Court Procedure

1. CourtProcedure

2. Dual Court System of the United States

3. United States Supreme Court • Circuit Courts of Appeals • District Courts

4. 7-3:The Thirteen United States Circuits

5. State Court System

6. State Court System Calif. Supreme Court • District Courts of Appeal • County Superior Court

7. United States Supreme Court The Court of Last Resort

8. United States Supreme Court • Rule of Four • Writ of Certiorari • Writ of Habeas Corpus

9. 7-4: Funneling Effect

10. Dual Court System of the United States U.S Supreme Court State Supreme Court District Courts of Appeal U.S. Courts of Appeal Superior Courts Federal Court System State Court System U.S. District Courts

11. Key Actors in the Court Process Defense Attorney Judge Prosecutor

12. Powers of the Prosecutor • Conduct final screening of case • Decide if and what to charge person of crime

13. Powers of the Prosecutor • Decide whether to prosecute or not • if decide to prosecute, they determine what the charge will be

14. Powers of the Prosecutor • No prosecution decision is nolle prosequi, or nol. pros.

15. Why Prosecutors don’t Charge

16. Why Prosecutors don’t Charge

17. Nolle Prosequi • Offense did not cause sufficient harm • Statutory punishment for a crime is too harsh for a particular offender

18. Nolle Prosequi • Criminal charge made for the wrong reasons • Law is regularly violated with impunity

19. Nolle Prosequi • Victim may refuse to testify • Humanitarian considerations for victim or offender

20. Nolle Prosequi Accused person cooperates in the apprehension and/or conviction of other criminals

21. Nolle Prosequi Accused is wanted for prosecution of a more serious crime in another jurisdiction

22. Nolle Prosequi May be more cost effective to simply have the parole revoked and return offender to prison

23. Defense Attorneys Accused has the right to “the assistance of counsel for his defense”

24. Defendant’s defense options • Privately retained counsel • Court-appointed attorney

25. Defendant’s defense options • Public Defender • Court Contract lawyer (Alternate Public Defender)

26. Three Types of Defendant Pleas • Guilty • Not Guilty • Nolo Contendere - no contest

27. Responsibilities of Judges

28. Responsibilities • Determining Probable Cause • Sign Warrants

29. Responsibilities • Informing suspects of their rights

30. Responsibilities • Setting and revoking bail • Arraigning defendants

31. Responsibilities • Accepting guilty pleas • Managing courtroom and staff

32. Responsibilities • Ensuring a jury has a chance to reach a verdict on evidence presented

33. Responsibilities • Instructing jury on the law • Imposing sentences

34. BOOKING

35. 7-5: Typical Outcome of 100 Hypothetical Arrests Brought by the Police for Prosecution

36. Formal Charges

37. Formal Charges

38. Initial Appearance in Court

39. Preliminary Hearing (felony)

40. Preliminary Hearing (felony)

41. Preliminary Hearing (felony)

42. Grand Jury Indictment

43. Prosecutor’s Information

44. Formal Arraignment Case # 98001

45. Plea Bargaining

46. Plea Bargaining

47. Trial

48. Trial

49. Trial

50. SENTENCING