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Chapter 10. The Disposition: Plea Bargaining, Trial, and Sentencing. Plea Bargaining. Not concerned with determining guilt or innocence. Allows the defendant and the prosecution to efficiently determine the amount of punishment without the expense of a jury trial. Plea bargaining.
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Chapter 10 The Disposition: Plea Bargaining, Trial, and Sentencing
Plea Bargaining • Not concerned with determining guilt or innocence. • Allows the defendant and the prosecution to efficiently determine the amount of punishment without the expense of a jury trial.
Plea bargaining • Vertical plea • Horizontal plea • Reduced-sentence plea • Avoidance-of-stigma plea
Plea bargainingVertical plea By pleading guilty or nolo contendere to a lesser included charge, the defendant can reduce the potential for a harsh sentence.
Plea bargaining Horizontal plea The defendant will plead guilty to a charge in exchange for other charges being dropped.
Plea bargaining Reduced-sentence plea The prosecutor, defense attorney, and judge might decide on a reduced sentence.
Plea bargaining Fundamental issues • Presumption of factual guilt • Costs and risks of trial • What to do with the guilty
The Trial • Indictment • Defendant's plea • Prosecution opening statement • Defense opening statement • Witnesses and evidence presented • Defense closing arguments
The Trial • Prosecution closing arguments • Judge's instructions to jurors about procedures • Judge's instructions to jurors about verdicts • Final verdict • Defendant released if acquitted or sentenced if convicted
The Trial • Pretrial motions • Opening arguments • Presentation of witnesses & evidence • The case goes to the jury • Evidence • The defense doesn't rest
CrossCurrents The trialEvidence that can’t be used • When a defendant is set free because of a legal technicality, the exclusionary rule might be the reason. • The exclusionary rule covers three types of evidence: the identification of suspects, confessions in which the Miranda rules apply, and some searches.
The TrialPretrial motions • Motion for dismissal of charges • Motion for continuance • Motion for discovery • Motion for severance of defendants • Motion for severance of offenses
The TrialPretrial motions • Motion for the suppression of evidence • Motion to determine competency • Motion for change of venue
The TrialOpening arguments • The prosecution makes the first opening argument. • No evidence is presented. • The defense counters the prosecution's outline of the case.
The TrialPresentation of witnesses & evidence • The prosecution begins the presentation of the case by introducing evidence and witnesses. • Defense may cross-examine. • Prosecution may redirect examination.
The TrialPresentation of witnesses & evidence • Defense may request re-cross-examination and/or directed verdict of acquittal. • Defense presents evidence & witnesses • Summation
The TrialCase goes to the jury Serving on a jury allows citizens to participate in the criminal justice system as a check-and-balance against government power.
The TrialCase goes to the jury Steps of jury selection … • Master jury list • Venire • Voir dire
Case goes to the juryVoir dire The defense attorney or prosecutor can attempt to exclude a juror by … • Challenge for cause • Peremptory challenge
The TrialEvidence • The prosecutor must base a case on evidence. • The prosecutor must prove beyond a reasonable doubt that the defendant is guilty.
The TrialEvidence Classifications of evidence • Real evidence • Testimony • Direct evidence • Indirect evidence
The TrialThe defense doesn't rest • Reasonable doubt • Defendant testimony • Alibis • Affirmative defense • Challenging scientific evidence
Rights & wrongs in the courthouse The rights enjoyed by defendants in criminal trials are derived from the Constitution, specifically the Bill of Rights.
Rights & wrongs in the courthouse • I know my rights • Victims' rights
Rights & wrongs in the courthouseI know my rights • Right to a speedy trial • Right to confront witnesses • Right against self-incrimination • Right against excessive bail • Right to an impartial jury
Rights & wrongs in the courthouseVictims' rights When a prosecutor charges a suspect with an offense, it is considered an offense against the state even though there is most likely a human victim as well.
Sentencing • Indeterminate sentencing • Determinate sentencing • Mandatory minimum sentences
Sentencing the offenderIndeterminate sentencing • The parole board has the discretion to determine when the offender is ready for release. • Based on the medical model of corrections • Popular during the 1950s and 1960s
Sentencing the offenderIndeterminate sentencing Three assumptions … • The offender is sick and prison staff can diagnose the problem. • The prison can treat the problem. • The staff and parole board can determine if the inmate has been successfully treated.
Sentencing the offenderDeterminate sentencing • Laws restrict the discretion of criminal justice decision-makers. • The perceived advantage is uniformity. • Presumptive sentencing allows judges some departure from the guidelines.
CrossCurrents Sentencing the offenderSpecial interest laws • Groups and individuals can affect lawmaking. • Examples include: drunk-driving laws, hate-crime laws, and sex-offender laws.
Sentencing the offenderMandatory minimum sentences • Weapons violations • Repeated drunk driving • Drug sales and drug kingpin laws • Three-strikes laws • Truth in sentencing
Questions • What are the four types of pleas? • Explain the major pretrial motions. • What are voir dire and venire?