Courts, The Judiciary, Prosecution and Defense

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Courts, The Judiciary, Prosecution and Defense
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Courts

• What is the court process intended to do?

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Criminal Courts

• What is fairness?
• What is justice?

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VA Court System Overview

• General District Court
• Juvenile and Domestic Relations Court
• Circuit Court
• Court of Appeals
• Virginia Supreme Court

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VA Court System Overview

• General District Court

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VA Court System Overview

• Juvenile and Domestic Relations Court

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VA Court System Overview

• Circuit Court

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VA Court System Overview

• Court of Appeals

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VA Court System Overview

• Supreme Court of Virginia

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State Courts Generally

• State Court Jurisdiction

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Federal Courts Generally

• Federal District Courts

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Federal Courts Generally

• Federal Appellate Courts

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Federal Courts Generally

• U.S. Supreme Court

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Court Caseloads

• The U.S. Constitution specifies the right to a
  speedy trial.
• Does this occur?
• Is it fair to the accused if trial is not speedy?
• Is it fair to the public if criminals are able to
  manipulate court dockets to obtain delays?

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Court Caseloads

• Causes of Case Delays
• Pretrial motions
• Evidentiary delays
• Case ripeness
• Delays while clients earn defense attorney fees

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Judicial Influence

• Judges influence extends beyond court.
• Police
• Prosecutor
• Probation Departments

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Judicial Bias

• Types of Judicial Bias
• Race
• Gender
• Class
• Educational Level
• Military Background
• Religious Background

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Judicial Bias

• Examples of Judicial Bias
• Judge Guerry and Judge Ryan
• Two Judges held out re appointment
• Rape case Caught in the act
• Over 1000 admitted forcible rapes

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Judicial Bias

• Does the CJ System really want unbiased judges?

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Break

• Read assignments.
• Participate in class discussions.
• Review notes weekly.

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Prosecution and Defense

• Basic Principles
• Innocent until proven guilty
• Guilt beyond reasonable doubt

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Prosecution and Defense

• Prosecutorial Duty

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Prosecution and Defense

• Prosecutorial Bias
• Federal Prosecutors
• State Prosecutors

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Prosecution and Defense

• Prosecutorial Bias
• Federal Prosecutors and State Prosecutors

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Prosecution and Defense

• Prosecutorial Bias
• Examples
• Self-Serving Bias
• Honest Misguided Bias

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Prosecution and Defense

• Defense Duty

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Prosecution and Defense

• Defense Ethics
• Is it acceptable to cross-examine for the purpose
  of discrediting a witness who you know to be
  telling the truth?
• Is it acceptable to put a witness on the stand
  when you know he will commit perjury?
• Is it acceptable to give a client legal advice
  when you believe he will use it to commit
  perjury?

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Prosecution and Defense

• The Right to Counsel
• Should the public have to pay for counsel for
  indigent persons?
• Should the public have to pay for counsel for
  obviously guilty persons?

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Prosecution and Defense

• What is a Public Defender?

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Prosecution and Defense

• Defense Attorney Competence
• High paid top firms
• New attorneys fresh from law school
• Wide range of abilities and experience

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Prosecution and Defense

• What is competent representation?
• Reasonable Competence Standard

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Break

• Read assignments.
• Participate in class discussions.
• Review notes weekly.