Chapter 11 Flashcards
In the workgroup do all of the participants share the same responsibilities?
No judges, attorneys, probation officers, and offenders all have unique responsibilities that go with their assigned job.
Does the behavior of the defendant in court impact the treatment by the judge?
Yes, if they act remorseful, silent, and submissive like they are expected or plead guilty they may not get treated as harshly and only get a lecture about the seriousness of the crime. If they don’t follow this expectation, behave inappropriately, or plead not guilty the judge may give a more severe sentence.
What is meant by copping out?
Copping out is another name for plea bargaining; instead of a trial negotiations happen through the attorneys and judge to negotiate a guilty plea and determine what will happen to the defendant.
The last phase of a trial?
Decisions by the jury
Know the whole trial process and its steps
Selection of the jury, Opening statements by the prosecution and defense, Presentation of the prosecution’s evidence and witnesses, Presentation of the defense’s evidence and witnesses, Presentation of rebuttal witnesses, Closing arguments by each side, Instructions of the jury by the judge, Decision by the jury
Do most cases go to trial?
No, the majority of all cases are solved through plea bargaining, and dismissals or other variations of that-rehab
Is the Supreme Court’s ruling on plea bargaining legal or illegal?
it is legal and endorsed the process in 1970. clarified the aspects of attorneys’ responsibilities in the process through Santobello v. New York, and addressed concerns through Boykin v. Alabama, North Carolina v. Alford, Ricketts v. Adamson, and Bordenkircher v. Hayes.
In some cases when there is strong evidence against the defendant, can plea bargaining still occur?
Yes, as long as the deals are worked out before an information or an indictment is filed. Also the defense will prefer a plea bargain if they know that their client is guilty because it will get their client a lower charge.
In order for a judge to accept a plea does the plea have to be voluntary?
For a judge to accept a plea bargain the plea has to be voluntary based on Boykin v. Alabama.
Some defendants plead guilty even though they are innocent
True, because they think they can’t win in trial and would rather get a lesser sentence in a plea bargain
In some states defendants have the option to choose a bench trial
Yes defendants may choose to have a bench trial if they believe a judge will be more capable of making objective decisions especially if the charges or evidence are likely to arouse emotional reactions in jurors. there is no constitutional right to a bench trial, there is only to a jury trial.
Juries are always composed of highly educated members of the community
Juries are not always composed of highly educated members of the community because during voir dire and the case some attorneys may want less educated members of the community.
Do juries ever wrongly convict or acquit-not guilty-defendants?
Yes juries do sometimes wrongfully convict or acquit guilty defendants.
During the appeal process do defendants have the right to an attorney?
During the appeal process indigent defendants’ right to an attorney continues through the first stage of the appeal, but not passed that-no attorney in habeas corpus.
Who participates in the plea bargaining process?
Prosecutors, defense attorneys, defendants, and judges
What is the percentage of individuals who plead guilty?
The percentage of dispositions by guilty pleas varies from place to place according to google the number is anywhere from 90 to 95%
Who makes up the work group?
judges, prosecutors, defense attorneys, and other courtroom workers that function as a workgroup to dispose of cases quickly.
Who in the workgroup during the plea bargaining process uses a multiple offense indictment tactic?
Prosecutors
What is the most important factor in the decision to take a case to trial?
The seriousness of the charge is the most important factor when making the decision to take a case to trial, followed by the strength of the prosecutions case.
Know the 6th amendment
The right to a speedy, public trial by an impartial jury in all criminal proceedings, protection against double jeopardy, the right to hear your charges and the evidence against you, the right to know your accusers, and the right to an attorney.
What percent of felony cases go to trial?
Less than 10 percent go to trial, but only 3 to 4 percent of felony cases typically reach their conclusion through trials in most jurisdictions. The majority of the 10% are typically bench trials and not jury trials.
Know the difference between a jury trial and a bench trial
A jury trial is a panel of 6-12 citizens selected from the community the crime was committed and according to law and sworn to determine matters of fact in criminal cases and to deliver a verdict of guilty or not guilty. A bench trial is a trial conducted by a judge who acts as the fact finder and determines issues of law, with no jury participation
Know the difference between a writ of certiorari and a writ of habeas corpus
A writ of certiorari is a request to a superior court to direct that the record of the lower court be sent to the superior court for review of the lower court’s decision. A writ of habeas corpus is a judicial order requesting the release of a person being detained in jail, prison, or a mental hospital. If a judge finds the person is being held improperly, it may be granted and the person will be released or granted a new trial.
Where do we find population for a jury pool
lists of registered voters and licensed drivers-under represents nonwhites, poor, and young people. Some states started looking at drivers licenses, registered votes, and other lists including hunting licenses and utility bills to create diversity.
Know the standards for conviction
Preponderance of evidence-7 out of 12 more than 50%-civil
Beyond a reasonable doubt-everyone 100%-criminal
What would be the standard for evidence to be strong enough for conviction?
Reasonable doubt
Know the difference between the different types of evidence
Real- physical evidence weapons, records, fingerprints, stolen property-objects involved in the crime. Direct-eyewitness accounts. Circumstantial-evidence, provided by a witness, from which a jury must infer a fact. Demonstrative- evidence that is not based on witness testimony but demonstrates information relevant to the crime, such as maps, X-rays, and photographs; includes real evidence involved in the crime. Testimony-oral evidence provided by competent witnesses.
circumstantial, direct, real
Steps in a trial
Selection of the jury, Opening statements by the prosecution and defense, Presentation of the prosecution’s evidence and witnesses, Presentation of the defense’s evidence and witnesses, Presentation of rebuttal witnesses, Presentation of rebuttal witnesses, Closing arguments by each side, Instructions of the jury by the judge, Decision by the jury
Know what is meant by an adjournment
An adjournment is when there is a formal rest or pause in a court session until a later date, another word for it is a continuance
Know what a continuance is
A continuance by definition is an adjournment of a scheduled case until a later date.
When does the judge give instructions to the jury
before the decision by the jury, but after the selection of the jury, opening statements by prosecution and defense, presentation of the prosecutions and defense attorneys evidence and witnesses, presentation of rebuttal witnesses, and closing arguments by each side.
Know what peremptory challenge is
when an attorney removes a potential juror from the jury without giving any reason as to why, as long as their decision was not based on the race or gender of the juror and could give a decent reason if asked why. Attorneys have a limited number of these.
Know what voir dire is
the questioning of possible jurors to screen out those who the judge or attorney think may be biased or incapable of delivering a fair impartial verdict.
Know what challenge for cause is
when an attorney requests that a prospective juror be removed from the jury because they have some kind of bias or legal disability and will be unable to provide an impartial decision. Attorneys have an unlimited number of these.
Selection of the jury
attorneys find those who are sympathetic towards their cause and to exclude those who won’t be. From the jury pool 30 citizens will be placed on a panel and then will go through voir dire. At the end 12 jurors will be selected to serve on the jury and 2 alternates
Opening statements by prosecution and defense
the clerk reads the charges and the attorneys if they want make opening statements to the jury summarizing the position that each side tends to take. These aren’t evidence and is not supposed to use these statements as proving or disproving anything about the case.
Presentation of the prosecutors evidence and witnesses
will exclude all reasonable doubt that the defendant didn’t commit the crime. By presenting different types of evidence.
Presentation by the defenses evidence and witnesses
The defense can ask the court to direct the jury to find the defendant not guilty on the argument that the prosecution didn’t present enough evidence to find the defendant guilty. they don’t answer the prosecution’s case as it is the prosecution’s job to prove the case beyond a reasonable doubt and its possible for the defense to rest their case immediately. They really worry about whether the defendant is going to testify risking them slipping up during the cross examination or not testify.
Presentation of rebuttal witnesses
The prosecution presents witnesses whose statements are designed to discredit the testimony on behalf of the defendant, the defense can question the prosecution’s rebuttal witnesses and present new witnesses in the rebuttal.
Closing arguments by each side
After all of the evidence is presented, closing arguments are made to the jury; the attorneys review the evidence of the case and present interpretations of what happened that favor their side
Judge instructions to the jury
Both sides may remind the jury to not let their emotions affect their decision. When the judge instructs the jury it can be a lengthy and complex ranging from a couple of hours to a full day. Judges may discuss basic legal principles or more complex things like complicated court rulings and different defenses. jurors may struggle to understand the complexity and legal content they are told and their thinking may be affected by the instruction.
decision by the jury
the jury is put in a private room to discuss the facts presented during the trial, with one person being selected to be the foreperson and run the meeting. If the jury is deadlocked and can’t reach a decision the prosecution can choose to retry the case with a new jury, when a verdict is reached everyone reassembles in the courtroom to hear it, and either side can request that the jury be polled-each member of the jury tells their vote in open court.
Local legal culture
Norms, shared by members of a courts community, which center on how cases should be handled and how a participant should behave in the judicial process.
Going rate
Local court officials’ shared view of the appropriate sentence for the offense, based on the defendant’s prior record and other case characteristics.
Continuance
An adjournment of a scheduled case until a later date.
Workgroup
collection of individuals who interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles that differentiates the group from others and that facilitates cooperation.
Santobello v. New York
When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled.
Boykin v. Alabama
Defendants must state that they are voluntarily making a plea of guilty.
North Carolina v. Alford
A plea of guilty may be accepted for the purpose of a lesser sentence from a defendant who maintains his or her innocence.
Ricketts v. Adamson
Defendants must uphold the plea agreement or risk going to trial and receiving a harsher sentence.
Bordenkircher v. Hayes
A defendant’s rights were not violated by a prosecutor who warned that failure to agree to a guilty plea would result in a harsher sentence.
Jury
A panel of citizens selected according to law and sworn to determine matters of a fact in a criminal case and to deliver a verdict of guilty or not guilty.
Bench trial
Trial conducted by a judge who acts as a fact finder and determines issues of law. No jury participates.
Williams v. Florida
Juries of fewer than 12 members are permitted by the U.S. Constitution.
Voir dire
questioning of prospective jurors in order to screen out people the judge or attorneys think might be biased or otherwise incapable of delivering a fair verdict.
Challenge for cause
Removal of a prospective juror by showing that he or she has some bias or some other legal disability. The number of these challenges permitted to attorneys is potentially unlimited.
Peremptory challenge
Removal of a prospective juror without giving any reason. Attorneys are allowed a limited number of such challenges.
Real evidence
Physical evidence such as a weapon, records, fingerprints, stolen property-objects actually involved in the crime.
Demonstrative evidence
Evidence that is not based on witness testimony but demonstrates information relevant to the crime, such as maps, X-rays, and photographs; includes real evidence involved in the crime.
Testimony
Oral evidence provided by a legally competent witness
Direct evidence
Eyewitness accounts
Circumstantial evidence
Evidence, provided by a witness, from which a jury must infer a fact
Reasonable doubt
The standard used by a juror to decide if the prosecution has provided enough evidence for conviction.
Appeal
A request to a higher court that it review actions taken in a completed lower-court case.
Habeas corpus
A writ or judicial order requesting the release of a person being detained in a jail, prison, or mental hospital. If a judge finds the person is being held improperly, the writ may be granted and the person released or granted a new trial.
How does the local legal culture affect criminal cases?
norms that distinguish between one court and those in other jurisdictions. These norms dictate expectations about how members should treat one another and describe how cases should be processed.
How does a courtroom workgroup form and operate?
The courtroom workgroup is made up of judge, prosecutor, defense counsel, and support staff assigned to a specific courtroom. Through the interaction of these members, goals and norms are shared, and a set of roles becomes stabilized.
Why are similar cases treated differently in different cities?
Several factors can vary in different cities, including the structure of the courtroom workgroup and the influence of sponsoring organizations, which can affect such things as prosecution policies and public defender assignments.
Why does plea bargaining occur?
serves the self-interest of all relevant actors: defendants gain certain, less-than-maximum sentences; prosecutors gain swift, sure convictions; defense attorneys get prompt resolution of cases; judges do not have to preside over as many time-consuming trials.
What is implicit plea bargaining?
when prosecutors and defense attorneys use shared expectations and interactions to settle the facts of a case and reach a resolution based on the going rate for sentences in the local legal culture.
What issues concerning plea bargaining has the Supreme Court examined?
The U.S. Supreme Court has examined whether the defendant pleads guilty in a knowing and voluntary way, guilty pleas from defendants who still claim to be innocent, and prosecutors’ and defendants obligations to fulfill their plea agreements.
What are the criticisms of plea bargaining?
Concerns about pressures on defendants to surrender their rights and concerns that society’s mandated criminal punishments are improperly reduced.
Approximately what percentage of felony cases reach conclusion through a trial?
In most jurisdictions, only 3 to 4 percent of felony cases typically reach their conclusion through trials, although there may be slightly higher percentages in a specific year or at a specific courthouse.
What are three of the six functions that juries serve for the criminal justice system?
Safeguard citizens against arbitrary law enforcement, determine the guilt of the accused, represent diverse community interests and values, serve as a buffer between accused and accuser, become educated about the justice system, and symbolize the law.
What has the Supreme Court decided concerning the size and unanimity requirements of juries?
Juries can have as few as 6 jurors, except in death penalty cases, in which 12 are required, and convictions can occur through less-than-unanimous verdicts.
What is voir dire?
The jury-selection process in which lawyers and/or judges ask questions of prospective jurors and make decisions about using peremptory challenges and challenges for cause to shape the jury’s composition.
What is the difference between a peremptory challenge and a challenge for cause?
A challenge for cause is based on an indication that a prospective juror cannot make a fair decision.
Such challenges must be approved by the judge. A peremptory challenge can be made by the attorney without giving a reason, unless an allegation arises that the attorney is using such challenges systematically to exclude people because of their
race or gender.
What are the stages in the trial process?
Jury selection, attorneys’ opening statements, presentation of prosecution’s evidence, presentation of defense’s evidence, presentation of rebuttal witnesses, closing arguments by each side, judge’s instructions to the jury, and jury’s decision.
What are the kinds of evidence presented during a trial?
Real evidence, demonstrative evidence, testimony, direct evidence, and circumstantial evidence
What factors can make a jury’s decision different from that of a judge?
Jurors may discount cases in which they dislike the victims. Jurors may also be more sympathetic to self-defense claims. Judges are more likely to convict defendants on evidence that is only moderately strong.
How does the appellate court’s job differ from that of the trial court?
Unlike trial courts, which have juries, hear evidence, and decide if the defendant is guilty or not guilty, appellate courts focus only on claimed errors of law or procedure in trial court proceedings. Victory in an appellate court may mean only a chance at a new trial-which often leads to a new conviction.
What is a habeas corpus petition?
started after all appeals have been filed and lost. Convicted offenders ask a federal court to review whether any constitutional rights were violated during the course of a case’s investigation and trial. If rights were violated, the person’s continued detention in prison or jail may be improper.
