NCJ Number
185195
Date Published
2000
Length
39 pages
Annotation
The judicatory process provides a forum for deciding the outcome of a conflict between two or more parties; discretion and personal decision-making, however, interfere with the equality that should be built into the judicatory process.
Abstract
The judicatory process is played out in the court system. State courts usually involve a multi-tiered system--lower trial courts, superior trial courts, appellate courts, and the supreme court. The Federal court system is similar, and the U.S. Supreme Court is the final court of appeals for all State and Federal cases. Three main actors in the judicatory process are the prosecutor, the defense attorney, and the judge. The pretrial stage of the judicatory process involves such issues as bail and plea bargaining. Bail is a money bond the defendant puts up to secure freedom before trial. In plea bargaining, the prosecutor allows a defendant to plead guilty as charged in return for some consideration. Plea bargaining has been criticized because it represents the unchecked use of discretion by prosecutors. The second stage of the judicatory process is the criminal trial, which has several distinct phases: jury selection, opening statements, presentation of evidence by prosecution and defense, closing arguments, jury instructions, verdict, sentence, and appeal. Each State has its own types of sentences and punishments. Fines, suspended sentences, community supervision, and prison are the most common forms of punishment. Prison sentences are divided into determinate and indeterminate types. There are also mandatory sentences that must be served upon conviction and carry no hope of probation. Efforts to control sentencing disparity include the use of sentencing guidelines, as well as determinate and mandatory sentences. 158 notes, 8 tables, 7 figures, and 6 photographs