Crime and Punishment Chapter 3

Legal Systems and Processes

• The United States operates under a dual court system, which includes federal and state courts.
• An adversarial process is utilized in the US, where each side's legal representatives advocate for their clients' best interests.
• The inquisitorial process is employed in most of the world, where judges play an active role in the proceedings.

Legal Terminology

• Jurisdiction refers to the territory or legal boundaries within which legal control can be exercised.
• Norm enforcement involves the implementation of societal rules and standards.
• Dispute processing encompasses suits related to contracts, money, property, and personal injury.

Judicial Roles and Appointments

• Judges serve three primary roles: adjudicator (mediator and enforcer of laws), negotiator (facilitator of sentencing and plea bargains), and administrator (manager of court operations).
• State judges can be appointed through gubernatorial appointments, legislative appointments, and nonpartisan elections.

Defense and Prosecutors

• A defense attorney represents the accused offenders, particularly those who are indigent (lacking resources for legal representation).
• Assigned Counsel are private attorneys appointed by the court to represent indigent defendants, funded by government.
• Public defenders are salaried attorneys representing indigent defendants within their jurisdiction.

Prosecutorial Functions

• Prosecuting attorneys represent the government, responsible for charging, trying, and recommending sentences for suspected crimes.
• Prosecutor’s bias indicates the potential for bias due to the dual role of seeking justice for victims while serving citizens.

Court Processes and Trials

• Each offense in an indictment is termed a count.
• Discovery involves the prosecutor's pre-trial disclosure of evidence to the defense.
• Nolle prosequi is a legal term indicating that specific charges will not be prosecuted.

Legal Cases and Pleas

• The accusatory process outlines the sequence from arrest to formal charges.
• Stantobello v. New York establishes the expectation for prosecutorial promises to defendants.
• Boykin v. Alabama mandates proving that guilty pleas are made voluntarily by defendants.

Sentencing and Legal Standards

• The variance in trial procedures includes bench trials (judge-led) and jury trials (citizen juries).
• Criminality is defined as an act that violates societal laws.
• Various psychological disorders (e.g., antisocial personality disorder, kleptomania) may influence criminal behavior.

Criminal Justice Goals

• The four main goals of the criminal justice system include retribution, deterrence, incapacitation, and rehabilitation.
• Restorative justice focuses on repairing damage done to victims and communities.

Types of Sentencing

• Sentencing can be indeterminate (set range), determinate (fixed term), or mandatory (minimum sentencings).
• Good conduct time allows for sentence reduction based on behavior while incarcerated.

Release Mechanisms

• Probation allows offenders to serve under supervision within the community, while preventative detention can occur for those who pose risks to others.
• Bail is monetary or property paid for release prior to trial, influenced by the offense's severity and flight risk.

Factors Affecting Bail

• Factors influencing bail decisions include the seriousness of the crime, the accused's prior record, and the likelihood of flight.

Verdict and Trial Process

• The trial process entails jury selection, opening statements, presentations from both prosecution and defense, rebuttal witnesses, closing arguments, and jury instructions leading to a verdict.