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

2. Administrative Give quiz 7 Return quiz 6 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

3. Review Courts in the past Role of Prosecutors Role of Judges
Role of Defense Counsel
Impact of the Courtroom Work Group

4. Today Right to Counsel Effective Counsel
Providing Counsel to Those Who Need It

5. 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.

6. I. Right to Counsel How was this interpreted before 1930? 1931-1963
Gideon v. Wainright (1963)

7. II. Effective Counsel McMann v. Richardson (1970)
Strickland v. Washington (1984)
Glover v. United States (2001)
Yarborough v. Gentry (2003)

8. II. Effective Counsel Padilla v. Kentucky (2010)
Lafler v. Cooper and Missouri v. Fry (2012)
Implications

9. 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

10. 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?
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?

11. Next Time
Continue on Courts and Trials

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

13. Administrative
Return quiz 7 at the end of class

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

15. Today
Bail
Diversion Programs
Plea Bargaining
Alternatives

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

17. I. Bail
Bail System Abuses
The Baltimore Case

18. 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?

19. III. Plea Bargaining
What is plea bargaining?
How widely is it used?

20. 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?

21. IV. Alternatives Impact of attempts to reduce plea bargaining
Pre-trial settlement conference

22. Next Time
Trials and Sentencing

23. Courts and Trials Class 3
CJS/SOC 220
Courts and Trials
Class 3

24. Administrative
Mid-term grades

25. Review Right to counsel Effective counsel
Providing attorneys for those who need them
Bail
Diversion programs
Plea bargains and their alternatives

26. Today Kenneth Pavel – Ineffective Counsel Accuracy and Rape Cases
Discovery and Exculpatory Evidence
Prosecution versus Defense
Race, Prosecution, and Sentencing

27. I. Kenneth Pavel – Ineffective Counsel
April 1989 arrest
The Trial
The Defense Attorney
The Outcome

28. II. Accuracy and Rape Cases
Rape one type of case especially subject to forensic evidence
The rape kit backlog
Mishandling of forensic evidence

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

30. III. Discovery and Exculpatory Evidence
Nature of discovery
What kinds of exculpatory evidence are often discovered?
Improper convictions

31. IV. Prosecution versus Defense
Advantages of the Prosecution
Disadvantages of the Prosecution
Advantages of the Defense
Disadvantages of the Defense

32. V. Race, Prosecution, and Sentencing
Remember most cases resolved by plea bargains
The Milwaukee Approach
Property Crime

33. V. Race, Prosecution and Sentencing
Decided to move to a public health model
Other non-traditional approaches in Milwaukee

34. Next Time
Continue with courts and trials

35. Courts and Trials Class 4
CJS/SOC 220
Courts and Trials
Class 4

36. Administrative Any questions about where we are or what we are doing?
Collect Case Analyses
Make sure you have sent me electronic version

37. Review Accuracy and Rape Cases Discovery and Exculpatory Evidence
Prosecution versus Defense

38. Today Nature of Criminal Punishment Goals of Punishment Sentencing
Alternative Sanctions
Death Penalty

39. I. Nature of Criminal Punishment
Must be against actual offenders being punished for a legal offense
Not all government consequences are criminal punishment

40. II. Goals of Punishment Retributive Punishment Utilitarian Punishment
Incapacitation
Mandatory Minimum Sentences

41. III. Sentencing
In most states, juries determine guilt and judges set sentences
Factors that affect sentences

42. III. Sentencing Appeal of sentences
How important is role of judges in determining penalties?

43. III. Sentencing Indeterminate Sentencing Determinate Sentencing
Voluntary Guidelines

44. III. Sentencing
Presumptive Sentencing
Mandatory Minimum Sentences

45. III. Sentencing
Three Strikes Sentencing
Jason Hernandez

46. IV. Alternative Sanctions
Boot Camps
House Arrest

47. IV. Alternative Sanctions
Community Service
Most states now have some form of drug courts

48. V. Death Penalty
Illinois
Trend away from capital punishment

49. V. Death Penalty
New York
Death Penalty and Discrimination

50. Next Time
We begin unit on history of correctional system