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Make sure you have read Chapters 7-9 and reviewed the power points. Answer the following questions:

1. Describe the adversarial system. How does our system of justice function in relation to the truth?

2. How do the courts influence policymaking? Do you think this influence should be lessened- why or why not?

3. Why do so many of the court systems in the US now employ court administrators? What is their function?

4. What is the purpose of the Model Code of Judicial conduct for judges? How does their conduct affect the administration of justice?

5. What is the exclusionary rule? Why do people favor keeping it and why do other people oppose it? What do you think?

I have attached the power points of chapter 7 & 8 . feel free to look them.

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Court Personnel Roles and Functions CHAPTER EIGHT Defining Judicial Administration  The day-to-day and long range activities of those persons who are responsible for the activities and functions of a court  Judicial selection  The method used to nominate, select, or elect and install judges into office is of extreme importance A variety of means is used (involving partisan elections, nonpartisan elections, merit selection, or appointment)  Merit A A selection (Missouri Bar Plan) nonpartisan method of selecting judges nominating commission provides names of qualified persons to the governor, who chooses one person to serve. FIGURE 8-1 Initial Selection Methods of State Judges Judges: Methods of Selection   Popular elections of judges: 1. can fail to encourage the ablest lawyers to seek judicial posts and discourage qualified persons who want to avoid the rigors of a campaign. 2. may provide an incentive for judges to decide cases in a popular manner. 3. involve a contest in which the electorate is likely to be uninformed about the merits of the candidates. To solve these problems, the aforementioned merit selection (Missouri Bar Plan) is recommended; 34 states and the District of Columbia use this merit system Judicial Benefits and Problems • • Judges who are new to the bench commonly face three general problems: 1. Mastering the breadth of law they must know and apply 2. Administering the court and the docket while supervising court staff 3. Coping with the psychological discomfort that accompanies the new position Most new trial judges experience psychological discomfort: ▪ 77% acknowledged having psychological problems Courtroom Civility and Judicial Misconduct  The Code of Judicial Conduct addresses judicial conduct:  requires judges to be "patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity" and requires judges to demand "similar conduct of lawyers, and of staff, court officials, and others subject to the judge's direction and control." Code of Conduct for State and Local Judges  Model Code of Judicial Conduct  Standards written by the ABA to assist judges in maintaining the highest standards of judicial and personal conduct  Judges are to avoid "sexual advances," requests for sexual favors, and other such unwelcome behavior. Judges' Use of Electronic Social Media Sites  A number of other states have attempted to address the question concerning judges' use of electronic social media (ESM) sites.  The ABA has also been moved to offer guidelines on the matter.  Judges must comply with relevant provisions of the Code of Judicial Conduct.  Judges should avoid any conduct that would undermine the judge's "independence, integrity, or impartiality, or create an appearance of impropriety."  Judges should assume that comments posted using ESM "may be disseminated to thousands of people." Judges as Court Managers  The Administrative Office of the U.S. Courts coordinates and administers the operations of the federal courts.  In the states, judges assume three types of administrative roles. 1. Statewide jurisdiction for state supreme court chief justices. 2. Local jurisdiction A trial judge is responsible for administering the operations of his or her individual court. 3. Presiding or chief judge  Supervising several courts within a judicial district Trained Court Administrators  A relatively new criminal justice position that began to develop earnest during the 1960s.  Since then, the number of practicing trial court administrators has increased tenfold.  By the 1980s, every state had a statewide court administrator.  The four primary functions of state court administrators are:  Preparing annual reports  Summarizing  Preparing caseload data budgets  Troubleshooting General Duties • Court administrators generally perform six kinds of duties: 1. Reports 2. Personnel administration 3. Research and evaluation 4. Equipment management 5. Preparation of the court budget 6. Training coordination Jury Administration  Court administrators ensure that a jury is properly composed and sustained prior to and during trials – for initial jury selection, sequestration, comfort, and notorious cases.  Other considerations include: security issues (protecting the jury from outside interference and providing for conjugal visits, room searches, transportation, and so on) as well as jurors' personal needs (such as entertainment and medical supplies).  Notorious cases: civil or criminal trials involving celebrities or particularly egregious crimes that require attention to jury selection and trial procedures; they can cause problems for judges and court administrators Current Issue in Cook County: Pre-trial detention and $$ bail  Why are so many people locked up in Cook County jail today?  Another example- one woman was held for 14 months when she couldn’t pay 10% of her $250,000 bail  What happens to the presumption of innocence?  Reform in 2017→ Judge Evans ordered his judges not to set bond higher than people can pay (if no threat to public safety) The System Responds  Tinkering with one part of the system leads to a ripple effect  Remember Sheriff Tom Dart? He is not happy about this  He has had to deal with staffing and resource cuts since the population in the jail has started to shrink  He publicly criticized the measure, citing “public safety concerns” about those who commit gun crimes being released  Dart is now detaining people to hold them for a review period and the jail population decline has stalled Discussion Questions  Can you think of other issues that could be reformed or resolved by implementing new/different policies or training at the judicial level?  Drug law disparities?  Under-prosecution of interpersonal violence crimes?  Nickel and diming of populations through repeated minor traffic stops (think about the Ferguson report)?  What kind of training should judicial administrators undergo?  What do you think is the best system for selecting judges (elections, merit)? COURT ORGANIZATION AND OPERATION Chapter Seven THE ROLE OF THE COURTS • To provide justice, or the appearance of justice→ legitimacy • To provide a fair hearing • To administer justice via the adversarial system→ two opposing sides present their arguments in court • Lawyers provide their clients with zealous representation • Plea bargaining is standard • Issues with racism and policing • Inequality of resources Dr. Christine Blasey Ford Justice Brett Kavanaugh A DUAL COURT SYSTEM •An organizational distinction between courts, with a federal court system and 50 individual state court systems •Federal Courts: •The U.S. Supreme Court ▪Composed of nine justices •One chief justice and eight associate justices •Nominated by the president and confirmed by the Senate; serve for life. ▪The Court hears cases that concern an issue of constitutional or legal importance, and where the party bringing the case has standing. ▪Court chooses the cases they will hear by rule of 4 SUPREME COURT DOCKET •Decisions are typically announced over the summer •Some recent notable cases (from the 2017 docket): • Trinity Lutheran v. Comer- a church-run pre-school was entitled to a state grant • Trump v. International Refugee Assistance Project- approved Trump travel ban 3.0 • Cooper v. Harris- struck down NC districting, calling it racial gerrymandering • Janus v. AFSCME- struck down IL Fair Share Laws (and all such laws) making the country right-to-work INTERMEDIATE COURTS OF APPEALS *ICAs exist in both the federal and state court systems that hear appeals, organizationally situated between the trial courts and the court of last resort *In most states, they hear both civil and criminal appeals. *Like their federal counterparts, state ICAs can use rotating three-judge panels. *ICAs engage primarily in error corrections; they review trials to make sure that the law was followed. U.S. DISTRICT COURTS *94 in number, of which 89 are located within the 50 states. *There is at least one district court in each state (some states have more, such as California, New York, and Texas, all of which have four). *The president nominates district judges, who must then be confirmed by the Senate; they serve for life unless removed for cause. *The U.S. district courts are the federal trial courts of original jurisdiction for all major violations of federal criminal law. JUDICIAL CONFERENCE OF THE UNITED STATES *The administrative policymaking organization of the federal judicial system *Its membership consists of the chief justice, the chief judges of each of the courts of appeals, one district judge from each circuit, and the chief judge of the Court of International Trade. *Administers the judiciary budget and makes recommendations to Congress concerning the creation of new judgeships, increase in judicial salaries, revising federal rules of procedure, and budgets for court operations *Plays a major role in the impeachment of federal judges. STATE COURTS OF LAST RESORT AND APPEAL Court of last resort  That court in a given state that has its highest and final appellate authority  Have limited original jurisdiction in dealing with matters such as disciplining lawyers and judges.  Policymaking role apparent in deciding death penalty cases—which, in most states, are automatically appealed to the state's highest court  The state supreme courts are also the ultimate review board for matters involving interpretation of state law. TRIAL COURTS *Courts of original jurisdiction (or "first instance") where evidence and testimony are first introduced and findings of fact and law are made *There are an estimated 2,000 major trial courts in the 50 states and Washington, D.C., staffed with more than 11,500 general-jurisdiction judges. *The most common names for these courts are district, circuit, and superior. *Each court has its own support staff consisting of a clerk of court, a sheriff, and others. *In most states, the trial courts of general jurisdiction are also grouped into judicial districts or circuits. ORG. STRUCTURE FOR A COUNTY DISTRICT COURT SERVING A POP. OF 300,000 LIMITED JURISDICTION: LOWER COURTS Inferior courts  The lowest level of state courts, normally trial courts of limited jurisdiction There are more than 13,500 trial courts of limited jurisdiction, with about 18,000 judicial officers. They constitute 85 percent of all judicial bodies in the United States. Variously called district, justice, justice of the peace, city, magistrate, or municipal courts, the lower courts decide a restricted range of cases. These courts are created and maintained by city or county governments. The workload of the lower courts can be divided into felony criminal cases, non-felony criminal cases, and civil cases. UNIFICATION, CONSOLIDATION, REFORM •Court unification ▪Reorganizing a trial court's structure, procedures, funding, and administration so streamline operations, better deploy personnel, and improve trial and appellate processes •To be truly centralized or consolidated, a state's court system should have at a minimum: 1. Consolidation into a single-tier trial court 2. Rule-making authority 3. Centralization of administration •Unification includes a centralized budgeting by the state judicial administrator THE INFLUENCE OF COURTS IN POLICYMAKING Policymaking  Establishing rules, principles, or guidelines to govern actions by ordinary citizens and persons in positions of authority  The U.S. Supreme Court has dramatically changed race relations, overhauled juvenile courts, increased the rights of the accused, prohibited prayer and segregation in public schools, legalized abortion, and allowed for desecration of the U.S. flag.  The nation's courts have had major impact in the prisons—from which nearly 60,000 prisoner petitions are filed each year in the U.S. district courts. THE INFLUENCE OF COURTS IN POLICYMAKING • Courts are also involved in public-interest litigation • While it may appear that the courts are too broad in their review of issues, judges "cannot impose their views until someone brings a case to court.“ • Thus it is said that the judiciary is the "least dangerous branch," having no enforcement powers. Erving Goffman The Presentation of Self In Everyday Life Erving Goffman ⚫ ⚫ ⚫ ⚫ ⚫ We are all actors within the Social World, a central theme from Goffman work. In a sense, we are call “Fakers” or engaged in a “Con Job” on ourselves to effect other people. Goffman argues that the self is simply nothing more than “Self Presentations” and “Role Performances.” Social life as a theatre, with social scripts, performances and actors & roles that perform in the Front and Back Regions of self. The concept of depicting social life as a Theatre, Goffman developed the term Dramaturgy. Dramaturgy ⚫ What is Dramaturgy ⚫ Dramaturgy is Impression Management Social interactions is like a stage, the self promotes scenery Moreover, that scenery is divided into two regions, the Front and Back Regions. ⚫ ⚫ Regions ⚫ ⚫ ⚫ By definition regions may be defined as any place that is bounded to some degree by barriers to perception When we talk about the Dramaturgical Approach to the Social World the self is divided by perception. The perception of the “Front Stage” and “Back Stage,” also known as the Front and Back Regions of Behavior Front Region ⚫ ⚫ ⚫ ⚫ This Refers to a place where the performance is given. In this regions the actor engages in, and performs his/hers role for the audience. While the Self is in the Front Region of behavior the performance of the individual embodies certain standards. Standards of the “Matters of Politeness” and “Decorum.” “Matters of Politeness” ⚫ Relates to the way in which the performer treats the audience while engaged in talk or gestural interactions. Decorum ⚫ ⚫ Refers to a set of behaviors that have to do with the way the performer conducts himself in the visual or audio range of the audience Decorum has two sub-groupings referred too as the “Moral” and the “Instrumental’ 1) Moral ⚫ Moral Requirements refers to rules regarding non-interference and non-molestation of others. Ex: Sexual Propriety, and rules regarding sacred places etc. 2) Instrumental Requirement ⚫ Refers to duties that are task oriented and secular Ex: An employer might demand his employees to care of property or engage in maintenance within work areas. Back Region Def: A back region or backstage may be defined as a place, relative to a given performance, where the impression fostered by the performance is knowingly contradicted. ⚫ This area is where the suppressed facts make an appearance. ⚫ Here the performer can relax; he can drop his front, relinquish speaking his lines, and step out of character. ⚫ It is here where illusions and impressions are openly constructed. ⚫ The back region is a place where the performer can reliably expect that no member of the audience will intrude. ⚫ The back region or back stage is kept closed from the audience, the entire region is meant to be kept hidden. Ex: Perfect examples of back stage regions are kitchens within restaurants, this area is not meant for customers to enter. ⚫ Transition ⚫ ⚫ ⚫ In between the Front and Back Region, there is a phenomenon called the “Zone of Transition” Goffman argues that this is one of the most interesting times to observe impression management At these in between moments one can detect a interesting putting on and taking off of character. However there is a Third Region ⚫ ⚫ Apart from Front and Back Stage there is a third region within the ideas of Dramaturgy. This Region is called “The Outside” “The Outside” The Outside region is a residual one, everything that is not covered in the Front or Back Regions are in “The Outside.” ⚫ Those individuals who are on “The Outside” of the social interactions we may call outsiders. ⚫ If we shift our considerations from the front or back region to the outside, we tend to shift our reference from one performance to another. ⚫ Discussion Question ⚫ If we take the Dramaturgical approach in an attempt to define “The Self” what would we conclude? And can we relate our conclusion with the ideas from Post Modernism? Impression Management ⚫ ⚫ Impression Management implies that there are attributes that are required of a performer in successfully staging a character. The Performer must Act with “Expressive Responsibility” Expressive Responsibility ⚫ Illustrates the idea that actors must consciously choose the manner in which they behave and interact with others ⚫ It is Imperative that the audience understand that a performer is “Acting” his part and that is does not necessarily reflect the dispositions an individual may hold privately. However, What happens when an actor makes a mistake and reveals true intentions of the performance? ⚫ ⚫ The Answer to the Question: Is that Unintentional Disruptions can occur. Unintentional Disruption are a source of embarrassment and dissonance for the performer, these disruptions are seperated into three catagories, unmeant Gestures, inopportune Intrusion and faux pas. Unmeant Gestures These are inadvertent acts that convey an impression that is inappropriate at the time. ⚫ The individual held responsible for contributing an unmeant gesture may chiefly discredit his own performance Ex: ⚫ Inopportune Intrusion This Occurs when an outsider accidentally enters a region in which a performance is being given or when a member of the audience inadvertently enters the backstage. Ex: An example of this, is when a student walk into the classroom while the professor is giving a lecture. We have Inopportune Intrusion (this coming from the outsider approach) Ex: Another example is when a customer runs into the kitchen of a restaurant where the chefs resides. We have another Inopportune Intrusion (from an audience approach) ⚫ Faux Pas ⚫ ⚫ Def: As Disruptions in projections of the self These facts may involve well-kept dark secrets or negatively-valued chacteristics that everyone can see but no one refers too. When such facts are introduced, embarrassment is the usual feeling Ex: An example is when Raphael Palmero was conducting an interview and a journalist bought up his use of anabolic steroids. ⚫ Gaffes & Boners ⚫ Are types of Faux Pas where a performer unthinkingly makes an intentional contribution which destroys his own team image Bricks ⚫ Here, a performer jeopardizes the image of self projected by the other team. Discussion Question ⚫ If we are nothing more than “Fakers” within the social world, and assuming impression management is how we navigate through social interactions, then one asks the question is society real? STRUCTURE OF A RESEARCH PAPER 1) Introduction (What problem were you investigating and why?) 2) Method (What procedures did you employ?) 3) Results (What did you find?) 4) Discussion (What do your findings mean? Where do we go from here?) 5) Summary or Abstract (A brief summary of points 1 through 4) - Goes first in report 6) References (An alphabetical list of books and articles cited in the report) 7) Appendix (Optional) (Copies of questionnaires, scales, or stimulus materials used in the research or tables of data too extensive or too peripheral to include in the body of the report) STRUCTURE OF A RESEARCH PAPER Introduction begins broadly "Humanity has long been thought of as basically evil" It becomes more specific "Aggression has been seen as innate; altruism, as learned" And more so "But studies of various animal species show that altruism often occurs And more so "Indeed, Brewer reports that worker ants often sacrifice their own lives in order Until ready to intro your own thesis Broadens out again "Clearly we need a more symmetric approach to anti- and prosocial behaviors And again "Humanity, then, can be viewed as both evil and good; both predestined and free; capable of great sin, but capable of great goodness as well PURPOSE OF A LITERATURE REVIEW Summarizes and evaluates existing knowledge on a topic Produces an opinion on the state of the literature→ this is your thesis The study question narrows down progressively *The information presented in these slides is adapted from The Literature Review, by Machi &McEvoy (2009) DEFINITION “A literature review is a written document that presents a logically argued case founded on a comprehensive understanding of the current state of knowledge about a topic of study. This case establishes a convincing thesis to answer the study’s question.”Machi & McEvoy, 2009 (p. 4) SEARCH THE LITERATURE Winnow info to data that gives the strongest evidence to support your thesis Preview, select, and organize the data Need to skim, scan, and map the data MAPPING THE RESULTS ADAPTED FROM MACHI & MCEVOY P. 49 Sub concept 1 Element 1 Sub concept 2 Core idea Sub concept 3 Element 2 DEVELOP THE ARGUMENT Arrange your claims logically Constructing a body of evidence (scaffolding) Communicate what is known about the topic REVIEWING PREVIOUS WORK Cite only the articles, sources pertinent to the specific issues that you are dealing with in your study. Emphasize their major conclusions, findings, or relevant methodological issues and avoid unnecessary detail. If someone else has written a review article surveying the literature on your topic, refer readers to it and present its most important points only. Even if you must describe an entire previous study, try to condense it as much as you can without losing clarity. It is hard to write this way and you must rewrite many times to make sure you are clear and succinct. CRITIQUE THE LITERATURE Interpret current understanding of topic What gaps or questions remain to be answered in the literature (there will likely be many!) What do people consistently overlook or leave out (e.g. groups of people whose experience is overlooked?) BUILDING YOUR ARGUMENT Arguments of discovery (laying out the facts) lead to your argument of advocacy (the conclusion that can be drawn from the facts) Convince the reader based on solid evidence Argument = reason A + reason B + reason C…Conclusion For more info on types of arguments, read Chapter 3 in Machi & McEvoy WRITE THE REVIEW Consider your audience (other scholars, researchers, funders. Government) Writing→Auditing→Editing process before the final product “Writing is re-writing” Assess the structure and flow of your evidence INTRODUCTION First task of the report is to introduce the background and nature of the problem being studied. You must place your question, whether basic or applied, into a larger context so readers know why it is of any general significance. The same is true if your study was designed to contribute to some aspect of criminological theory. In this case, you must summarize the theory or conceptual framework within which you are working. An intelligent nonprofessional should be able to grasp the nature of the problem and understand why someone should care about it. WRITING THE LITERATURE REVIEW • • • • • Cite books and articles whose contents/ideas/findings you are writing about in the text of the report by giving the author's last name and date of publication. EX: According to Sampson (1990), criminals are....contrary to the findings from other studies (Johnson, 1970; Karp, 1980). Don't use footnotes for references or citations. This may vary according the style followed by the journal you are sending an article to and specifications or what style the journal follows are stated in instructions to authors found in recent issues of the journal for those planning to submit manuscripts. We are dealing with APA style here, other journals in sociology may use Chicago Style. As you come to the end of the introduction, it is often useful to introduce your own study in a brief overview. Don't discuss procedural detail here, just provide a smooth transition into the method which comes next. RULES OF THUMB • Write in English prose, not psychological or sociological jargon • Don't plunge the unprepared reader into the middle of your problem or theory. Take the time and space needed to lead the reader up to the formal statement of the problem step by step • Try to open with a statement about human behavior, not the behavior of social scientists or their research • Use examples to illustrate theoretical points or to help introduce theoretical or technical terms. The more abstract the theory, the more important such examples are WRITING STYLE • Good scientific writing should be clear and accurate. • Work from an outline - organize your points in outline form to make sure they are in logical order. Start with the results. • Write simply, use examples, and use friends as reviewers. • Nonprofessionals should be able to read your report and understand what you did and why even if they know nothing about statistics, research design, or the substantive period of your research problem. • Minimize use of jargon and use frequent examples to illustrate concepts. The more abstract your participant, the more you need examples to tie it to the reader's knowledge and experience. WRITING STYLE Person and voice - although the 3rd person passive voice used to be used always it is now possible to use first person and active voice. Do not refer to yourself as the author or investigator or "we" unless there are 2 or more authors. You can use "I" sparingly, you want the reader's focus to be on the participant matter not you. Leave the reader in the background and don't refer to them directly. Tense - use past tense referring to previous research of others, use present tense for results of your current study and for conclusions that are more general than specific results. Gender - Do not use generic masculine pronouns, say the individuals or he or she, him or her if needed. Readers must be told of gender of experimenters, observers, participants, and participants. Use male pronouns to refer to males and female pronouns to refer to females. Avoid sexist language, racist, homophobic, classist language and/or stereotyping in your writing and the assumptions you are communicating. Use THEY pronouns when speaking generally. GOOD WRITING HABITS • Read over your own writing, trying to take the viewpoint of an intelligent but nonprofessional reader. • Have a friend read it and if they cannot understand it, it is not clear and needs rewriting. • Be compulsive and willing to restructure. • Rewriting multiple times and reorganizing may be needed to make the report clear and logical. • You must be willing to tear apart a first draft and rework it entirely. REFERENCES • All books and articles cited in the text of the report are listed at the end of the report under a heading "References." • They are arranged alphabetically according to author's last name, which parallels the way in which they are cited in the text. WRITING RESOURCES Publication Manual of the APA (2010) Strunk & White’s The Elements of Style (1979) The Owl at Purdue YOUR PAPERS NEED TO FOLLOW APA STYLE EXAMPLES American Psychological Association. (2010). Publication Manual of the American Psychological Association, 6th ed., Washington, DC: Author. Becker, Howard S. (1986). Writing for Social Scientists: How to Start and Finish your Thesis, Book, or Article. Chicago: University of Chicago Press. Strunk, William, Jr., & White, E.B. (1979). The Elements of Style. New York: MacMillan. Machi, L., & McEvoy, B. (2016). The Literature Review: Six Steps to Success. Corwin Press.
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Howdy!😊 there is your final work, incase of any reviews I'll be available.

Running head: CRIMINAL JUSTICE

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Students Name
Institution
Subject

CRIMINAL JUSTICE

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Qn.1
The adversarial system also known as adversary system refers to a legal system that is
used in a common law nation whereby there are advocates, each representing their
respective parties’ position or case before a judge or jury, in an attempt to come up with a
judgment that is fair and of truth. Our system of justice administers their ruling/judgment
through the adversarial system where the two conflicting parties present their issues in
courts. Whereby lawyers represent their clients in courts with zeal, plea bargaining is
standard, racism and policing issues, as well as inequality of resources, are addressed.
Qn.2
Court has a vita...


Anonymous
Really great stuff, couldn't ask for more.

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