● Justices discuss the case in conference (private) ● Majority opinion ● Concurring opinions - separate opinions prepared by judges who support the decision of the majority of the court but who want to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made ● Dissenting opinions - separate opinions in which judges disagree with the conclusion reached by the majority of the court and expand on their own views about the case. It may be used as a basis for an argument to reverse the previous decision and establish a new precedent. Judges ● Pretrial - Negotiator ● During - Referee/teacher ● Administrative ● Prosecution: ● Public prosecutor - an individual, acting as a trial lawyer, who initiates and conducts cases in the government’s name and on behalf of the people ● Some consider the prosecutor to be the most dominant figure in the CJS ● Also referred to as a DA - district attorney ● Pretrial Decisions: ○ Whether or not an arrested individual will be charged ○ Level of charges brought ○ If and when to stop prosecuting ● Often answer to voters - partisan or nonpartisan elections ○ More likely to take a case to trial and less likely to allow a plea (North Carolina) ○ Overturned on appeal (New York)
○ May seek high profile cases to make a name for self Defense Attorney: ● Defense Attorney - lawyer representing the defendant ○ Investigate the incident for which the defendant was charged ○ Communicate w/ prosecutor in terms of evidence, witnesses, plea bargaining ○ Prepare case for trial ○ Submit defense motions ○ Represent defendant at trial ○ Negotiate a sentence, if convicted ○ Determine if an appeal should be sought Sixth Amendment: ● Private attorney hired by individual ● Public defender - court appointed attorneys who are paid by the state to represent defendants who are unable to to hire private counsel Pretrial Processes: ● Initial Appearance ○ Notified of charges ○ Explained rights ○ Attorney decision - public defender assigned ○ Misdemeanor - plead guilty/release ○ Felony- pleas not allowed ba ○ Bail Eighth amendment - excessive bail shall not be required ● Amount of bail must be reasonable compared with the seriousness of the show ● Preventative detention legislation allows 30+ states and the federal government to ● Gaining Pre-trial Release: ○ Release on recognition ○ Posting bail ○ Bail bond agents Establish Probable Cause: ● Preliminary hearing - initial hearing in which the magistrate decides whether there is probable cause to believe the defendant committed the charged crime ○ Preliminary hearing -> information ● Grand jury - prosecution presents their case to a group of citizens who must decide if probable cause exists ○ Grand jury - indictment ● Case attrition - reductions in the number of persons prosecuted who actually could have been prosecuted (prosecutorial discretion) ● Limited resources lead prosecutors to dismiss or “noll” a substantial
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- Spring '14
- Supreme Court of the United States, Appellate court