chapter 12 Flashcards
plea bargaining
the process by which a defendant pleads guilty to the charges contained inthe indictment or bill of information
charge bargaining
in exchange for plea the prosecution agrees to reduce nature of charge
* negotiatoin to reduce the charge to something less and to reduce the exposure
count bargaining
the defendant pleads guilty to some, but not all, of the counts contained in the charging document, which reduces the potential sentence
sentence bargaining
the defendant pleads guilty to knowing the sentence that will be imposed; the sentence in the sentence bargain is less than the maximum
costs of trial / trial tax
trials are a costly and time-consuming means of establishing guilt
what is a factual basis for a plea
you cannot enter a plea to a crime and then go to court and deny guilt
who represents the public
district attorney’s office
who represents the defendant
public defenders office
what role does the judge play in bargaining
is not involved in bargaining but has the absolute right to accept or reject the plea when it is presented to the court
guilty plea
the defendant admits to the crime
factual guilt
what the defendant actually did
legal guilt
what a prosecutor can prove against the defendant
no contest
the defendant is not entering a guilty plea - I do not agree with the criminal complaint but I will ask the court to find me guilty
Alford plea
A plea that allows a defendant to plead guilty while nonetheless maintaining his or her innocence
* not innocent or guilty but will take the deal
right of alluction hearing
- The statement made by a defendant at the time he or she admits to the commission of a crime as a condition of the court accepting a guilty plea
- the statemnet made by a defendant as his/her sentencing hearing
