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Phil 6 Notes - Number of attorneys per 100k in Germany 111...

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4/2/07 Number of attorneys per 100k in… Germany: 111 Japan: 11 USA: 281 California has more judges than any other nation . Out of every 100 felonies committed: - 33 are reported - 6 are actually caught/solved - 3 are prosecuted/convicted - 1 is sent to jail First appearance in court = arraignment. The defendant is told of their rights and the penalties for the crimes they are charged with. Next, bail is set. The defendant has the right to Demurer - Even if everything the DA says is true, it is not a crime. Next is the defendant’s plea. They simply say “Guilty” or “Not Guilty” in front of the judge. Nolo Contendece - Do not dispute charges. - Can’t be used in civil suit. 4/4/07 After the plea, the case gets set for trial. Three types of offenses: - Felonies – Call for state prison. - Misdemeanors – Up to a year in jail (no more). - Infractions – Don’t carry any jail (ticket only). There are a number of crimes that can be filed as either a felony or a misdemeanor. These are called “ wobblers .” Crimes that can be either a misdemeanor or infraction are called wobblets .”
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Case can either be a “court” (bench) trial , with only a judge, or a jury trial , where the jury decides the verdict. Defendant is entitled to a jury trial if he so insist. DA has the same right. Discovery – both attorneys try to figure out what “cards” the other side is holding. Started as a civil concept – now crucial in criminal cases. This helps the defense, as the state has nearly infinite resources for researchers and experts. - The DA has to give up any information they know, but is not required to disclose their strategy. A number of motions can be made prior to the trial starting: - To reveal the identity of the informant (i.e. drug cases). - Informants often do not want to be disclosed. - Sometimes they have to disclose, and sometimes they don’t. - To retest blood from a DUI case. - To test someone’s hair in a rape case. - Pitches Motion – if someone is charged with using force against an officer and resisting arrest, they can raise a motion to investigate the officer’s personnel record. - Only relevant information must be disclosed. Personal issues (officer getting divorced, own past crimes, etc.) are not relevant and are not disclosed. - To suppress certain evidence, often due to an unwarranted search by the police. Court now requires “Readiness and Settlement” (R&S) meetings between the DA and defense attorney. Once a case is set to go to trial, the jury must be picked. Next, the DA must make their opening statement, which summarizes the facts about to be presented, without presenting any sort of argument.
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