Courts, The Judiciary, Prosecution and Defense. Courts What is the court process intended to do?

Courts, The Judiciary, Courts, The Judiciary, Prosecution and DefenseProsecution and Defense

CourtsCourts

What is the court process intended to do?

Criminal CourtsCriminal Courts

What is fairness?

What is justice?

VA Court System OverviewVA Court System Overview

• General District Court• Juvenile and Domestic Relations Court• Circuit Court• Court of Appeals• Virginia Supreme Court


• General District Court


• Juvenile and Domestic Relations Court


• Circuit Court


• Court of Appeals


• Supreme Court of Virginia

State Courts GenerallyState Courts Generally

• State Court Jurisdiction

Federal Courts GenerallyFederal Courts Generally

• Federal District Courts


• Federal Appellate Courts


• U.S. Supreme Court

Court CaseloadsCourt Caseloads

The U.S. Constitution specifies the right to a speedy trial.– Does this occur?

– Is it fair to the accused if trial is not speedy?

– Is it fair to the public if criminals are able to manipulate court dockets to obtain delays?

Court CaseloadsCourt Caseloads

Causes of Case Delays– Pretrial motions– Evidentiary delays– Case “ripeness”

Delays while clients earn defense attorney fees

Judicial InfluenceJudicial Influence

Judges influence extends beyond court.– Police

– Prosecutor

– Probation Departments

Judicial BiasJudicial Bias

Types of Judicial Bias– Race– Gender– Class– Educational Level– Military Background– Religious Background


Examples of Judicial Bias– Judge Guerry and Judge Ryan– Two Judges held out re: appointment– Rape case: Caught in the act– Over 1000 admitted forcible rapes


Does the CJ System really want unbiased judges?

BreakBreak

Read assignments.Participate in class discussions.Review notes weekly.

Prosecution and DefenseProsecution and Defense

Basic Principles– Innocent until proven guilty– Guilt beyond reasonable doubt


Prosecutorial Duty


Prosecutorial Bias– Federal Prosecutors

– State Prosecutors


Prosecutorial Bias– Federal Prosecutors and State Prosecutors


Prosecutorial Bias– Examples:

Self-Serving Bias:

Honest Misguided Bias:


Defense Duty


Defense Ethics– Is it acceptable to cross-examine for the purpose of

discrediting a witness who you know to be telling the truth?

– Is it acceptable to put a witness on the stand when you know he will commit perjury?

– Is it acceptable to give a client legal advice when you believe he will use it to commit perjury?


The Right to Counsel– Should the public have to pay for counsel for

indigent persons?

– Should the public have to pay for counsel for obviously guilty persons?


What is a Public Defender?


Defense Attorney Competence– High paid top firms– New attorneys fresh from law school– Wide range of abilities and experience


What is competent representation?– Reasonable Competence Standard

BreakBreak

Read assignments.Participate in class discussions.Review notes weekly.

Courts, The Judiciary, Prosecution and Defense. Courts What is the court process intended to do?

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