Plea Bargaining I
Which role in the courtroom has the most power in plea bargain and agreement?
The Prosecutor
The court proceeding that formally read the charges against the defendant and possibly entering of a plea.
Arraignment
This Burden of Proof must be met at the time of arrest, in front of a magistrate, during a preliminary hearing, and by the grand jury
Probable Cause
The jury is unable to agree, it's called this
The plea is not coerced or obtained through force or intimidation
The three parties conduct plea bargain
Name one major advantage/benefit of plea bargaining for the court
Name one major advantage/benefit of plea bargaining for the Prosecutor
--save time/resource; reduced caseload; improve court administration efficiency
--secure conviction rate
This burden of proof must be met to stop someone and detain them for questioning
Reasonable Suspicion
What can a defendant use to compel witness testimony?
A court subpoena
What does it mean for a guilty plea to be "intelligent"?
The defendant understands
1)the nature of the charge,
2)the possible sentence, and
3)the rights waived
What are the three pleas
What are the three types of plea bargaining commonly used by prosecutors?
•Count bargaining—Dropping and reduce the number of charges
•Charge bargaining—Lowering the degree of charges, substitute a negative charge for a more socially acceptable one
•Sentence bargaining—Reduce the duration of sentence (restriction applied by judges)
This burden of proof must be met during a civil case
Preponderance of the Evidence
What does “voir dire” mean in jury selection?
The process of questioning potential jurors to assess bias.
What are the three elements of a valid guilty plea
intelligent
voluntary
based on fact (factual basis)
What does Nolo Contendere means?
•It is a plea of guilty and can enter to the phase of sentence directly
•the outcome of plea of guilty can not be used as proof against the defendant in the subsequent civil lawsuits
•It encourages defendants to waive their constitutional right to trial, which put defendants in a disadvantageous position relative to the prosecutor;
•It allows dangerous offenders to receive lenient sentences
•Plea bargaining may also contribute to inefficiency (i.e., if the bargain is withdrawn or appealed)
•It raises the danger that innocent people will be convicted of a crime that they are not guilty of when they perceived a high risk of conviction upon going to a trial.
•A guilty-plea culture has developed among defense lawyers and prosecutors, who both persuade or compel defendants to plead guilty
This is the burden of proof for a conviction in a criminal case.
Beyond reasonable doubt
What are the two tests for assessing the ineffective assistance of counsel?
1.The Performance Prong– counsel’s performance was deficient; counsel made errors so serious that counsel was not functioning as the “counsel”
2. The Prejudice Prong– the deficient performance prejudiced the defendant
counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is unreliable
American Bar Association (ABA) prevents judicial participation in plea negotiation. That is, judges should not influence the prosecutor's and the defendant's decision in plea bargaining
There are two duties of the judge in plea bargaining
•Accept or reject a plea of guilty
•Check whether the procedure of a plea is proper
E.g. the defendant has been properly advised by counsel, the plea is voluntary and based on fact
The five rights are given up when a defendant accept a plea agreement
1) Right to remain silent
2) Right to a jury/bench trial
3) Right to confront/cross-examine the evidence and witness
4) Right to testify
5) Right to Appeal
How does race influence plea bargains?
Minorities are less likely than White defendants to receive reduced charge offers.
Which role(s) have the burden of proof to raise an affirmative defense like insanity?
The defendant has the burden to prove the both production (to introduce enough evidence to raise the defense) and persuasion (to convince the jury of the defense) for an affirmative defense like insanity
The six trial rights in the sixth Amendment
1. Right to public trial
2. Right to speedy trial
3. Right to impartial trial
4. Right to confront/cross-examine the evidence and witness
5. Right to compulsory process
6. Right to legal counsel
The prosecutor can have a change of mind--forfeit the plea agreement prior to this point. After pass this point, the prosecutor can not retract the plea agreement.
At which the court accepts the bargain