How do judges decide?
Explain why the threat of a potential “trial penalty” is essential to maintain a criminal court system reliant upon plea agreements. Is a system that induces the vast majority of defendants to give up their constitutional rights legitimate?
Discuss the appellate process from trial to the U.S. Supreme Court. Distinguish between direct appeals and habeas corpus proceedings or interlocutory appeals.
Do you believe in problem solving courts? Which do you believe are most likely to prove effective today and in the future? Are there any other specialized courts you would propose? Why?
In order to control the processing of criminal cases, details and duties of the courtroom work group rise through the aforementioned hierarchy. When a case goes to trial, there is a general order of operations in which each entity of the courtroom work group has a specific and important role. The attorneys will each present their arguments along with relevant pieces of evidence to the jury before the judge. The judge is strategically positioned in the courtroom to reflect the pinnacle of the hierarchy. Once the arguments have been presented, the attention gets turned toward the jury when they will be instructed on what is expected from them moving forward. The judge will explain the charges being levied against the defendant and the process for deliberation. The jury will exit the courtroom and enter another room to talk amongst themselves regarding their decision for each of the charges. The jury must collectively be able to defend their decision beyond a reasonable doubt. When the jury returns to the courtroom, the foreman whose job it is to speak on behalf of their fellow jurors will read each charge and give their verdict individually. This whole process can only be successful when each part of the courtroom work group is made clearly and explicitly aware of what is expected of them in their roles.
References
Spohn, C., Hemmens, C., & McCann, W. S. (2019). Courts: A text/reader. SAGE Publications, Inc.
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