Exam 2 Flashcards
What are the events leading up to a criminal trial?
Criminal act
Steps of a criminal procedure
Crime
Arrest/ Booking
Initial appearance
Bail
Preliminary hearing
Charging
Grand jury
Arraignment
Crime
any violation of the criminal law. Article 1
Arrest:
The physical taking into custody of a suspected law violator. Police take a person into custody after probable cause and take someone in for a crime. When a reasonable person does not feel they can freely leave
To make an arrest police officers HAVE to have probable cause.
Booking - administrative record portion
Low rates of crime 20% arrested by police, majority never make it to courts.
4th and 5th amendment
Initial appearance:
The accused is told of the charges, bail is set, and a date for the preliminary hearing is set. Accused is informed of charges brought against them and their constitutional rights (attorney, silent, repeat of miranda). Attorneys will waive reading of rights to speed things up. Determines bail and the only guideline is bail cannot be excessive (up for appellate court judges to decide) or waive bail or release them if the defendant promises to appear again.
Initial appearances typically last only a minute or two. Judges handle them in rapid-fire order, making little effort to determine whether the defendant understands what is being explained.
6th amendment
Bail
a guarantee that, in return for being released from jail, the accused will return to court as needed. That promise is guaranteed by posting money or property with the court. If the defendant appears in court as required, the security is returned. If he or she fails to appear, however, the security can be forfeited. It is a way to ensure the defendant appears again otherwise bail if forfeited, way to make sure they come back. Bail is a privilege not a right it can be denied if someone may flee or a capital offense. Defendants can appeal, bail reform is big right now.
8th amendment
Preliminary hearing:
Pretrial hearing to determine if probable cause exists to hold the accused. PH are hearings that are designed to have a judge look at the evidence and make a probable cause determination that the arrest was probable. They make a simple probable cause determination: is there enough evidence for this case to advance? They do this before a case gets too far in a system. This is important because it can protect against abuses of power and make sure a prosecutor cannot destroy anyone without reason. This is where prosecution is checked. Typically quick and involved submitting affidavits, burden is only probable cause so very low.
Charging:
Formal criminal charges against defendant stating what criminal law was violated.
The Sixth Amendment requires that a defendant be given information upon which to prepare a defense. Thus, the charging document includes the name of the person charged, a brief description of how and where the offense was committed, and the statute allegedly violated.
three major types of charging documents: complaint, information, and indictment.
Grand jury:
A jury is made of 12 peers from the community and you do not need a unanimous grand jury to gain an indictment just (9/12). Further along in the process the burden for prosecution gets higher and tougher. It is typically not hard to get an incidment because there is no defense present and they are done in secret. Just determining probable cause with prosecution.
Arraignment:
The defendant is informed of the pending charges. Usually, the in an initial appearance before a judge) Could potentially enter a plea, not guilty plea or not guilty by reasons of insanity, or form of jeopardy/double jeopardy, or nolo contendere or no contest (if jurisdiction allows it) if not they typically allow an alford plea. This means the accused does not deny facts of the case but they claim they are not guilty of a crime. Technical guilty pleas have the same effect but prevent that person from being liable on the civil side, they cannot have this used against them in civil suit.
6th amendment
Necessary elements of crime
- Law: that defines wrongdoing. Act prohibited by gov spelled out so citizens know what conduct is prohibited. Law must be shown ahead of time. The law does not allow ex post facto law: laws that are passed that would criminalize behavior in the past. The Legislature cannot do this.
- Actus reus or act: material level of crime varies from one to the next,
- Mens rea: crimes with mental rea have to be spelled out before a legal system can make a distinction between crime caused by purpose or accident. Mental element must have planned to order premeditated murder. Mental element has to be established when law is passed, so that becomes a burden for prosecution to have to prove the mental element of a crime. This is challenging because it is hard to prove what someone was thinking. We can guess or make inferences, but we can’t know for sure.
- Injury or some result: Some injury or harm or wrong has to have happened. Crime must have affected society at large or another individual. Consensual crimes: gambling, prosecution, drug use, these harm society at large.
- A casual relationship between action and injury has to be a connection and casual relationship.
Possible plea bargain
each side gets something out of the deal. Prosecution gains conviction; the defendant can get reduced charges or sentencing. Typically this happens. Very prevalent in our legal system. Much more common than trial.
Legal process designed to check the government from being
abusive
When you plea bargain you give up rights to
challenge evidence against you
Prosecutorial discretion:
Prosecutors power to decide what cases and charges to pursue and determine what cases they want to allocate time and resources to and what they don’t, not prosecuting crimes with prosecutors are one of the most important gatekeepers of the legal system. They determine whether a case goes forward or not. They determine who to charge with what charge.
Defendants:
Those accused of violating the criminal law
-Defendants are a diverse lot. At one end of the spectrum are those who are arrested once and are never involved again. At the other end of the spectrum are a small group of repeat criminals who are responsible for a disproportionate share of some offenses.
Prosecution
characterized by decentralization and broad discretion. Through the years, courts have granted prosecutors wide leeway in deciding which cases to bargain out and which ones to try. From the time of the arrest to the final disposition of the case, how the prosecutor chooses to exercise discretion determines to a large extent which defendants are prosecuted, the types of plea bargains that are struck, and the severity of the sentence imposed on the guilty
Misdemeanor vs felony
Misdemeanor- punishable up to a year
Felony- one year or more
Voir Dire (jury selection)
Here two sides question jurors about themselves and specific to the case.
Who is eligible to be on a jury: randomly drawn, US citizen, 18+, resided in jurisdiction at least a year, read and understand english, no mental or physical condition needs accommodation, cannot be a felon. Average at least called once for it.It is considered a duty
Goal of jury selection: both sides try to eliminate biases to their side
Ways to eliminate jurors during Voir Dire:
Challenge for cause: try to eliminate someone for a known bias
peremptory challenges: challenges where either side can dismiss a juror for no reason
Through these two eliminations you try to get most neutral group
Three major types of charging documents:
complaint- which must be supported by oath or affirmation of either the victim or e arresting officer, are most commonly used in prosecuting misdemeanor offenses or city ordinance violations.
information: is virtually identical in form to the complaint, except that it is signed by the prosecutor. In non-grand jury states, a bill of information is used to initiate felony prosecutions;
indictment. using in grand jury states pending grand jury action.
Exclusionary rules
Criminal trial steps
- Opening statements
- Prosecution makes case
- Defense makes case
- Closing arguments
- Instructions to Jury
- Jurys decesion
- Sentencing
- Appeal? - article 1 writ of habeas corpus
5th and 6th amendment
Opening statements
attorneys lay out their case and make a summary of what the jury will see. Prosecution usually goes first, the defense is not required to do this however. Because of where the burden of proof lies (the prosecution) the defense does not have to do anything.
Prosecution makes case
Present evidence by calling witnesses (knowing ahead of time): physical evidence, testimony
Cross examination. The defense gets to cross examine them. “Face their accusers in open court” Fundamental part of trial process and gets at what the trials about : get to the facts of the case. Defense gets to challenge evidence being presented by examining the people.
Defense makes case:
But not required to do or prove anything. It can be common that they feel the prosecution has not met the burden of proof (beyond reasonable doubt) so they do not try to make a case against it. However, typically the case this far shows the defendant might be guilty so the defense usually makes a case.
2 strategies: attack evidence by prosecution or spin a different story or alternative theory about what is going on. Can include an affirmative offense but provide an alternative theory for it such as self defense
Main goal of defense:
create reasonable doubt in jurors mind. Only need to do this in one juror to get a hung jury.
Closing arguments
wrap up each side arguments
Instructions to jury
Judge instructs the jury on how to weigh evidence. What charges they have to make a decision on and what evidence they have.
-jury decision:
Guilty, not guilty, hung jury
Criminal trial has to be unanimous for a conviction
Take a few days. If they can’t reach a consensus, Judge asks them to review. And then will ask if they are deadlocked and have a hung jury.
Not guilty: free to go
-Being not guilty is not the same as being found innocent because our trial process has a very big burden of proof because we value freedom over order.
Hung Jury: prosecution has choice: go back and start all over and recharge the individual or they can work out a plea arrangement.
Guilty: Sentencing
Case attrition:
-Case attrition is the product of a complex set of factors involving patterns of informal authority within the courtroom work group and the backlog of cases on the docket. Screening, however, is not random. Rather, case attrition is related to the sufficiency of the evidence, case priorities, and substantive assessments.
Cases do not automatically move through the criminal justice process. Rather, at numerous stages in the proceedings, judges, prosecutors, and police officers exercise discretion, advancing some cases to the next step, diverting others for alternative dispositions, and drop- ping other cases altogether. Those screening decisions result in significant case attrition.
- For every 100 arrests, 24 are rejected, diverted, or referred to other jurisdictions during prosecutorial screening. Of those arrests that survive the initial hurdle, 21 are later dismissed by the prosecutor through a nolle prosequi (non- prosecution, which is often shortened to nolle or noll pros). Overall, 55 of the initial 100 arrests survive to the trial stage
Most courts exhibit a 50 percent case attrition rate.
Case attrition is related to:
- Legal Judgements: Is there sufficient e vidence to prove the elements of the offense
- Policy Priorities: Case attrition also results from general prosecutorial policies about case priorities. Prosecu- tors devote greater resources to offenses deemed more serious
- Substantive assessments:
-The judicial process is expected to individualize justice. Substantive assessments of justice— attitudes of courthouse actors about what actions should not be punished—constitute the third category of criteria that guide screening. Some cases are dropped or reduced for reasons other than failure to establish guilt
Theories of sentencing/punishment : (not mutually exclusive, more than one can apply)
- Retribution
- Incapacitation/ protection
- Deterrence
- Rehabilitation
Retribution (theories of s/p)
dea of revenge and that the defenders deserve punishment based on offense they committed. “Any eye for an eye” the severity of crime should match the severity for punishment. It is all state sponsored, not vigilantes. Ex: death row for first degree murder. Forward Looking- keep future individuals safe
Incapacitation/protection : (theories of s/p)
: philosophy of locking them up and throwing away keys. Take offenders, put them in jail. Theory is the more bad people you put in jail the safer society is. Underlying assumption: criminals can be constrained by locking them up. Ex: chemical castration on sex offenders Backwards looking- punish for past, no goal to reform offender.
Deterrence (theories of s/p)
Sentence or punishment will be a warning to others. Deterring future crimes by scaring individuals about severity of punishment. Ex: Harsh punishments for DUIS, weed, ect. Problem with deterrence: it assumes criminals are rational thinkers who will stop and think about their consequences.
Rehabilitation (theories of s/p)
Goal is to restore convicted offenders back to society. Idea is most offenders are not inherently bad or sociopaths. Most are simply a product of social circumstances or bad timing. Goal is once individuals reach 25 with frontal lobe and impulsive control is better crime goes way down. More emphasis on this today. Ex: family court, juvenile court.
Sentencing options
By statute from the legislature, they specify potential punishments. Involve typically: incarceration (jail/prison), monetary fine, ordering community service, probation, parole. Parole typically given later o
Levels of proof:
-No proof (not required in any stage)
-Mere suspicion (insufficent for anything)
-Articulable reasonable suspicion (terry v. ohio)
-Probable cause
-Preponderance of evidence (most civil cases)
-Clear and convincing evidence (insanity defense)
-Beyond a reasonable doubt (presumption of innocence means almost certainty true)
-beyond all doubt (not required in any stage)
-important because most are clarified or defined by a supreme court decision.
Challenge: with 12 jurors each may have their own idea of levels of proof.
Criminal justice wedding cake
Layer 1: celebrated cases
Layer 2: the serious felonies
Layer 3: lesser felonies
Layer 4: the misdemeanors
Exonerated
proof individual is innocent
Evidence to disprove it not guilty not enough evidence to prove it
Civil trial: before the trial
- Triggering event that injures plantiff
- Plantiff hires a lawyer
-Fees: by the hour, contingency fee, retainer fee, flat fee, occasionally pro-bono. - Pleadings:
Process: file complaint, delivery of what the complaint is, and answer by defendant - Pretrial motions:
–motion to dismiss
-motion for summary judgment: plaintiffs ask for judge to declare victory before trial argument is facts are so overwhelming that nothing the defense foes can prove their not liable
Civil cases take a long time. Defense tries to drag it out and stall to avoid punishment or bleed the plaintiff or resources (takes money to try cases) may make the plaintiff want to settle or get a weaker deal if they are running out of resources. - Discovery and pretrial conference:
Discovery, depositions, interrogatories, production of documents, and stipulations
Discovery: used to identify any facts relative to the case. Expert opinions, known facts, documents. Ex: evidence dumping
Depositions: witnesses examined under oath. Typically in a law office. Scope of questioning is wide open.
Interrogatories: written questions individuals have to answer under oath. Only parties can be made to do them.
Production of documents: dumping
Stipulations: facts both sides agree upon for the case to be more efficient.
Grieving - claiming - disputing - hiring a lawyer - deciding to file suit
Goal in civil cases:
no surprises. any times parties try to work out arraignments before trial to get a settlement.
Jury vs. Bench trial in civil cases
Oftentimes jury trials. 7th amendment right to have a jury trial in a civil case
Burden of proof in civil cases
beyond a preponderance of the evidence” (lower than beyond a reasonable doubt)
Trial motions: (civil)
-Motions made by defense to stop trial if they believe there is not enough evidence to sustain the case. Judge will accept this motion if they think no reasonable person could rule for the plaintiff given weight of evidence.
Jury verdicts and post trial motions:(civil)
Compensatory damages: compensate plaintiff for what quantifiable damages they have
Punitive damages: ideas that your punishing defense for their
Judgment and execution: either judge or jury makes award and losing side can appeal.
Judgment and execution: (civil
either judge or jury makes award and losing side can appeal.
Differences with civil trial:
-Goals of actors typically look diff. (even though final statistics look different)
Playing for different stakes (freedom v. money)
-Rules of evidence: disclosure (idea that prosecution must turn over any exculpatory evidence to show defendant is not guilty) vs discovery (sharing evidence so no surprises)
-lack of speedy trial
-# of jurors
-Civil and criminal outcomes
Different rules of evidence , different burden of proof.
Actions can lead to either Example: OJ simpson
-Burden of proof for jury is different
The puzzle of plea bargaining
The right to a speedy (jury) trial is arguably one of the
most important rights for having a legitimate and
fair/just legal system. Constitutionally guaranteed.
* Trials force the state to produce evidence and facts at
trial (in open court) that can be contested on cross
examination
* Yet, because of a variety of factors (e.g., slow process,
too much power for overzealous prosecutors/policies),
many defendants plead guilty to crimes there are
either innocent or incorrectly charged
* At the federal level, over 98% of all cases end in a plea
bargain
* It seems if trials are diminishing, it places a higher
priority on efficiency, which harms the ability of the
legal system to provide justice
Trial penalty
Plea bargaining eliminates
all rights
Informal discussion (plea barganing)
: not a formal part of the process. Discussions between prosecution and defense consuel.
-Everyone wants to see what kind of deal they can get
Trial vs offer by prosecution
Plea bargaining
The process by which a defendant pleads guilty to a criminal charge with the expectation of receiving some benefit from the state.
-The majority of findings of guilt occur because of plea bargaining
Prosecutors hold up for taking every case to trial:
-resources
-time
-money
They have to allocate all this and prioritize high profile convictions and cases so lower level cases plea bargaining is more appealing and logical for them.
Roles of Judges in PB:
-Informal: purposefully put dockets on their calendar “pre-trial hearing” “Settlement dockets” force parties to come together to avoid a timely and costly trial.
Judges take an active role in this despite by design they are normally very passive. Other than this, they usually look like referees. They try to create efficiency in the legal system so they play a more active role in facilitating resolutions. -They have an incentive to be engaged in process
-Judge must determine whether or not the plea bargain is fair. Before judges accept any plea deal, they will ask the defendant a number of questions. They ask whether ot not the defendant faced any threats, whether they are satisfied with their defense counsel (so you cannot appeal the plea and give up your right), and are they sure they want to waive their right to a jury trial.
Decision to reject/ accept the plea deal:
what do defendants think? They consider likelihood of getting convicted at trial, Severity of sentence, do i wanna fight to clear my name, do I want to go broke fighting this, and how much time has already passed since the beginning of being charged and they choose whether they want to move on with their life, They have already lost time and wanna get it over with. Powerful social motivator: shame. People will plea bargain for reduction of charges or sentence to resolve some shame. “Save face” with public
Jury trial penalty:
if an individual does not plea they go to a jury trial and often the sentence by a jury is 4-5x more harsh than plea bargaining.
Sounds cohesive, however, has been named by the supreme court. Because of the backlog of the legal system. Drains resources, time, and money of legal system.
Types of crimes being handled: less severe, more likely to see plea bargaining being made, and more severe less likely.
In courthouses around the nation, it is a common assumption that defendants who do not plead guilty will receive a harsher sentence.
- “He takes some of my time; I take some of his.” Here “time” refers to the hours spent hearing evidence presented to a jury (King et al. 2005). The U.S. Supreme Court has clearly sanctioned the practice
Three types of plea bargaining:
Charge bargaining: The defendant pleads guilty to a less serious charge than the one originally filed.
-Some prosecutors deliberately overcharge so it appears that the defendant is receiving a break.
Count bargaining: The defendant pleads guilty to some, but not all, of the counts contained in the charging document.
-In multiple-count charges, sentences are typically served concurrently (not consecutively), so the “sentence reduction” the defendant receives is largely illusionary.
Sentence bargaining: The defendant pleads guilty knowing the sentence that will be imposed.
-Because the normal penalty for an offense is less than the maximum, defendants appear to get off lightly.
Types of crimes and prevalence of plea bargaining
- Murder
- Rape
- Assault
What’s involved in a plea bargain:
- Defendant waives their rights
- Allocution: establishment of facts of the crime. When a person pleads the defendant has to answer a series of questions admitting to certain facts that took place to satisfy the statute that contains the elements of the crime. Make defendant walk through crime, admit elements, and satisfy statutory requirements
3.Boykin Form: Standard form used for when defendants waive their rights. Lets defendant know what rights they give up. Ask their education level to make sure they are able to understand the meaning behind it. - Two types of pleas:
- Judges discretion to accept or reject the plea bargain
