Prosecutors & Defense
While DA could stand for Defense Attorney, it is typically used to abbreviate what type of prosecutor?
District Attorney
When a defendant elects to not have a trial by peers (a jury) and instead be tried by a judge/panel of judges what is this type of trial called?
Bench Trial
Which state recently abolished a cash bail system?
Illinois
Define what a plea bargain is in one brief statement.
*answer will vary*
*ex: a negotiation in exchange for a guilty plea one will typically get a lesser charge and/or sentence.
This type of jury determines whether or not someone can be indicted of a crime. In other words, whether or not there is enough evidence to charge someone with the crime.
Grand Jury
The prosecution represents the ______ while the defense represents ________.
State, County, District, United States
Defendant/person accused
State Judges are usually ________, while federal court judges are ______ by the President of the United States.
*hint- how do judges get their positions?
elected; appointed
Articulate the difference between bail and bond.
Bail: dollar amount/conditions set by the court to ensure you show back up for court.
Bond: financial pledge you make with an agency (bail bonds agency) so they may your bail amount on your behalf.
~90%
Typically, how many members serve on the jury for trial?
6-12; this number does vary by state. Federal cases will guarantee 12 members of the jury.
This rule helps keep prosecutors "in check" by making it illegal for prosecutors to keep evidence from defendant that might prove their innocence.
Brady Rule
How do judges determine one's sentence?
hint *What are the names of the documents/materials referenced in this decision?
Sentencing Guidelines
State's Revised Code (ex: Ohio Revised Code)
Describe what a Release on Recognizance (ROR) means....
If judge decides you are unlikely to “bail”, you may be released on recognizance (ROR)
Released at no cost, only promise to return to court
Common, but generally reserved for misdemeanor offenses
List all actors involved in determining a plea negotiation.
Prosecution
Defense
Defendant
Judge
This is what it is called when the jury cannot make a unanimous decision. A _______ jury
Hung
Discuss 3 issues seen in Wednesday's class about the "Crisis in being a Public Defender"
*answers will vary
Ex: overworked, giant caseloads, understaffed, too many people to represent coming into the CJS, not a lot of support, paid less than private attorneys or prosecutors...
Discuss why the judge is referred to as "the referee of the courtroom"
*Looking for examples of how judges keep order
What are 2 pros and 2 cons of having a bail bonds agency post your bail on your behalf.
Answers will vary- Pros: you get out, your family does not have to spend their own money (minus fees).
Cons: lose fees when you show up for court, may have additional stipulations, room for corruption, may lose collateral (house/car) if you don't show up for court.
Plea negotiations support which major model in the criminal justice system?
hint *out of the two models discussed*
Crime Control model
Name three reasons you may be exempt from jury duty
economic hardship
personal opinions
felony conviction
family issues
gov't worker, police, military, fire
certain physical/mental health concerns
Discuss two examples of pretrial motions that the defense can file.
§Case to be dismissed due to lack of evidence
Evidence to be suppressed if obtained illegally
Change of venue
Invalidation of a search warrant
To dismiss due to delays in bringing it to trial
Any evidence the prosecutor may be withholding
Discuss 4 tasks that a judge has before a trial actually occurs.
Many!
•Is there sufficient probable cause to issue a search or arrest warrant?
•Is there sufficient probable cause to authorize electronic surveillance?
•Is there enough evidence to justify the temporary incarceration of suspect?
•Should defendant be released on bail? What should the bail be set at?
•What pre-trial motions should be set in place (i.e. what evidence or witnesses can be used or kept out of trial)
•Plea bargain?
Teach/instruct jury/role in jury selection
Discuss in detail, at least three contexts that may influence a judge's decision when considering bail.
1.Judge primarily makes decisions based on seriousness of current crime; bail decisions made within 48 hours of arrest; not enough time to look over criminal history
2.Risk – judge doesn’t know if they will return to court, nor does the judge know if they will commit another crime when out on bail
3.Jail overcrowding – impractical to keep folks in jails who don’t pose a serious threat to public safety… after all… they haven’t (yet) been convicted of a crime
Please discuss three pros and three cons of a defendant taking a plea deal.
Pros:
Quick, easy, efficient
Lightens load of prosecutor/judge
Assures conviction (even if lighter sentence)
Avoids long and expensive trials
Could lead to “bigger fish to fry”
Cons
Unwarranted leniency
Coerces suspects to surrender amendment rights
6th: right to trial
5th: self-incrimination
Prosecutors desire to “win” causes them to overcharge in order to gain bargaining leverage.
Please discuss three pros and three cons of having a jury by your peers.
Pros
Protects us from a corrupt state/ prosecutor/ government
Job of jury is to look at evidence and “find the truth”
Helps assure that trials are “fair”
Having a jury of peers should guarantee diverse perspectives will hear your case
Gives regular Americans chance to participate in the criminal legal process
Drawbacks
Jurors don’t understand the nuances of law
Might make decisions based on emotion instead of objectivity
Might make decisions based on other external factors (ex: they just want to go home)
Court players can manipulate who is on jury