◦ The criminal courts have several
The important decision points that
determine how justice is meted
criminal out.
◦ Plea bargaining
court ◦ Trial
process ◦ Sentencing
◦ The pre-trial release decision is one of
the most important crossroads of the
criminal justice system.
Pre Trial ◦ These systems all involve some sort of
bail/bond alternative:
Release ◦ cash bond
Decisions ◦ property bond
◦ release on recognizance
◦ surety bond
PLEA BARGAIN
◦ A compromise reached by the
defendant, the defendant’s
attorney, and the prosecutor in
which the defendant agrees to
plead guilty or no contest in return
Definition for a reduction of the charges’
severity, dismissal of some
charges, further information about
the offense or about others
involved in it, or the prosecutor’s
agreement to recommend a
desired sentence.
Important stats
97% of federal
This is where
cases and 94% of
there is the most
state cases are
attrition in
resolved by plea
regards to cases.
bargains
Elements of the plea bargain
Allows the defendant
and the prosecution
to efficiently
Not concerned with
determine the
determining guilt or
amount of
innocence.
punishment without
the expense of a jury
trial.
Issues that can affect plea bargaining
If every defendant
demanded a jury trial,
presumption of factual
the system would grind
guilt
to a halt under the
oppressive caseload.
Three fundamental
issues guide plea costs and risks of trial
bargaining:
what to do with the
guilty
Types of plea bargaining
Reduced- Avoidance-of-
Vertical Plea Horizontal Plea
sentence Plea stigma Plea
• By pleading • The defendant • The • A defendant
guilty or nolo will plead prosecutor, pleads guilty to
contendere to guilty to a defense a lesser charge
a lesser charge in attorney, and in order to
included exchange for judge might avoid a more
charge, the other charges decide on a serious charge
defendant can being dropped. reduced that carries a
reduce the sentence. stigma.
potential for a
harsh
sentence.
◦ Three results of eliminating plea bargaining…
◦ Increase in the number of cases that
defense attorneys are willing to take to
Should the trial
plea ◦ The discretion inherent in the process is
moved to another part of the criminal
bargain be justice system where it might not be as
visible and thus subject to increased abuse
abolished? or corruption
◦ Might squeeze the prosecutor out of the
process
THE TRIAL
Prosecution opening statement
Defense opening statement
Witnesses and evidence presented
Defense closing arguments
How the trial Prosecution closing arguments
works…. Judge's instructions to jurors about procedures
Judge's instructions to jurors about verdicts
Final verdict
Defendant released if acquitted or sentenced if
convicted
Filing of charges
Initial appearance and preliminary
hearing
Grand jury Pre trial
Indictments and informations Phase
Arraignment
The plea
A jury (a group of
citizens) empowered by law to
conduct legal proceedings,
investigate potential criminal
conduct, and determine whether
criminal charges should be
What is a brought
grand jury?
The US and Liberia are the only
countries that retain grand juries
Pre trial motions
Motion for Motion for
Motion for Motion for
dismissal of severance of
continuance discovery
charges defendants
Motion for
Motion for Motion to Motion for
the
severance of determine change of
suppression
offenses competency venue
of evidence
Opening Arguments
The prosecution makes the first
opening argument.
No evidence is presented.
The defense counters the
prosecution's outline of the case.
The prosecution begins the presentation of
the case by introducing evidence and
witnesses.
Defense may cross-examine.
Prosecution’s
Presentation Prosecution may redirect examination.
of Defense may request re-cross-examination
Witnesses & and/or directed verdict of acquittal.
Evidence Defense presents evidence & witnesses
Summation
Steps of jury selection
Venire – list of names
is randomly selected
Master jury list – list from the master jury Voir dire – prosecutor
compiles from voter list. Sheriffs office and defense attorney,
registration records notifies these questioning of jurors
individuals by
summons
5 defense strategies
Defendant
testimony – 5th
Reasonable doubt – Alibis- defendant
amendment
weakest strategy, someplace else at
protects defendants
poke holes in case the time
from self-
incrimination
Challenging
Affirmative defense
scientific evidence –
– defendant
defense can
committed crime
produce their own
but has a good
expert witnesses to
reason why
cast doubt
Appeal
appeal—A written
The process begins when
petition to a higher court
a defendant who loses a
to review a lower court’s
trial files a notice of
decision for the purpose
appeal, which usually
of convincing the higher
must be filed within 30
court that the lower
days from the judgment
court’s decision was
date.
incorrect.
Sentencing
sentencing guidelines—A
set of rules concerning the
sentencing for a specified set
The goal of the sentence might
of offenses that seek to create
be treatment, punishment,
uniform sentencing policy by
incapacitation, restitution,
directing the judge to consider
revenge, or deterrence.
certain facts about the offense
and the defendant when
determining the sentence.
Indeterminate Sentencing
The parole board
has the discretion Based on the
Popular during the
to determine when medical model of
1950s and 1960s
the offender is corrections
ready for release.
Determinate Sentencing
Presumptive
Laws restrict the sentencing
The perceived
discretion of allows judges
advantage is
criminal justice some departure
uniformity.
decision-makers. from the
guidelines.
Weapons violations
Repeated drunk driving Mandator
Drug sales and drug kingpin
y
laws minimum
Three-strikes laws sentencin
g
Truth in sentencing