Prosecutors & Defense Attorneys
What discretionary decisions do Prosecutors have?
What is charges to file, what to offer on a plea, moh to dismiss and reduce?
Finder of Fact
What is a jury?
What is a judge during a bench trial.
How many cases are resolved by plea bargain?
What is 95%?
Who is in court workgroup?
triad - judge, prosecutor, defense attorney
Based on the theory of
What is restorative justice?
When a proescutors wants to plead to make sure they get a conviction this is called.
What is uncertainty avoidance?
Role of the judge
What is sets bail, final word on sentencing, finder of law
When a plea is induced bc the threat of a longer sentence after trial.
What is trial penalty?
5 characteristics
1. closeness
2. shared beliefs on how to treat each other
3. shared beliefs on how to handle cases
4. special language
5. sense of tradition
AKA
problem solving courts
Name 3 legally relevant factors
What is: seriousness of offense, strength of evidence, culpability of defendant?
How the judge gets on the bench can impact...
What is how they do their job?
Election v appointment?
Arguments for
what is quick, uncertainty avoidance, save victim from testifying
What legal factors impact Sentencing
Offense seriousness & prior record
Features of Specialized Court
1. focus on outcome
2. judicial monitoring
3. informed decision making
4. non traditional roles
5. systematic changes (problem solving)
Extra legal factors include
What is D background, race, ethnicity, social stability, relationship with victim?
How jurors are picked is an example of
What is implicit bias?
Arguments against
no judge or jury
No due process
coercion
What extra legal factors impact sentencing ?
Demographics (age, gender, race, ethnicity)
SES
Social Stability
types?
drug
DV
Mental health
VeteransEffective assistance of counsel standard
Did the attorney's representaion fall below an objective standard & but for the errors the results would have been different?
When a jury refuses to convict a D even if the law overwhelming supports it?
What is jury nullification?
Defendant capped plea is when
defendant can withdraw his plea if the judge would impose a longer sentence
Extra Legal Factors
Victim characteristics
Case processing - in custody? Defense counsel
what is the gateway to justice?
vast discretion of prosecutors