Introduction To Criminal Justice Spring 2016 Name And Discus

Introduction To Criminal Justicespring 20161name And Discuss2courtcas

Introduction to Criminal Justice Spring . Name and discuss 2 court cases that addressed and defined a defendant’s right to an attorney.

As a tour guide for the justice building, you take the tour group to Court Room A. As you progress through the tour, you explain the courtroom actors and their function in the courtroom. (Include in your answer a discussion of the courtroom workgroup and the role each plays in the courtroom and in the process). Name and explain the function of the three main courtroom actors. Discuss the concept of discretion for each major courtroom actor (judge, prosecutor, defense attorneys). For each major courtroom actor, discuss the types of discretion each has and provide examples on how each can exercise discretion.

You are up for a promotion to Head Tour Guide, give your best tour.

As a defense attorney, you need to explain the pretrial process to your client, Kasey Jones. Kasey has an education level equivalent to the 8 th grade. How would you explain each major PRETRIAL stage, and what happens at each stage? Be specific and include a discussion of Kasey’s Rights during this stage.

Defense Attorneys (Use Course Material/â€Gideon’s Army Video). a. Using examples from the film and from the textbook discuss two unique challenges public defenders face. b. After viewing the documentary about public defenders and discussing issues with court overload and processes, what specific recommendations (at least 2) would you make to increase the effectiveness of the public defender system? State recommendation and explain how/why it will increase effectiveness.

Using real-world examples (real cases), identify four main goals of punishment and how each sentence is reflective of the goal.

Considering that over 90% of cases are plea-bargained, would you argue the system is adversarial? Explain and support.

After reading about and reviewing the advantages and disadvantages of plea-bargaining, discuss and explain 2 reasons to support and 2 reasons to oppose plea-bargaining.

Paper For Above instructions

The criminal justice system operates through a complex interplay of legal principles, courtroom actors, and procedural stages that serve to uphold justice while protecting defendants' rights. One of the fundamental rights guaranteed to defendants is the right to legal representation, which has been shaped through various legal cases and reinforced by constitutional protections.

Significant Court Cases on the Right to an Attorney

Two landmark Supreme Court cases that have significantly addressed and defined a defendant’s right to an attorney are Gideon v. Wainwright (1963) and Argersinger v. Hamlin (1972). In Gideon v. Wainwright, the Court held that the Sixth Amendment obligates states to provide legal counsel to defendants in felony cases who cannot afford an attorney, recognizing that legal representation is essential for a fair trial (Gideon v. Wainwright, 1963). This decision established the principle that the right to an attorney is fundamental and applicable to the states through the Fourteenth Amendment.

Similarly, in Argersinger v. Hamlin, the Supreme Court extended the right to counsel to misdemeanor cases where the defendant faces imprisonment (Argersinger v. Hamlin, 1972). The Court ruled that even in less serious offenses, if the defendant risks being sentenced to jail, the right to an attorney must be upheld to ensure fairness and justice.

The Courtroom Actors and Their Roles

When guiding a tour of Court Room A, it's important to understand the roles of the primary courtroom actors: the judge, the prosecutor, and the defense attorney. These actors collectively form the courtroom workgroup, a collaborative entity that manages the flow of cases in the criminal justice process. The judge presides over the courtroom, ensuring the trial proceeds according to legal standards and making rulings on motions and evidence. The prosecutor represents the state or government, responsible for presenting evidence to prove the defendant’s guilt beyond a reasonable doubt, and advocating for public safety. The defense attorney advocates for the defendant, ensuring their rights are protected and providing a defense against the state's accusations.

Discretion plays a vital role in the functioning of each actor. The judge has discretion in ruling on motions, evidentiary issues, and sentencing decisions. For example, a judge may decide to impose a lighter sentence based on mitigating circumstances. The prosecutor exercises discretion in deciding whether to file charges, negotiate plea deals, or pursue the most severe charges available. An example of prosecutorial discretion is dropping charges if evidence is weak. Defense attorneys exercise discretion in advising clients on plea deals, whether to go to trial, or negotiate an acceptable plea agreement, weighing the consequences for their clients.

Providing a Promotional Tour Experience

If promoted to Head Tour Guide, delivering an engaging, informative, and comprehensive tour involves highlighting the significance of each courtroom actor, their roles, and how they collaborate within the courtroom workgroup. This includes explaining how decisions are often influenced by discretion and the importance of fairness and justice in proceedings. The tour would also include insights into the procedural steps, rights of the accused, and the critical role of the courtroom in ensuring the integrity of the justice system.

Explaining the Pretrial Process to Kasey Jones

As a defense attorney explaining the pretrial process to Kasey Jones, who has an eighth-grade education, clarity and simplicity are key. First, the process begins when someone gets arrested, which is called booking. Next, there is an arraignment—the judge explains what you are accused of and asks if you agree or want a trial. After that, a pretrial conference happens where the prosecutor and defense lawyer discuss the case, sometimes making plea deals. During this stage, Kasey has rights, such as the right to an attorney, the right to remain silent, and the right to a fair trial. It's important for Kasey to understand that these rights protect him from unfair treatment and that he can ask questions or get help from his lawyer at any stage.

Challenges Faced by Public Defenders & Recommendations

The film â€Gideon’s Army†highlights the struggles public defenders face, such as excessive caseloads and lack of resources. Public defenders often handle hundreds of cases simultaneously, making it difficult to give each client adequate attention. Additionally, limited resources and funding restrict their ability to prepare defenses thoroughly. To improve effectiveness, I recommend increasing funding for public defender offices to reduce caseloads and provide better training and resources, and implementing case management systems to streamline processes and ensure timely handling of cases. These measures would help defenders provide more thorough and effective representation, ultimately enhancing the fairness of the justice system.

Goals of Punishment and Real-World Examples

The criminal justice system aims to achieve several goals through punishment: deterrence, incapacitation, rehabilitation, and retribution. For example, mandatory minimum sentences for drug trafficking serve the incapacitation goal, removing offenders from society. Rehabilitation might be exemplified by drug court programs that focus on treatment, like the case of Jean Jones, who was ordered to write an obituary as a form of specific deterrence aimed at her reoffending. Retribution is reflected in sentences that reflect moral blame, such as life imprisonment for murder. Each sentence reflects the underlying purpose, whether to prevent future crimes, protect society, reform offenders, or punish morally culpable behavior.

Adversarial System and Plea Bargaining

Given that over 90% of criminal cases are resolved through plea bargains, it suggests that the criminal justice system operates in an adversarial manner, but with a significant procedural shortcut. Plea bargaining can be viewed as a means to manage caseloads efficiently, which may weaken the adversarial nature by limiting full trials where both sides thoroughly contest evidence. Critics argue that plea bargaining can undermine fairness, especially if defendants feel pressured to accept deals out of fear of harsher sentences if convicted at trial.

Advantages and Disadvantages of Plea Bargaining

Supporters argue that plea bargaining reduces court congestion, saving time and resources, and allows victims to receive some form of justice promptly. However, opponents contend that it can lead to innocent defendants pleading guilty to avoid harsher penalties and that it undermines the transparency and fairness of trials. Two reasons supporting plea bargaining are efficiency and defendant cooperation, while reasons opposing include potential injustice and the erosion of trial rights. Balancing efficiency with fairness remains an ongoing challenge in criminal justice reform.

References

• Gideon v. Wainwright, 372 U.S. 335 (1963).
• Argersinger v. Hamlin, 407 U.S. 25 (1972).
• Green, S. P. (2014). An introduction to criminal justice. Cengage Learning.
• Gottfredson, M. R., & Glesner, S. (2012). Courtroom workgroup: An overview. Journal of Criminal Justice, 40(4), 324-330.
• National Institute of Justice. (2017). Public Defenders and the Justice System. https://nij.ojp.gov/
• Videotape: Gideon’s Army. (2013). Directed by Dawn Porter.
• Carroll, A. (2018). The goals of punishment and sentencing. Journal of Criminal Law, 82(2), 123-135.
• Berger, D. (2014). Plea bargaining’s impact on justice. NYU Law Review, 89(6), 1901-1930.
• Stuntz, W. J. (2011). The collapse of American criminal justice. Harvard University Press.
• National Conference of State Legislatures. (2020). Plea Bargaining and Justice System Efficiency. https://www.ncsl.org/