Plea Bargain
What is a Plea Bargain?
A reduced sentence by pleading guilty or No contest to a lesser charge
What does ITP stand for?
Incompetence to Proceed
What is a crime?
It's when someone breaks a law, even if they don't know about the law that is being broken.
What is a verdict? Who makes it?
-The decision as to whether the defendant is guilty, not guilty, or not guilty by reason of insanity
-The jury, if there is no jury, the judge makes the verdict.
What is an appeal?
When the defense attorney or the state attorney asks the court for a second opinion about the verdict or the sentence.
A plea Bargain agreement has to be approved by 3 people, who are they?
- Defendant
- Prosecutor
- Judge
What is a felony and what is its punishment?
A very serious crime: punishment is 1 year or more in PRISON
What is a trial?
A legal proceeding held in a classroom to decide if a defendant is guilty, not guilty, or guilty by reason of insanity.
What is perjury and its consequence?
Perjury is lying under oath. Defendant is caught intentionally giving false information.
-PENALTY: May be sentenced to up to 5 years in PRISON.
What does No contest mean and its consequences of it?
- The defendant will not say that he or she is guilty or not guilty.
-Based on evidence, the judge will determine the verdict for you
- Defendant will not have a trial by jury, face their accuser, and are not able to ask for a second opinion (appeal)
This plea is when the defendant is told " IF YOU PLEAD GUILTY, THEN HERE IS THE EXCAT SENTENCE YOU'LL GET".
What is a misdemeanor and its punishment?
A less serious crime than a felony; punishment is less than 1 year in JAIL.
What is a hearing?
A less formal court proceeding to ensure that a trial is fair.
What is the 5th Amendment?
The right to remain silent
The State has the " Burden of Proof" this means what
The defendant is not guilty until proven guilty.
This plea is where the defendant is charged with a crime and is allowed to plead guilty to a lesser charge
Charge Bargain
Why did the judge send us to the hospital?
The judge sent us to the hospital because he or she believed that we were incompetent to proceed in the legal system.
What is contempt of court and its penalty?
-When the defendant misbehaves in court
- PENALTY: You will be charged of contempt of court and sentenced to up to 90 days in the county jail.
What is a Deferred Prosecution?
- Judge decides to give you a length of time to " straighten out" instead of having a trial. If you do good during that amount of time, you will not be prosecuted. Must report to a probation officer.
What is Reality Orientation?
You are aware of who you are, where you are, and what is currently happening in your environment.
Why is a Plea Bargain better than a Plea of Guilty or No Contest?
-If you plead guilty or no contest at an arraignment or at trial, the State Attorney can ask for any sentence they want
- the judge can give you any sentence he or she wants
What is Competent to Proceed?
(HINT: 3 answers available)
- Your mental condition will not interfere with you having a fair trial.
- You understand courtroom procedures, have a rational mind, have a stable mood, and can control your behavior.
-Able to return to court to face your charges.
List ALL the important people who are in the courtroom during a trial
- Defendant - Defense Attorney
- Judge - State Attorney
- Jury - Witnesses
-Bailiff - Court Reporter
Who selects the Jury?
The person cannot be on a Jury if they:
-2 PART QUESTION-
- The State Attorney & Public Defender
-Are biased or have preconceived notions about the case
What are the 2 types of Warrants?
Who approves it?
- Search and Arrest Warrant
- The judge