Police Discretion警察自由裁量权

Pre-Trial Decisions
Prosecutor must issue a criminal charge
Formal document, lays out facts of case, circumstances of arrest, penal code
Felony cases = bill of “indictment” or “information”
Hale Waihona Puke Celebrated cases may approach ideal of an adversarial process
Lower “layers” = administrative rather than adversarial
Judge, defense, and prosecutor have a shared understanding of what a case is “worth”
Who are the “players” in the judicial system?
Prosecutor Defense Attorneys Judges
The Prosecutor
Represents the state in criminal matters
Federal = Attorney general and U.S. attorneys
The “Going Rate”
Seriousness of offense Prior record of defendant Relationship between victim and defendant
Plea Bargaining
What is bargained?
The Structure of the Courts
State Courts
Layers of Trial Courts (Superior and inferior) Appellate courts Supreme court
Federal Courts
Trial courts Federal Appeals courts “District courts” The Supreme Court
May determine guilt in a bench trial
After trial or plea bargain
Responsible for determining sentence
Is the process really “adversarial?”
Sam Walker’s Wedding Cake
Benefits of Plea Bargaining
State
Prosecutor assured of guilt verdict Save the court time and cash More time for “serious cases”
Defendant
Avoid pre-trial detention No uncertainty in sentence May get more lenient sentence
Conflict of interest? The Devil’s Advocate
Low pay and conflict of interest = burnout
The Judge
During Trial
Rule on questions of procedure (how to question witnesses, rules of evidence)
represented by publicly funded attorneys
Role of the Defense
Represent their client in a vigorous, adversarial manner
Investigate incident, interview client/witnesses, represent client at all proceedings, negotiate plea with district attorney
Charge Sentence
Conservatives = loophole Liberals = perversion of the system Reality? Given the “going rate,” it is not
so much a “bargain” as administrative process
Rehabilitation Deterrence/Incapacitation Just Desert
Sentencing Structures
Indeterminate
Tied to rehabilitation Open ended
Determinate
Fixed
The Courts
“I know you’ve been sworn and I have read your complaints” Judge Wapner
The Judicial (Courts) System
PUROPOSE? 1. Formally charge 2. Pre-trial Detainment? 3. Determine guilt or innocence 4. Impose a sentence 5. Hear appeals
Case
The Trial
Jury Selection Trial Process
Opening statement Prosecutor Defense Closing argument Verdict Sentence
Purpose of Sentencing
Misdemeanors = criminal complaint
Pre-Trial Decisions
Arraignment
Judge makes sure defendant understands charge
Makes sure defendant has counsel Defendant enters plea
Reducing Sentencing Disparity
Sentencing guidelines
Grid (priors and seriousness)
Mandatory minimum sentences Three Strikes “Truth in Sentencing”
State = District or State attorney
Prosecutorial Discretion (400# Gorilla)
Whether or not to charge & specific charge Decision to drop case, or nolle prosequi May enter and end plea negotiations
Guilty No Contest Not Guilty
Decision regarding pre-trial detainment
Pretrial Detainment and Bail
Purpose of Pretrial Detainment
Original = risk of flight Preventative Detention = danger to society
Sentencing Disparity
When 2 people who commit similar crimes receive different sentences
Causes?
Plea bargaining Different type of case Different offenders (prior record) Sentencing judge (discretion)
The Courtroom Workgroup
Term coined by Malcolm Feeley
Judges, prosecutors and defense work together daily
Minimize conflict and develop informal procedures for dealing with cases
The Defense Attorney
Private Attorneys (Johnny Cochran) Sixth Amendment right to counsel
Attorney list system Contracting with law firm Public defenders system (large, urban) Roughly ¾ of state inmates were