Court Systems, Criminal Process, Sentencing and Corrections
Court Functions
4 functions of courts: Due process, crime control, rehabilitation, bureaucratic functions.
Jurisdiction
Jurisdiction: geographic, concurrent.
Court Structure
Trial courts – first level; hear evidence and issue verdicts.
Appellate courts – review rulings for legal error; no new evidence.
Dual court system – separate federal and state court systems with shared authority.
Supreme Court Jurisdiction
Jurisdiction of the Supreme Court – original (e.g., disputes between states, ambassadors), appellate (from lower courts).
Supreme Court Decisions
Supreme Court decisions:
- Plurality: most votes but not a majority.
- Concurring: agrees with the outcome but for different reasons.
- Dissenting: disagrees with the majority decision.
Courtroom Work Group
Courtroom work group – legal professionals who work together to process cases through cooperation: judge, prosecutor, defense attorney, clerk.
Adversary System
Adversary system – opposing parties present cases to a neutral judge or jury; attorneys actively represent each side.
Prosecutorial Rules
Brady Rule – prosecutors must disclose evidence favorable to the defense.
Prosecutors hold discretion: whether to charge, what charges to file, and whether to offer plea bargains.
Attorney-Client Privilege
Attorney-client privilege – protects lawyer-client communications; communications about future crimes are not protected.
Initial Appearance & Bail
Initial appearance: first court hearing after arrest; defendant is informed of charges, rights, and bail/release conditions.
Bail: security to ensure a defendant returns to court; allows temporary release.
Influences on bail: uncertainty, risk assessment, jail overcrowding.
Pretrial Motions
Pretrial motion: request to decide legal or procedural issues (for example, suppress evidence, dismiss charges, change venue).
Plea Bargaining and Overcharging
Plea bargaining: defendant pleads guilty in exchange for reduced charges or a reduced sentence.
Horizontal overcharging: filing many charges for one act.
Vertical overcharging: charging offenses more severe than warranted.
Right to a Speedy Trial and Limitations
Speedy trial: trial without unnecessary delay; not a fixed time in all circumstances.
Statute of limitations: maximum time to bring legal action after an offense.
Juries and Selection
Juries: right to a jury trial; juries typically have 6–12 members; all jurors must agree unanimously; a hung jury results if unanimity is not reached.
Jury duty excuse: personal, financial, medical, or legal requirements (for example, age, citizenship, etc.).
Voir Dire
Voir dire: jury selection questioning process. Jurors may be removed for cause (clear bias) or by peremptory challenge (without stating a reason), within constitutional limits.
Testimony and Evidence
Testimony: a witness’s sworn statement about facts in a case, given under oath.
Real evidence: physical objects related to the crime presented in court.
Testimonial evidence:
- Lay witness: observes and reports facts firsthand.
- Expert witness: provides specialized knowledge to interpret evidence.
Evidence: direct evidence proves a fact; indirect (circumstantial) evidence implies a fact.
Cross-examination: opposing attorney questions a witness to test credibility or to challenge testimony.
Defendant’s Case
Defendant’s case: the defense presents evidence to raise reasonable doubt.
Purpose of Sentencing
Purpose of sentencing: retribution, deterrence, incapacitation, rehabilitation.
Types of Sentencing
Indeterminate sentencing: prison term with a range; release based on rehabilitation, behavior, or parole decisions.
Determinate sentencing: fixed prison term with minimal parole flexibility.
Truth-in-sentencing: policies requiring that offenders serve most of the imposed prison term before release; early release may still occur for good behavior depending on the jurisdiction.
Sentencing Disparity and Reports
Sentencing disparity: different sentences for similar crimes or offenders due to judicial discretion or location.
Geographic disparities: different outcomes for similar crimes across locations or jurisdictions.
Presentence investigative report: report detailing a defendant’s history and sentencing recommendations.
Factors in sentencing: seriousness of the crime, mitigating circumstances, aggravating circumstances.
Capital Cases
Bifurcated process: separate trials for guilt and penalty in death penalty cases.
Mitigating circumstances preventing death penalty: insanity, intellectual disability, age.
Probation and Parole
Probation: community supervision instead of incarceration. Types include standard (routine supervision), punitive (penalty-focused), and treatment-oriented conditions.
Denial reasons for probation: serious crime, criminal history, public safety risk.
Revocation: probation cancelled due to rule violations; may result in incarceration.
Parole: early supervised release from prison; common conditions include regular reporting, employment, and no new crimes.
Parole contract: agreement specifying parole conditions and responsibilities.
Intermediate Sanctions and Alternatives
Intermediate sanctions: punishments between probation and prison (house arrest, fines, increased supervision).
Day reporting centers: offenders report daily for supervision and programs as an alternative to incarceration.
Intensive supervision probation: highly monitored probation with frequent check-ins and stricter conditions.
Shock incarceration: short, strict imprisonment intended to deter future crime and encourage reform.
Home confinement and electronic monitoring: offender serves a sentence at home with electronic supervision.
Levels of home monitoring: curfew; home detention (approved activities allowed); home incarceration (continuous confinement).
Historical Prison Systems
The Pennsylvania system: solitary confinement and individual labor intended to promote reflection and reform.
The New York system: inmates work together silently by day and are isolated by night; discipline-focused.
Congregate / Auburn system: daytime group labor with enforced silence; nighttime isolation.
PA vs NY systems: solitary with individual labor versus group labor with daytime silence and nighttime isolation.
Prison Types and Admissions
Prisons: supermax → maximum → medium → minimum security levels.
Front-end admissions: more people entering prison due to new convictions.
Back-end admissions: longer stays, repeat offenders, and limited parole leading to increased population.
Decarceration and Justice Reinvestment
Decarceration: reducing prison populations through alternatives like probation, parole, or early release.
Justice reinvestment: shifting prison funds to community programs, crime prevention, and rehabilitation.
Private Prisons and Jails
Private prisons: corporately run prisons under government contract. Pros: potential cost savings and efficiency. Cons: profit motive can conflict with safety and rehabilitation, and may incentivize higher incarceration rates.
Jail: local short-term facility for pretrial detainees or inmates sentenced to under one year.
Total Institutions and Prison Programs
Total institutions: places that control and regulate nearly all aspects of residents’ lives (prisons, mental hospitals, military boot camps).
Prison programs: vocational and educational programs, cognitive-behavioral therapy, and other rehabilitative services.
Inmate Experience and Discipline
Relative deprivation: feeling disadvantaged compared to others, which can lead to frustration or deviant behavior.
Inmate discipline policy goals: maintain order and safety, ensure rule compliance, and support rehabilitation.
Release and Reentry
Prison release: expiration release (sentence served), pardon, furlough (temporary release).
Prisoner reentry: reintegration of former inmates into society with support to prevent reoffending.