Plea Bargaining and Juries Flashcards
Stats!
1% of americans over 18 yo are in jail or prison
95% of them got there through pleas bargaining
(Diamond and Rose)
Why is plea bargaining important to note?
It contributes to the phenomenon of mass incarceration
Ppl are giving up 6th am rights for what?
Innocents are forced to fess up - crisis of false confessions!
is plea bargaining an administrative necessity (SO MANY CASES - ALL CANT GO TO TRIAL!) or violent and coercive process?
BOTH! probs
venire
voir dire
JURY LIST. the group of jurors the counsel gets to choose from, made up of lists from voters reg etc
“to say the truth” formal process of juror evaluation and selection. “for cause” and peremptory challenges
What cases say we cant have all white or exclude women from VENIRE!?
Strauder v W Virginia
Taylor V Luoisiana
Hung jury?
unable to reach verdit
Jury nullification
even tho the jury feels that defendent is guilty, they acquit for moral or political reasons
are juries any good
they take their role seriously and act reasonably but factors from voir dire processes to jury instructions and procedural limitations can weaken their position