60  Defendants have the right to have their cases heard before a jury of their peers.  Peer juries are those composed of a representative cross section of the community. Peer Juries

61. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 61  In 2005, the American Bar Association released a set of 19 principles intended to guide jury reform…to improve treatment of jurors and modernize the system. Jury Reform

62. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 62  Not all crimes have clearly identifiable or surviving victims.  Victims often face hardships as they participate in the court process. The Victim

63. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 63  Generally, they must be present at trial.  Defendants exercise choice in:  Selecting and retaining counsel  Planning a defense strategy with counsel  Deciding what information to provide counsel  Deciding what to plea  Deciding whether or not to testify  Determining whether or not to file an appeal The Defendant

64. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 64  May be present at trial; with more at higher-profile cases  The right of reporters to be there is supported by the Sixth Amendment’s requirement of a public trial.  Most courts allow cameras in the courtroom…for television coverage. Spectators and the Press