Justices discuss the case in conference private Majority opinion Concurring

Justices discuss the case in conference private

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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)
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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
  • AliciaCrowther
  • Supreme Court of the United States, Appellate court

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