Chapter 8 Flashcards
Plea bargain
An agreement between a prosecutor and a defendant whereby the defendant gives up their right to a trial in exchange for a promise from the prosecutor
- What are the purposes of the initial appearance, arraignment, and motions?
The initial appearance determines if there is probable cause to support the arrest. Arraignments involve the formal reading of charges and the entry of a plea. Motions seek information and the vindication of defendants’ rights.
Why and how are cases filtered out of the system?
Cases are filtered out through the discretionary decisions of prosecutors and judges when they believe that there is inadequate evidence to proceed or when prosecutors believe that their scarce resources are best directed at other cases.
What factors affect whether bail is set and how much money or property a defendant must provide to gain pretrial release?
Bail decisions are based primarily on the judge’s evaluation of the seriousness of the offense and the defendant’s prior record. The decisions are influenced by the prosecutor’s recommendations and the defense attorney’s counterarguments about the defendant’s personal qualities and ties to the community.
What methods are used to facilitate pretrial release for certain defendants? (BAIL)
Police citations, release on own recognizance (ROR), 10 percent cash bail, and bail fund.
What categories of people are found in jails?
Pretrial detainees for whom bail was not set or those who are too poor to pay the bail amount required; people serving short sentences for misdemeanors; people convicted of felonies awaiting transfer to prison; and people with psychological or substance-abuse problems who have been swept off the streets.
Santabello v. New york
Promises made by prosecutors must be kept
Ricketts v. Adamson
The defendant must keep his part of bargain
Bordenkircher v. Hayes
Not unconstitutional for the prosecution to advise that the consequences of a conviction following a trial are likely to be more severe if the plea is not accepted
Not guilty
Defendant maintains the presumption of innocence and requires prosecution to prove he his guilty
Why does plea bargaining occur?
It 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, and judges preside over fewer time-consuming trials.
No lo contendere
Defendant acknowledges that the state has sufficient evidence to prove he is guilty beyond a reasonable doubt
Alford Plea
NC v. Alford- defendant maintains his innocence but agrees to plead guilty in order to take advantage of the plea offer made by prosecutor
What are the criticisms of plea bargaining?
Defendants might be pressured to surrender their rights; society’s mandated criminal punishments are improperly reduced.
What is a motion
An application to a court requesting an order
ex: motion to dismiss, motion for charge of venue, objections raised during court