e

This is not an exhaustive list of all concepts and terms for the first exam. Any information
from lectures or the book is fair game for the exam. Be sure to study your notes from class as
well as the readings. Please contact me with any questions at rkonkel@[Link].

Courts (General & Structure)

What are each of the steps a defendant may go through in the court process?
●​ Arrest: - initial stage where the police apprehend the defendant based on probable
cause.
●​ Bail: A hearing where the court determines whether the defendant can be released
before trial by posting a set amount of money.
●​ Arraignment: The defendant's first court appearance where they are formally informed
of the charges against them and enter a plea (guilty, not guilty, or no contest).
●​ Preliminary Hearing: A hearing where the prosecution presents evidence to establish if
there is enough probable cause to proceed to trial.
●​ Pre-trial Motions: Both sides can file motions to address legal issues before the trial,
such as suppressing evidence.
●​ Trial: evidence is presented, witnesses testify, and the jury deliberates to reach a verdict.
●​ Sentencing: If found guilty, the defendant is sentenced by the judge, which may include
jail time, fines, or probation.
●​ Appeal: The defendant can appeal the verdict to a higher court if they believe there
were legal errors made during the trial.
Important Points to Remember:
●​ Plea Bargaining: Before trial, the defendant may often negotiate a plea bargain with the
prosecution to plead guilty to lesser charges in exchange for a reduced sentence.
●​ Right to Counsel: A defendant has the right to legal representation, and if they cannot
afford an attorney, one will be appointed to them.
●​ Jury Selection: During a trial, the jury is chosen from a pool of potential jurors.

What are the levels of federal court systems? How/Why would a person move from one level
to another?

●​ District courts(lowest level)-trial courts at a federal level, does not handle appeals,
original jurisdiction over most cases.
●​ Court of appeal-strictly for appeals, no original jurisdiction.
●​ Supreme court(highest level)-appeals jurisdiction through the certiorari process
(reveiwing lower court’s decisions.), but have limited original jurisdiction

●​ People move from district to appeals for an appeal their sentence, and that moves from
appeals to supreme court if they raise issues of violations of federal rights.

What are the levels of the state court systems? How/Why would a person move from one level
to another?
 ●​ Municipal courts-limited jurisdiction, juryless courts that focus minor offenses, empasize
rehablilitative measures.
●​ Circut courts-general jurisdiction, trials have jury, handle small claims and minor
criminal offenses.
●​ Court of appeals-offers ability for people to appeal decisions in lower courts.
●​ Supreme court-dealing with cases of significant legal importance and ensuring uniformity
in the interpretation of the law.
●​ People move from court-to-court depending on the severity of the case or attempting an
appeal.

How does a case end up in the United States Supreme Court? What percentage of cases are
heard by the USSC?
●​ If a party files a petition asking to be seen by the supreme court, however they only see
less that 1% of cases. ​​ ​ (1-2% of the petitions filed)

What types of cases do federal courts hear?

●​ Cases regarding the constitution, federal laws, treaties, or when one party is a state.

What is the burden of proof?

●​ A party os obliged to give evidence to support their case.

Jury
How are the members of a jury selected? What are the possible challenges attorneys can use?
What are the purposes of juries?

●​ Jury pool (the people who are in the selection process) is compiled from voter
registration or driver’s license records to represent a cross-section of the community.
●​ selected through a process called "voir dire" where potential jurors are questioned by the
judge and attorneys to assess their suitability for the case, with both sides able to
challenge and remove jurors using "challenges for cause" (based on a specific reason
like bias) or "peremptory challenges" (without giving a reason, but with limitations) to
ultimately form an impartial jury;
●​ the purpose of a jury is to listen to evidence presented in court and decide the facts of a
case, rendering a verdict based on their interpretation of the law as explained by the
judge.
​
Challenges for cause:​
Attorneys can challenge a potential juror "for cause" if they believe the juror has a specific bias
or reason that would prevent them from fairly evaluating the case, and the judge must approve
this challenge.
Peremptory challenges:​
Each side is given a limited number of peremptory challenges, allowing them to remove a
potential juror without providing a reason.
What is the adversarial process, and what is its purpose?
●​ A system that requires two sides: defense and prosecution. Both toorganise evidence and
witnesses to prove a client guilty or not guilty.

Evidence
o What are the different categories of evidence? What are examples of each type of evidence
(e.g., circumstantial, direct, physical)?

Both circumstantial and direct evidence are valuable tools. Let's consider other types of
examples. An example of circumstantial evidence could be something like the proximity of the
defendant to a smoking gun. So we may conclude they pulled the trigger, but we don't really
have this as direct evidence. We have to make that assumption that they pulled the trigger
because they were close to it.

Direct evidence would be something like eyewitness testimony or videotape documentation of

the person actually pulling the trigger.

Legal evidence is categorized as either admissible (allowed) or inadmissible (not allowed),

and there are many different types of evidence that can be used in a case:
●​ Direct evidence: Evidence that can be used to prove that the defendant was at the scene
of the crime, committed the crime, or intended to commit the crime.
○​ eyewitness testimony directly stating they saw the crime occur.
○​ Security camera footage showing a suspect committing a crime.
○​ A defendant's confession.
●​ Circumstantial evidence: Evidence that is inferred from a set of circumstances related
to an event, rather than direct observation
○​ DNA found at a crime scene
○​ Fingerprints on a weapon
○​ A suspect's alibi being inconsistent with phone records
●​ Physical Evidence:
○​ A murder weapon
○​ Blood samples
○​ A stolen item recovered from a suspect
●​ Testimonial evidence: Spoken statements made by witnesses under oath in court
○​ Witness statements during a trial
○​ An interview with a victim
●​ Documentary evidence: Written evidence that supports claims made in court, such as
business records, financial statements, and medical reports
○​ A written contract
○​ Emails or text messages
○​ Financial records
●​ Admissible evidence: Relevant, credible proof that can be presented to the court and
jury
 ●​ Inadmissible evidence: Evidence that is not relevant, credible, or cannot be used in
court
●​ Digital evidence: Electronic communications, digital documents, multimedia files, and
other forms of data
●​ Demonstrative evidence: Visual aids like charts, maps, and crime scene layouts that
can show witness testimony
●​ Hearsay evidence: An out-of-court statement made by a relevant party that is usually
inadmissible in court
The main categories of evidence are typically categorized as direct evidence (directly proving a
fact), circumstantial evidence (indirectly implying a fact), physical evidence (tangible objects),
testimonial evidence (witness statements), and documentary evidence (written documents); with
examples including:

What is probative value?

●​ the degree to which a piece of evidence is likely to prove or disprove a specific fact in a
case, essentially measuring how useful the evidence is in establishing a particular
claim; it indicates the strength of evidence in proving something relevant to the legal
issue at hand.
Key points about probative value:
●​ Relevance is key: Evidence must be relevant to the case to have probative value.
●​ Balancing Act: Courts often need to weigh the probative value of evidence against
potential prejudice it might cause to the opposing party.
●​ High probative value: Evidence with high probative value is considered very useful in
proving a fact.
Example:
●​ If a defendant is accused of theft and a fingerprint is found on the stolen item that
matches the defendant's, this fingerprint would be considered evidence with high
probative value as it strongly suggests the defendant was present at the crime scene

What type of evidence would be considered to be the strongest?

●​ In most cases, direct evidence, which is firsthand observation or testimony that directly
proves a fact without requiring inference, is considered the strongest type of evidence.
Explanation:
​ Direct evidence examples: Eyewitness testimony describing exactly what they saw, a
video recording of an event, or a confession from the perpetrator.
​ Why it's considered strong:​
Direct evidence doesn't require interpretation or assumptions to be understood, making it
the most reliable form of proof.

Courtroom Work Group

Who are the different players, and what are each of their roles?
Judges - manages case schedules, coordinate with court staff, and maintain order and
proceedings.
• Role and Responsibilities
• Serve as neutral decision-makers and ensure fair trials.
• Interpret legal statutes and make final decisions to ensure impartial
justice.
• Act as negotiators in plea bargains and sentencing agreements.
• Oversee efficient courtroom administration.
• Influence legal practices and societal norms through rulings.
• Functions
• Sign warrants, set bail, hear pretrial motions, oversee trials, and
impose sentences.
• Have distinct roles in trial courts (e.g., determining probable cause)
and appellate courts (reviewing lower court decisions).
• Diversity Concerns
• Lack diversity, which can impact fairness and public trust.

Prosecutors
• Role and Responsibilities
• Represent the state in criminal cases, ensuring accountability under
the law.
• Decide on cases to pursue, often with discretionary power.
• Oversee legal proceedings and provide guidance to law enforcement.
• Functions
• Evaluate evidence, decide on charges, negotiate plea bargains, and
subpoena witnesses.
• Selection Process
• Federal prosecutors are appointed; local prosecutors may be elected
or appointed.

Defense Attorneys
• Role and Responsibilities
• Protect the rights of the accused, ensuring a fair trial.
• Represent clients at various stages of the legal process.
• Functions
• Prepare cases, file motions, select juries, and pursue appeals.
• Types
• Private defense attorneys, court-appointed attorneys, and public
defenders.
Other Courtroom Professionals
• Bailiffs: Maintain decorum and security in the courtroom.
• Court Reporters: Document trial proceedings verbatim, ensuring
records for appeals.
• Court Clerks: Manage official records, organize jury pools, and issue
subpoenas.
• Expert Witnesses: Provide specialized knowledge relevant to the case.
Non-Professional Participants
Jurors
• Decide guilt or innocence based on the presented evidence.
• Ensure trials are conducted fairly and impartially.
Lay Witnesses
• Provide testimony based on personal experiences or observations.
Victims
• Often participate as witnesses, facing challenges such as trauma and
fear.
Defendants
• Required to be present during their trial.
• Make decisions about legal representation and plea bargains.
Spectators and Press
• Have the right to attend trials, contributing to public transparency.

How do the different players interact with one another?

Attorneys:
o What are the different types of defense attorneys, and what problems do they face?
​ Public defenders​
These attorneys are paid by the government to represent clients who can't afford to hire their
own lawyer. They work for state and local government agencies.
​ Assigned counsel​
These are private criminal attorneys who are appointed by a court to represent defendants
who can't afford an attorney.
​ Juvenile defense lawyers​
These attorneys defend clients who are between the ages of 10 and 17. They often focus on
rehabilitative solutions instead of incarceration.
Defense attorneys face many challenges, including:
●​ Ethical obligations: They must adhere to high ethical standards and ensure fair
representation.
●​ Public perception: They must deal with the negative public perception of their
profession.
●​ Stress: They must manage job pressure and emotional stress.
●​ Time and resources: They must manage a balanced workload while dealing with limited
time and resources.
●​ Dealing with clients: They must deal with difficult clients.

o What is prosecutorial discretion? How much discretion do prosecutors have?

"Prosecutorial discretion" refers to the power a prosecutor has to decide whether or not to press
charges against someone, which charges to file, and how to pursue a case, essentially allowing
them to choose which cases to take to court based on their judgment of the evidence and
circumstances, giving them a significant amount of latitude in the criminal justice system; this
includes deciding to drop charges, negotiate plea bargains, or pursue a full trial depending on
the situation.
Key points about prosecutorial discretion:
Broad power:​
Prosecutors have a wide range of discretion, meaning they can make significant decisions about
how to handle a case based on factors beyond just the legal elements of the crime, such as the
defendant's criminal history, the severity of the offense, and the potential for rehabilitation.
Decision-making factors:​
When deciding whether to prosecute, prosecutors may consider factors like the strength of
evidence, the victim's wishes, community impact, potential for plea bargains, and resource
availability.
Not subject to easy review:​
While prosecutorial discretion is not unlimited, judicial review of a prosecutor's decisions to not
charge someone is generally limited.
Potential for abuse:​
The significant power of prosecutorial discretion can raise concerns about potential bias or
selective enforcement of laws.

o What situations do prosecutors use their discretion in? An what influences decisions?
Prosecutors use their discretion in many situations throughout the criminal justice process,
including:
●​ Charging decisions: Prosecutors decide whether to press charges, and which charges to
bring.
●​ Plea bargains: Prosecutors negotiate plea bargains with defendants.
●​ Guilty pleas: Prosecutors accept guilty pleas from defendants.
●​ Subpoenas and search warrants: Prosecutors issue subpoenas and search warrants.
●​ Interviews: Prosecutors conduct interviews.
Prosecutors' decisions are influenced by many factors, including:
●​ Evidence: The strength of the evidence against the defendant
●​ Defendant: The defendant's criminal history
●​ Victim: The victim's wishes and cooperation
●​ Resources: The prosecutor's office's resources and caseload
●​ Public interest: The prosecutor's concern for public safety and interest
●​ Severity: The severity of the crime
●​ Court: The court's docket size
Prosecutors should act with integrity and balanced judgment, pursuing appropriate charges and
exercising discretion when appropriate.

o What amendments and Supreme Court cases are related to attorneys?

The Sixth Amendment of the U.S. Constitution and several Supreme Court cases are related to
attorneys, including:
​ Gideon v. Wainwright (1963)​
The landmark case that established that states must provide counsel to anyone accused of a
crime who is too poor to hire a lawyer
​ Argersinger v. Hamlin (1972)​
Extended the right to counsel to any jailable offense
​ Scott v. Illinois (1979)​
Clarified that the right to counsel only applies to cases where a jail sentence is given
​ Alabama v. Shelton (2002)​
Affirmed that the right to counsel applies even for a suspended jail sentence
​ Strickland v. Washington (1984)​
Established a two-part test for determining whether an attorney provided effective assistance
to a criminal defendant
​ Bobby v. Van Hook (2009)​
The Court held that a convicted murderer's attorney was not ineffective based solely on the
ABA's 2003 guidelines
​ Christeson v. Roper​
The Court held that an attorney's conflict of interest with their client required the
appointment of conflict-free counsel
Other Supreme Court cases related to the Sixth Amendment include:
●​ Batson v. Kentucky
●​ J.E.B. v. Alabama
●​ Carey v. Musladin

Plea bargaining:
What is plea bargaining?
●​ A compromise between the defense attorney, defendant, and prosecution where the
defendant pleads guilty for a lighter sentence and more details on the crime.
Who does it involve?
●​ The defense attorney, defendant, and prosecutor.
How does it work?
●​ The defendant pleads guilty for a lighter sentence
Why is it necessary?
●​ So cases can be done with faster, to get more cases.
What are the advantages and disadvantages (and to who)?
●​ Advantages
○​ Caseload relief: Plea bargains can help reduce the number of cases that need to
go to trial. (benefits the justice system)
○​ Cost savings: Plea bargains can save the prosecution and defense time and money
on legal fees (benefits justice system)
○​ Reduced sentence: Defendants can receive a lighter sentence in exchange for a
guilty plea. (benefits defendant)
○​ Fewer charges: Defendants can negotiate for fewer or lesser charges. (benefits
defendant)
 ○​ Avoids trial: Defendants can avoid a lengthy and costly trial. (benefits
defendant)
○​ Certainty: Defendants can have a predictable outcome. (benefits defendant)
○​ Less stress: Defendants can avoid the emotional strain of a trial (benefits
defendant)
●​ Disadvantages
○​ Waives rights: Defendants waive their right to a trial by jury and sometimes their
right to an appeal. People aren’t getting their constitutional right of a trial
(disadvantage to defendant)
○​ Coercion: Defendants may feel pressured to accept a plea deal, even if they are
innocent. (disadvantage to defendant)
○​ Reduced accountability: Defendants may not face the full consequences of their
actions. (disadvantage to defendant)
○​ Criminal record: Defendants will have a criminal record. (disadvantage to
defendant)
○​ Abuse of power: Plea bargains can lead to abuse of power within the system.
(Disadvantage for the justice system)
○​ Lack of justice: Plea deals can create a lack of true justice for victims and their
families. (Disadvantage for the justice system)

Pretrial release:
What are the types of pretrial release options?
●​ Release on own recognizance (ROR): The defendant promises to appear in court and
follow the rules of their release. ROR is difficult to obtain and rarely given out.
●​ Cash bail: The defendant posts money to be released.
●​ Surety or property bonds: The defendant provides collateral, such as money or
property. If the defendant doesn't show up, the court may forfeit the collateral.
●​ Unsecured bond: The defendant doesn't need to make any up-front payments, but they
may be required to pay a fine if they don't show up for court.
●​ Pretrial services: Supervision programs that keep track of defendants while their case is
active. This may involve drug testing and check-ins.
●​ Residential alternatives: Group homes, shelters, and residential treatment centers.
Pretrial release decisions are based on risk assessments that consider factors such as the
defendant's likelihood of failing to appear, their ability to pay, and the possibility of committing
another offense while awaiting trial

What are advantages and disadvantages of release?

​ Advantages
●​ Preparing a defense: Pretrial release allows defendants to prepare their defense by
locating witnesses, reviewing documents, and preparing to testify.
●​ Maintaining responsibilities: Pretrial release allows defendants to maintain their
employment, housing, and family responsibilities.
●​ Reducing jail costs: Unnecessary detention before trial results in unnecessary jail
costs.
 ●​ Reducing the likelihood of a guilty plea: Pretrial detention can increase the
likelihood of a guilty plea and a longer prison sentence.
​ Disadvantages
●​ Risk of failure to appear: Releasing more defendants increases the risk of them
failing to appear in court.
●​ Risk of new offenses: Releasing more defendants increases the risk of them
committing new offenses.
●​ Pretrial misconduct: Pretrial misconduct can create additional costs for the justice
system.
Pretrial services programs can help improve the criminal justice system by providing
information about defendants and services to address their needs.

How do judges determine whether to grant release, what type of release to grant, and how much
to require for bail/bond amounts?

When deciding whether to grant release and setting bail amounts, judges primarily consider the
severity of the alleged crime, the defendant's criminal history, their ties to the community,
potential flight risk, and likelihood of re-offending, using these factors to determine the
appropriate type of release (like release on own recognizance or secured bond) and the
corresponding bail amount; essentially balancing the need to protect the community with the
defendant's right to a fair trial.

Key factors judges evaluate:

​ Severity of the crime:​
More serious charges typically result in higher bail amounts or stricter release conditions.
​ Criminal history:​
A history of prior convictions or failing to appear in court can lead to a judge denying
release or setting a higher bail amount.
​ Community ties:​
Strong ties to the community, like employment and family support, can increase the
likelihood of release on a lower bail.
​ Flight risk:​
If a judge believes the defendant is likely to flee the jurisdiction, they may set a higher bail
or deny release.
​ Potential to re-offend:​
The risk of the defendant committing further crimes while released can also influence the
bail decision.
Types of release a judge may grant:
​ Release on own recognizance (ROR):​
The defendant is released without posting bail, based on the promise to appear in court.
​ Unsecured bond:​
A bond where the defendant does not have to pay money upfront, but may be liable for the
full amount if they fail to appear in court.
​ Secured bond:​
Requires the defendant to post a specific amount of money as collateral to be released.
​ Supervised release:​
May include conditions like drug testing, curfews, or electronic monitoring.
Important points to remember:
Judicial discretion:​
Judges have significant discretion in deciding whether to grant release and setting bail amounts.
Right to a bail hearing:​
Defendants have the right to appear before a judge to argue for their release and the appropriate
bail amount.
Pretrial detention:​
In certain cases, judges may decide to detain a defendant before trial if they are considered a
significant flight risk or danger to the community

What amendments and Supreme Court cases are related to pretrial release?
· Information related to the Juvenile Justice: Courts in Session video.
The Eighth Amendment, the Fourteenth Amendment, and several Supreme Court cases are
related to pretrial release, including:
​ Eighth Amendment​
Prohibits excessive bail, fines, and cruel and unusual punishments. The Supreme Court has
interpreted this amendment to prohibit excessive bail without granting an absolute right to
bail.
​ Fourteenth Amendment​
The Due Process Clause of the Fourteenth Amendment requires that laws imposing pretrial
detention serve a compelling governmental interest.
​ United States v. Salerno​
This 1987 Supreme Court case interpreted the Eighth Amendment to prohibit excessive bail
without granting an absolute right to bail.
​ Press-Enterprise Co. v. Superior Court​
This 1986 Supreme Court case recognized the right of access to preliminary hearings in
criminal cases.
​ El Vocero de Puerto Rico v. Puerto Rico​
This 1993 Supreme Court case found that a rule requiring probable cause hearings to be
closed was irreconcilable with Press-Enterprise II.
​ Waller v. Georgia​
This 1984 Supreme Court case found that any closure of a suppression hearing over the
objections of the accused must meet the tests set out in Press-Enterprise.
​ Schall v. Martin​
This 1984 Supreme Court case upheld New York's scheme for preventive detention of
juvenile offenders
Sentencing
What are the different types of sentencing (mandatory, determinate, indeterminate, concurrent,
consecutive, etc.)? What are the goals and purposes for each? How are they different from one
another?

Types Goals and purposes Characteristics

mandatory mandatory sentencing ●​ Judges are not given discretion to tailor the
laws require offenders punishment based on individual
who are convicted of circumstances, again, ensuring a uniform
specific crimes to application.
serve a predetermined ●​ These laws are often applied to offenses
sentence without such as violent crimes, drug crimes, or
exception. crimes that, fall with under the 3 strict laws
that were adopted by 26 states.
●​ See example (and problems) below:

determinate A prison term that is ●​ this model emphasizes consistency,

determined by law and fairness, and the concept of deserved
states a specific period punishment for crimes.
of time to be served. ●​ offenders are sentenced to a fixed amount
of time determined by the severity of the
crime. For example, a conviction for
burglary might result in an automatic 5 year
sentence.
●​ This approach reduces disparities that
might arise from subjective decisions by
judges or parole boards, which creates a
more uniform system of justice.
●​ So determined sentencing, eliminates
discretion in the amount of time served and
ensures that all offenders convicted of the
same crime receive the same punishment.
●​ it arose out of this public dissatisfaction
with the perceived leniency and
indeterminate sentencing, and the early
release of offenders by parole boards.

indeterminate specifies a range of ●​ The idea behind this approach is to provide

time that the offender flexibility in sentencing and tailoring the
must serve before length of imprisonment for an offender's
parole can be granted progress towards rehabilitation.
(for example, a
sentence of “10 years
 to life” for first-degree ●​ So indeterminate sentences specify a
murder). minimum and a maximum term for
incarceration.
●​ The actual amount of time served depends
on several different factors, including the
offender's behavior while incarcerated and
their participation in rehabilitative
programs.
●​ The underlying belief in the indeterminate
sentencing is that the time needed for
treatment and rehabilitation can't be
predetermined. Sentences are designed to
be tailored to, to meet individual needs,
giving offenders an opportunity to
demonstrate progress and readiness for
reintegration back into society.

concurrent At the same time

consecutive One after the next is

done

Presumptive a balance between ●​ it shares some similarities with mandatory

consistency and sentencing,
flexibility. aims to ●​ it differs in a few key ways, primarily
create a more because it's developed and regulated by
transparent and sentencing commission rather than a
consistent framework legislature.
for sentencing, ●​ uses structured sentencing ranges.
ensuring fairness ●​ offenses are categorized and specific ranges
while also allowing are prescribed for each type of crime.
some flexibility for ●​ Judges are required to impose sentences
individual within these ranges unless there's
circumstances. exceptional circumstances, that are
presented within trial.
●​ may prevent judges from tailoring
sentences to specific circumstances leading
to outcomes that might not feel as equitable
in all cases​ ​ ​ ​
​

Voluntary or guidelines are not ●​ Judges are not required to adhere to these
Advising binding, allowing guidelines.
judges to use them as ●​ guidelines, aim to promote fairness and
a reference rather than consistency in sentencing, but also
 as a requirement. It's preserving judicial discretion and
not mandated. These flexibility.
guidelines serve as a ●​ By offering a framework, they reduce the
road map for likelihood of extreme disparities in
sentencing, offering sentencing without restricting judges
recommendations on abilities to tailor sentences to individual
how to sentence a cases.
wide array of offenses ●​ Some strengths: allows judges flexibility.
based on factors like ensuring that sentences are responsive to
the severity of the specific needs of each case.
crime and the ●​ Criticisms: disparities in sentencing can
offender's criminal still arise, particularly across jurisdictions
history. or in different regions or by different
judges.

** Example of mandatory sentencing: So for example, under California's 3 strike law,

offenders convicted of 3 felonies can face a sentence of 25 years to life even if that felony is a
less severe, offense than the prior ones. So the philosophy behind the 3 strikes laws is rooted in
incapacitation aiming to physically prevent repeat offenders from committing further crimes in
the community. However, some states allow judicial discretion based on the severity of the
events.

There are several problems, tied to mandatory sentencing.

1st are high costs. So enforcing mandatory sentencing, significantly increases incarceration
costs as people are serving longer sentences. This also has resulted in an aging prison population,
which we refer to as a graying of our prison population and requires higher spending on medical
care and resources for more elderly inmates. Full enforcement of these three strike laws, could
cost an estimated $5,500,000,000 annually averaging about $3300 per taxpayer. We also see
increases in court loads.

So defendants facing mandatory sentences, particularly those for a 3rd strike, are less likely to
accept plea deals knowing they have pretty much little to lose. So this can clog our court system
because more people are going to trial and it increases the burden on the judicial system because
of that because people aren't just pleading out and moving through the system more quickly.
Because mandatory sentences, have more people spending longer amounts of time in prison, this
can also contribute to the overcrowding crisis that we're seeing, which is really straining
correctional facilities as well as resources. Furthermore, some studies have suggested that crime
might be displaced to states without 3 strikes laws as offenders seek to avoid these harsher
penalties. And it can also be tied to a potential increase in homicide rates.

So offenders facing a third strike may become more desperate to avoid capture. And potentially
this can escalate the severity of their crimes, including homicides, to evade law enforcement or
witness testimony. Mandatory sentencing raises critical questions about justice and fairness,
especially when it results in disproportionately harsher penalties for less serious crimes.

The financial and logistical, challenges of these laws continue to provoke debate about their
overall effectiveness on public safety and the lack of taking a close eye to potential rehabilitation
efforts that could be used to, help with the reintegration and address root causes of offending.

Presentencing investigation reports

What are presentencing investigation reports? What do they entail? What is the purpose of a
PSI? Who is responsible for writing them?

Philosophies of punishment
Goals, pros/cons, and examples of each philosophies of punishment:
o Incapacitation - Incapacitation is removing the ability for somebody to offend either
through incarceration or through the death penalty. So we're removing that person from
society so they can no longer offend within society.

o Rehabilitation - This model represents a shift towards taking revenge on the criminal
perpetrator as a form of justice rather than attempting to address the root cause of their
behavior.

o Deterrence (general vs. specific)

specific- focuses on individuals who have already been convicted of a crime,
aiming to deter them from reoffending.

General- focuses on deterring the general population from committing crimes by

showcasing the consequences of criminal behavior.

o Retribution - asserts that criminal offenders deserve the punishment they receive, and
the penalty should align with the type and severity of the crime committed.

o Restorative - seeks to repair the harm caused by criminal behavior rather than
focusing solely on punishment. It emphasizes accountability, healing, and reintegration of
offenders into the community, aiming to restore the relationships among all parties
involved.

Death penalty: (lecture 10)

What types of execution are used today?
 ●​ lethal injection, gas chamber. electric chair.
●​ Not used anymore - hangings and firing squad (cheapest)

What types of crimes carry a potential death sentence?

●​ As of 2025, 24 states and the federal government maintained the death penalty for first
degree murder. 23 states in the District of Columbia have abolished capital punishment.
Three states have imposed governor issues, moratoriums, temporary halting all
executions. This patchwork approach reflects the varying perspectives on capital
punishment across the United States with some jurisdictions continuing to use it while
others have moved away from it entirely.

What are the arguments for and against the death penalty?

Support for the death penalty:

●​ 1st is an eye for an eye. So many people believe in the principle of retribution that this
punishment should fit the crime.
●​ The second is that, supporters argue that the death penalty can reduce prison
overcrowding, particularly for individuals who aren't likely to ever be released.
●​ The third is deterrence. So proponents claim the death penalty, can serve as a general
deterrent, sending a strong message to potential offenders, and some argue that it isn't
used enough to truly deter crime.
●​ Additionally, it's public safety. So executing offenders ensures they will never have the
chance to reoffend either in prison or in society.

Those who oppose the death penalty:

●​ The first the first oppositional argument that they make is often surrounding morality.
So they question, who are we to judge? So many argue that executing someone is
essentially committing the same act as taking a life.
●​ 2nd is a risk of executing innocent people. So So since 1973, a 140 people in 25 states
have been exonerated and freed from death row due to new evidence, including 28 cases
based on DNA evidence.
●​ 3rd is that studies have shown that the death penalty does not effectively deter crime,
possibly because it's not applied swiftly or certainly.
●​ Another argument is the arbitrariness and inequality across the death penalty. So access
to effective legal representation isn't equally available to all defendants leading to
disparities in sentencing.
●​ And this really ties into, the opposition, for the death penalty arguing about
discrimination. So statistics have revealed racial discrimination and capital punishment.
For example, between 1977 1988, 45 of the 98 executed prisoners were either black or
Hispanic, Latinx, and 84 of the 98 were convicted of killing white victims. So we see
these disparities not only in, terms of race and ethnicity of the individual, but also the
victim.
●​ Opposition also point to the high cost. So capital punishment is significantly more
expensive than life in prison. On average, it costs about $3,000,000 to execute somebody,
 and a lot of this is because of the legal fees attached with, the appeals. On the other hand,
it costs about 1,400,000 for life imprisonment on average. And this is largely, again, due
to the lengthy appeal process, that is mandated to go into effect, following a death penalty
sentence.
●​ Another argument is that human life is sacred. And so many impose the death penalty
on the grounds that human life is inherently valuable regardless of the crime, which is
sort of tied into this potential for redemption.

Who is most likely to be on death row?

●​ The demographics of those on death row reveal stark disparities. For example,
approximately 98% of those on death row are male, and when we consider race, we see
about 42% are white and about 42% are black, highlighting significant racial
disproportionality when compared to the general population. We also see about 11.3%
identify as Hispanic or Latinx. So these statistics underscore ongoing concerns about
racial and systemic biases in the application of the death penalty. In December of 2024,
president Joe Biden did commute the sentences of 37 out of 40 federal death row inmates
to life imprisonment without parole.

Amendments and Court cases regarding death penalty (lecture 10)

Amendments and Supreme Court cases regarding sentencing and the death penalty.

​ The Eighth Amendment, the Fifth Amendment, and the Fourteenth Amendment
have all been interpreted by the Supreme Court in cases related to sentencing and the
death penalty:
​
​ In 1987, Tyson versus Arizona was brought to the Supreme Supreme Court and
questioned whether a person can be sentenced to death if they didn't directly kill the
victim, but were an accessory to crime.
​
​ So the court upheld the death sentence for the Tyson brothers, who essentially had broke
their dad out of prison. They were escaping, and their dad killed somebody. The court
held that the Tyson brothers, showed a reckless disregard for human life and participated
in a crime that led to the murder so they could be sentenced to death. So this expanded
the scope of the death penalty to include accessories. So those who are engaging in
capital murder, cases.
​
​ In 1987, McCluskey and, Kemp questioned, did racial discrimination in the application
of the death penalty violate the 14th Amendment guarantee for due process? So while the
court acknowledged the finding of the Balda study, which showed racial biases in
sentencing, it ruled that general studies weren't, sufficient. Defendants instead have to
prove discrimination in their specific case in order to claim a violation against their 14th
amendment rights. So this ruling left racial disparities in capital punishment largely
unaddressed.
​
 ​ 2002, Ring versus Arizona questioned whether should judges or juries decide whether
aggravating factors exist in death penalty cases.
​
​ 2005, Roper v Simmons, questioned whether juveniles could be sentenced to death or
crimes committed under the age of 18. The court held that the death penalty for juveniles
violates the 8th amendment against corona neutral punishment. And this decision
removed juveniles from eligibility for capital punishment reflecting evolving standards of
decency, especially among, among juveniles.
​
​ Bez versus Reese in 2008. And here it was questioned, whether the use of lethal
injection, so the 3 drug cocktail, constituted, cruel and unusual punishment, which
shouldn't be allowed due to our 8th amendment rights. And the the Supreme Court ruled
that the lethal injection protocol is indeed constitutional and does not constitute cruel and
unusual punishment. And this decision affirmed the legality of legal lethal injection as a
primary method of execution in the United States. Collectively, these cases shape the
modern application of the death penalty, addressing concerns over fairness,
constitutionality, and human rights.
​
Eighth Amendment​
The Supreme Court has interpreted the Eighth Amendment as prohibiting cruel and unusual
punishment. Some cases that have addressed the Eighth Amendment include:
Fifth Amendment​
The Fifth Amendment requires that no one can be tried for a capital crime without an
indictment from a grand jury.
Fourteenth Amendment​
The Equal Protection Clause of the Fourteenth Amendment states that no state can deprive a
person of life without due process of law.

Speakers:
Be sure to review your notes from the guest speaker lecture.

Lecture on Georgia’s Accountability Courts

Introduction
• Presenter: Miss Meyer
• Focus: Georgia’s accountability courts and related criminal justice and
social work topics
• Interactive activity using Slido app to engage participants
Initial Activity
• Participants asked to share thoughts on:
• The word “addict”
• The words “mental illness”
• Whether people who commit crimes should always be incarcerated
• Purpose: Understand implicit biases and set the foundation for the
discussion
Criminal Justice Reform in Georgia
 • Background:
• Reform efforts typically seen as liberal
• Republican governor initiated reform due to mass incarceration and
high recidivism
• Focus of reforms:
• Reducing incarceration
• Improving public safety while holding offenders accountable
• Statewide effort to create structured alternatives to incarceration
Accountability Courts Overview
• Special court programs serving as alternatives to incarceration
• Target offenders with drug abuse, mental illness, and factors contributing
to criminal involvement
• Combination of court supervision and mandated treatment
• Programs are free for participants
• Typically last 12 months for misdemeanors, 18-24 months for felonies
• Statewide standards ensure uniform operation across courts
Types of Accountability Courts in Georgia
• Drug and Mental Health Courts
• Veterans Treatment Courts
• Focus on trauma, cognitive disabilities, and camaraderie among
veterans
• DUI Courts
• Family Treatment Courts
• Aim to reunify families where the state has custody of children
• Juvenile Drug and Mental Health Courts
Program Structure and Eligibility
• Not all charges are eligible
• Focus on offenders with substance use disorder or mental health issues
• Exclusionary criteria include violent crimes like murder and rape
• Criminal history considered
Accountability Court Team
• Composed of judges, prosecutors, defense attorneys, coordinators, case
managers, treatment providers, law enforcement, and probation officers
• Team works together to provide holistic support for participants
Core Components of the Program
• Supervision: Field surveillance by law enforcement, probation, and
regular court appearances
• Treatment: Evidence-based and personalized based on individual needs
• Case Management: Individualized treatment plans and support services
• Rewards and Sanctions: Incentives for progress and sanctions for noncompliance
Outcomes and Impact
• Reduction in spending on incarceration
• Lower recidivism rates for program graduates
• Participants gain employment, education, and stable housing
• Contribute to the community and taxes
Conclusion
• Accountability courts aim to stop the revolving door of crime by providing
treatment based on need
• Success measured through personal and community benefits