1. CJS/SOC 220
Courts and Judiciary

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

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

4. 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

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

6. 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

7. 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?

8. 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)?

9. 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?

10. 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

11. 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

12. Next Time
Begin unit on prosecution and trials