Download Read Me First (CJ Specific)

Read Me First
CJA/204 Version 3
Week Three Read Me First
CRIMINAL COURTS
Introduction
This week focuses on the criminal court system. Courts are typically limited in geographical
jurisdiction and in the cases that they can hear. The United States has a dual court system in
which the courts closely resemble and complement one another. The courts also have what is
known as a courtroom work group that consists of the judge, prosecutor, defense attorney, baliff,
clerk, and court reporters. The roles of the courtroom workgroup will be discussed at length this
week.
This Week in Relation to the Course
This week, you explore what happens after arrest. All offenders must go through a series of steps
following arrest and detention. This process involves the court system and a number of players
who have an integral role in the criminal justice system, such as mental health workers, probation
officers, jurors, and so on. The defense attorney, prosecutor, and judge are three of the most
important positions involved in this process.
The roles of the prosecutor, defense attorney, judge, and other members of the court are
examined. You learn about the options that judges consider when determining punishment. You
also explore the premise of determinate and indeterminate sentencing and how it affects the
actions of the court.
The differences between the federal and the state courts and between adult and juvenile court
systems are another important aspect of this week. You discuss the various steps during the
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 counsel, and the right to know the charges. How do these rights factor into how
the accused is treated? The accused has a right against excessive bail. Those with the ability to
post bail are often released from custody until they are required to appear for trial. How does this
practice appear to be unfavorable to those who cannot afford bail? Consider the requirement of
equal treatment under the law. Think of the challenges that the system has when trying to
balance the rights of the accused with the concerns of protecting society.
Review the following key terms and consider their meaning as you read the chapters:







Appeal
Prosecutor
Public defender
Judge
Sentencing
Capital punishment
Diversion
Practical Applications and Questions
Consider the following questions as you learn about criminal courts:
1
Read Me First
CJA/204 Version 3











What is jurisdiction?
What is the difference between trial and appellate courts?
Who are the members of the courtroom work group?
What are the steps in the criminal jury trial?
What is the difference between testimony and real evidence?
What are the steps in an appeal?
What are the basic philosophical reasons for sentencing criminals?
What are the forms of punishment?
What are the main issues of the death penalty discussion?
What is the most often used test for insanity? How does it differ from other tests?
Under what circumstances is the use of deadly force a justified criminal defense?
How Tools, Readings, and Simulations Help Solidify Concepts
This week, the readings and CJi Interactive activities focus on the roles and responsibilities of the
courtroom workgroup. In addition, you learn about the realities of the courtroom in terms of the
backlog of cases and whether there is equality for all people. The simulation illustrates the
criminal justice funnel and how that affects the court system.
Summary
Jurisdiction relates to the power of a court to hear a particular case. In the United States, there
are a vast number of jurisdictions and a dual court system. Once a person is taken into custody
and charged with a crime, the pretrial process begins. If the courts find that there is probable
cause, the case then goes to the courts for trial or the prosecutor can decide to plea bargain.
After a case is adjudicated, the sentencing and punishment phase is initiated. The ultimate
sanction, the topic of much debate, is the death penalty.
2