Criminal Justice System Overview

Formal Screening

• Prosecutors make decisions to determine whether to pursue a case.

Arraignment

• After a grand jury or initial appearance determines sufficient evidence, the defendant is formally notified of the charges.
• The defendant enters a plea of guilty or not guilty.

Trial

• The prosecution presents their case, and the defendant can cross-examine witnesses.
• The defendant is not required to present evidence.

Sentencing

• The judge determines the sentence.

Appeals

• All defendants have the right to appeal.

Bail

• Bail may be denied if the judge believes the defendant poses a risk of flight or harm.
• If appearance is not a concern, and the defendant is not dangerous, they may be released on their own recognizance or required to post bail.

Recent Bail Reform Efforts

• Concerns about overcrowding and COVID-19 transmission led to reforms aimed at reducing pre-trial detention.
• Some jurisdictions eliminated bail for certain offenses (e.g., New York, New Jersey, California).

Grand Jury vs. Preliminary Hearing

• Both determine if enough evidence exists to charge a crime.
• Grand Jury: A group of citizens reviews the prosecutor's case and decides if there's sufficient evidence to bind the defendant over for trial. Serves as a check on government power.
• Preliminary Hearing: A judge determines probable cause to believe an offense was committed by the defendant. If established, the defendant is bound over for trial.

The Sixth Amendment

• Guarantees the right to legal assistance in criminal prosecutions.

Nolle Prosequi

• A prosecutor's formal declaration to abandon prosecution of a pending criminal charge.

Bail Agent

• A person or business that provides bail for arrested individuals awaiting trial.
• Charges a fee, typically a percentage of the bail, which is non-refundable.
• Guarantees the court that the defendant will appear for scheduled dates.

Criminal Justice Funnel

• Visual representation of how cases move through the criminal justice system (arrest, incarceration, conviction).

Preventive Detention

• Detaining a defendant before trial to prevent further criminal activity.

Nolo Contendere

• A plea where the defendant accepts punishment but doesn’t admit guilt.
• Often used to avoid civil liability.

Release on Recognizance (ROR)

• Allows a defendant’s release without bail, typically for minor offenses or traffic violations.

Impeachment

• The formal process of removing judges.

Case Attrition

• The loss of cases during various stages of the judicial process.

Landmark Supreme Court Cases on Right to Counsel

• Powell v. Alabama (1932): Established right to counsel in capital cases but not in non-capital cases unless the proceedings were fundamentally unfair.
• Johnson v. Zerbst (1938): All federal criminal defendants have the right to counsel, regardless of the case type.
• Betts v. Brady (1942): States not required to provide counsel to indigent defendants unless special circumstances existed.
• Gideon v. Wainwright (1963): Overturned Betts, requiring states to provide counsel for indigent defendants charged with felonies.
• Argersinger v. Hamlin (1972): No imprisonment for an offense unless the defendant is represented by counsel or knowingly and intelligently waives their right.
• Scott v. Illinois (1979): Defendant cannot be sentenced to jail without counsel unless they voluntarily waive their right.

Other Notable Cases

• Gerstein v. Pugh (1975): Defendants arrested and charged by information must have a timely preliminary hearing on probable cause.
• Brady v. Maryland (1965): Prosecutors can't conceal exculpatory evidence (evidence that could help the defendant).
• United States v. Salerno (1987): Bail can be denied altogether if the defendant is considered a threat to public safety.

Judicial Election Types

• Partisan Election: Judicial candidates are selected based on their political party affiliation.
• Nonpartisan Election: Candidates campaign without affiliation to a political party.