W12 Plea Bargaining Flashcards

1
Q

What are the two primary goals of the criminal justice system (CJS)?

A

Truth vs. Conflict resolution.

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2
Q

What is the adversarial system?

A

A system where opposing parties present their case to an impartial judge or jury, focusing on conflict resolution.

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3
Q

What are the two types of justice discussed in the CJS?

A

Distributive justice (fairness of outcomes) vs. Procedural justice (fairness of procedures).

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4
Q

What is more important in the CJS: individual rights or the common good?

A

This raises the question of when it is appropriate to constrain individual liberty for the greater good.

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5
Q

Can you give an example of constraining individual liberty for the common good?

A

Examples include mental health background checks for gun licenses or laws against animal mistreatment.

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6
Q

What is the tension between equality and discretion in sentencing?

A

The issue of whether the same crime should receive the same punishment, and how context can affect fairness.

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7
Q

Describe the example of equality vs. discretion involving two manslaughter cases.

A

A male defendant who killed his unfaithful wife and a female defendant who killed her abusive husband; should they receive equal sentences?

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8
Q

What percentage of cases end in plea bargains in the US and Australia?

A

Approximately 90%.

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9
Q

How do plea bargains illustrate discretion in the justice system?

A

They show how procedural efficiency can conflict with the ideals of justice.

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10
Q

What are the implications of plea bargains on distributive and procedural justice?

A

They can lead to identical verdicts with different punishments and affect parity of pleas across defendants.

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11
Q

What is the “prosecutor’s dilemma”?

A

The challenge of balancing efficient outcomes with just outcomes, considering biases and heuristics.

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12
Q

What role does context play in the pursuit of equality in the CJS?

A

Context can lead to disparities in sentencing and how cases are treated, impacting fairness.

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