Chapter 8 notes pt. 3 Flashcards
based on the ____________ (delivered during the preliminary hearing) or ___________ (handed down by the grand jury), the prosecutor submits a motionto the court to order the defendant to appear before the ____ court for an arraignment.
information
indictment
trial
based on the information (delivered during the _________ _______) or indictment (handed down by the _____ ____), the prosecutor submits a motionto the court to order the defendant to appear before the ____ court for an arraignment.
preliminary hearing
grand jury
trial
a court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment
arraignment
a criminal defendant’s plea, in which he or she chooses not to challenge, or contest, the charges brought by the government
nolo contendere
nolo contendere is latin for ?
I will not contest it
_____ _________ is latin for “I will not contest it”
nolo contendere
nolo contendere is neither an _________ nor _______ of guilt
admission
denial
The consequences for someone who pleads guilty and for someone who pleads nolo-contendere are the same in a _________ trial
criminal
Nolo contendere cannot be used in a subsequent _______ trial as an admission of _____.
civil
guilt
If the defendant pleads ______, no _____ is necessary, and the defendant is sentenced based on the crime he or she has admitted committing.
guilty
trial
the procress by which the accused and the prosecutor work out a mutually satisfactory conclusion to the case, subject to court approval
plea bargaining
most often _______ _________ takes place after the arraignment and before the beginning of trial.
plea bargaining
most often plea bargaining takes place after the __________ and before the beginning of ______.
arraignment
trial
the results of a plea bargain are generally the same:_____________________________________
The prosecutor gets a conviction, and the defendant a lesser punishment
plea bargaining accounts for about ___% of criminal convictions in state courts.
97
the plea bargain allows the defendant a measure of ______ over his or her _____
control
fate
the _____ _______ allows the defendant a measure of control over his or her fate.
plea bargain
in most cases, what is a prosecutor’s single goal after charging a defendant with a crime?
conviction
________ ________ can affect the proceedings as well
personal philosophy
Milton Heumann said the most important lesson that a defense attorney is?
most of his or her clients are guilty
a form that must be completed be a defendant who pleads guilty. The defendant states that she or he has done so voluntarily and with full comprehension of the consequences.
Boykin form
generally, a not-guilty plea in the face of strong evidence is part of a stategy to do what?
- gain a more favorable plea bargain
- challenge a crucial part of the evidence on constitutional grounds
- submit one of the affirmative defenses discussed in chapter 3
A ________ ________ occurs when the prossecution and the defense work out an agreement that resolves the case.
plea bargain
Generally, a defendant will plead guilty in exchange for a reduction of the ________ against him or her or a lighter _______, or both.
charges
sentence
To ensure that the defendant understnads the terms of the plea, she or her must sign a _________ form waiving her or his right to a _______.
Boykin
trial
Indicate why prosecutors, defense attorneys, and defendants often agree to plea bargains.
For prosecutors, a plea bargain removes the risk of losing the case at trial, particularly if the evidence against the defendant is weak. For defense attorneys, the plea baragain may be the best deal possible for a particularly guilty client. For defendants, plea bargains give a measure of control over a highly uncertain furture