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

2. 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

3. 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

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

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?

11. 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?

12. 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

13. Next Time
Continue on Pre-trial activities

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

15. Administrative
Return quiz 8 at the end of class

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

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

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

19. I. Bail
Bail System Abuses
The Baltimore Case
California

20. 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?

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

22. 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?

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

24. 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

25. Next Time
Trials and Sentencing