... 8. Which of the following is a NOT characteristic of defendants who are more likely to
remain in jail pending trial?
c) weak community ties
9. What does a grand jury determine?
a) whether there is probable cause that a crime has been committed
b) guilt or innocence
c) w ...
America`s Courts and the Criminal Justice System by David Neubauer
... • Three Systems
• Assigned counsel: attorneys appointed by the
judge on a case-by-case basis
• Contract systems: attorneys hired to provide
services for a specified dollar amount
• Public defender: a salaried public official
representing all indigent defendants
Dynamics Of Courthouse Justice
... Delays in Court
• Delay: abnormal or unacceptable time lapses in
the processing of cases.
• The American Bar Association (ABA)
recommends that all felony cases should reach
disposition within one year of filing.
• Court delay jeopardizes the 6th Amendment.
• Number of states have enacted speedy tri ...
Briefing Paper for House Judiciary (August 31, 2009).
... ever-evolving criminal justice sciences. These underfunded and poorly administered systems compromise
the ability of the lawyers employed by or under contract with those systems to meet their constitutional
and ethical obligations to their clients.
The states’ inability to provide necessary resource ...
Read Me First (CJ Specific)
... pretrial process, jury selection, and trial, as well as the process of plea bargaining and its value in
the criminal justice system.
Discussion of a Key Point, Thread, or Objective
While reading the assigned chapters, consider the rights of the accused, such as the right to a
speedy trial, legal cou ...
Chairman Finch and Committee on the Judiciary From
... Our federal courts use criminal asset forfeiture, but like civil asset forfeiture, assets are
similarly removed from the defendant before trial. They’re frozen as the court’s assumption
through probable cause suggests that one’s property must be ill-gotten gains.
Common law dictates that one is inno ...
9163.Bio - Pennsylvania Bar Institute
... litigation and criminal defense. He has represented plaintiffs in a broad range of civil rights
cases, including issues related to police misconduct, prisoners’ rights, homelessness, sexual
assault victims, student violence issues, race and gender discrimination, and First Amendment
violations. His ...
Rights of the Accused in Criminal Justice System
... • 6th Amendment: Criminal Court Procedures
– Impartial jury in district where crime occurred
• issues related to impartiality include
– pre-trial publicity
– jury selection process, e.g., use of peremptory challenges
based on race [Batson v KY, 1986 ] or gender [Georgia v
McCullom, 1992]; J.E.B. v ...
Washington and Lee University
... establishment of a guarantee to assistance of counsel. The lawmakers had offered little to no
opinion on the matter. In a way, though, this shouldn’t be surprising “due to the political
unpopularity of criminal defendants and their lack of financial and political capital.” 14 Before
the Supreme Cour ...
United States' Suppliment Proposed Jury Instructions
... It is perfectly proper for prosecutors and defense attorneys alike to prepare their witnesses in
preparation for trial. In fact, it would be irresponsible for a party to put on a witness without first
preparing the witness.
Caryl Communications Inc
... “Our ReLeSe program has some direct parallels with FSSNJ in that we are assisting exoffenders with legal matters. Time and time again, we have seen first-hand how
resolving an outstanding warrant affords a new lease on life. Very often, it paves the
way for driver’s license restoration and meaningfu ...
Gideon`s Ghost: Providing the Sixth Amendment Right to
... A. The Time for Change Had Come
In 1963, as civil rights leaders marched on Washington, the Supreme
Court announced one of its most far-reaching opinions. Gideon v. Wainwright" changed the landscape of the American justice system, announcing
that the Sixth Amendment right to counsel was a fundamenta ...
... assigned bond if they fail to appear – like credit
Signature bonds – written promise (for
misdemeanor offenses) no assessment for danger
14124 bytes - 10th Circuit Opinions
... of 31—his total offense level of 34, see United States Sentencing Guidelines (USSG) §
2D1.1 (c)(3), minus three levels for acceptance of responsibility, see USSG § 3E1.1
(a)-(b)—and his criminal history category yielded a guidelines sentencing range of
121-151 months. Defendant raised no objection ...
Hernandez 1 Valuing Gideon`s Gold: How Much Justice Can We
... http://www.txcourts.gov/tidc/pdf/RCPDOPlanningDocument93(April2011).pdf. The first public
defender (PD) offices representing adults were established in the 1980s. The Dallas County PD
office was created in 1983. A Review of Dallas County’s Indigent Defense System,
SPANGENBERG GRP. 4 (Aug. 2004), htt ...
01-casestudy1 - Cambridge University Press
... The relevant barrister was a Queens Counsel and was also prominent in the Jewish
community, a former president of Liberty Victoria (a civil rights organisation) and
well known for representing a variety of high-profile criminal accused including
Julian Knight (in his trial for the Hoddle Street mass ...
HOT TOPICS IN IMMIGRATION LAW
... The weight of prevailing professional norms supports the view that counsel
must advise her client regarding the deportation risk. And this Court has
recognized the importance to the client of “ ‘[p]reserving the . . . right to remain
in the United States’ ” and “preserving the possibility of ” discr ...
Powerpoint - Copyright of Dr Peter Jepson
... Legal Aid in Criminal Cases
Initial advice and assistance are
available to an individual who is held in
custody at a police station.
This will usually take the form of
... “actually imprisoned at the conclusion of the proceeding”
and that “actual incarceration” is a sine qua non of a Sixth
and Fourteenth Amendment right to assistance of counsel.
Fried Brief at 14. Thus, the brief argues, if any sentence of
incarceration is conditioned on future events, it is not a “lo ...
Capital Punishment on the 25th Anniversary of Furman v. Georgia
... white Americans find one reality while African Americans see
another." Yet when the criminal justice system decides whether an
African American will lose his life or freedom, the decision is
too often based only on the version of "reality" seen by white
A prosecutor's decision to seek the d ...
... consequences of such misconduct are minimal for the prosecutors involved, yet severe for
affected criminal defendants. One study revealed that state and local prosecutors have “bent or
broke[n] the rules to help put 32 innocent people in prison, some under death sentence, since
1970.”31 Likewise, as ...
Public defender (United States)
In the United States, a public defender is a lawyer appointed to represent people who cannot afford to hire an attorney. The 1963 US Supreme Court case Gideon v. Wainwright held that the Sixth Amendment's right to counsel provision requires the government to provide legal counsel to indigent defendants in criminal cases.Different jurisdictions, however, use different approaches in providing legal counsel for criminal defendants who can't afford private attorneys. Under the federal system and most common among the states is through a publicly funded public defender office. Typically, these offices function as an agency of the federal, state or local government and, as such, these attorneys are compensated as salaried government employees. This approach provides a substantial majority of the indigent criminal defense representation in the United States. An example of this model is the Public Defender Service for the District of Columbia.In addition to government-based offices, there are also a smaller but significant number of not-for-profit agencies, often referred to as a ""Defender Service"" or a ""Legal Aid Society"" that provide indigent criminal defense services. These entities tend to rely heavily on indirect sources, public funding, and charitable contributions to meet their operating costs. Notable not-for-profit public defense agencies in the U.S. include Gideon's Promise and The Bronx Defenders.