Judges & Focal Concerns
True or False: Minnesota was the first state to establish sentencing guidelines in 1973.
True! Reflects a shift in punishment philosophies, curb judicial discretion and make sentences more determinate, abolition of parole in many states.
True or False: In Tisdale and Fortuba article on plea bargains, the surveyed prosecutors listed criminal history as the most influential factor in their decision-making.
True. Nearly 60 percent of prosecutors listed as highly influential, especially in early decisionmaking. The length of the criminal history, unresolved cases or being on probation/parole, and whether or not it was a first time offense.
Roughly ____ percent of criminal cases go to trial each year.
10 percent (probably being generous here)
Which focal concern had the highest consensus among judges in the Ulmer et al. (2023) study?
Public safety/community protection had highest consensus among judges, with 96% rating it as very relevant. Indicators included: Prior criminal record, the nature of the crime (especially "gratuitous" violence), and mental health or other extralegal factors.
Describe that the power of the charge is and why it matters for prosecutorial discretion
Prosecutors have pretty much unlimited power of what charges to file, how many counts to file, whether or not to dismiss etc. Sets entire tone for case. Have most power and discretion over charge-bargaining and plea-bargaining.
Define what a Brady violation is and provide one example from documentary or different case
Brady violation occurs when prosecutors suppress or withhold evidence favorable to the accused, violating the 1963 Supreme Court ruling Brady v. Maryland. In Alfred Brown case, prosecutor and police analyst knew about phone records but withheld from defense.
What was the fourth focal concern discovered in the article and why factors do judges look for as markers in a defendant?
Redeemability/rehabilitation. Increasing concern about not just punishing, but helping people move forward. Family support, employment history, treatment willingness.
Describe what a trial penalty is and why it matters.
Trial penalty - Defendants may face the risk of increased punishment at trial, so may take a lesser sentence via plea deal even if not guilty of the crime. Illustrates prosecutorial power, how very rarely right to trial is exercised.
Describe 2 key differences between grand jury hearings vs. probable cause hearings.
Grand jury hearings are typically more hidden process, supposed to be composed of citizens, it is non-adversarial, defense has little rights, hearsay is allowed. Probable cause are in front of judge, defense can be present and cross-examine witnesses, more adversarial, hearsay is still allowed.
Describe what it means for courtroom workgroups to work as inhabited institutions, and it's impact on judicial sentencing decisions.
Inhabited institutions - Sentencing not done in vacuum but embedded in local legal culture and workgroup norms. Judges use their own interpretations and concerns to navigate more formal rules like sentencing guidelines (downward vs. upward departures)
Describe one philosophy of punishment and how this shaped prosecutorial decisionmaking during pleas in the plea bargaining article.
Rehabilitation (diversion, treatment, addressing root causes), Deterrence (set baseline that will prevent future offenses), Incapacitation (protect public safety, harhest sentences for those deemed dangerous/already in custody).
Provide one example of faulty forensic evidence or "junk science" used in wrongful convictions (innocence project).
Teeth marks, blood spatter analysis, gun residue, shaken baby syndrome, hair microscopy, toolmark analysis.
Describe the shift from indeterminate to determinate sentencing and how this led to the hydraulic displacement of discretion.
Indeterminate - judge will typically set a sentence for undetermined number of years or months, person may be let out early via parole. Determinate - set by legislators and prosecutors, sets a specific term of sentence (i.e., mandatory mins, 3 strikes) and often must serve full length of term. Hydraulic displacement - discretion simply moved from judges to prosecutors, not removed entirely from system.
What is the shadow of the trial model and does it seem consequential for prosecutors' plea bargaining?
Shadow of trial - expectations of what would happen at trial and ability to secure a guilty plea shape prosecutors' plea bargaining offers. No, only 2 prosecutors listed this as important factor, guilt of defendant seems to play little into shaping decisionmaking.
Describe the role that tunnel vision, confirmation bias, and conviction psychology can play in shaping prosecuotrial misconduct.
Tunnel vision - hyperfocused on one suspect/case theory, inability to look at other options and evidence. Confirmation bias - seeking out information that confirms our already prexisting beliefs. Conviction psychology - everyone already guilty, about wins and losses in court.