Chapter Thirteen: Negotiated Justice and the Plea of Guilty

Slides:



Advertisements
Similar presentations
Criminal Justice Process: Proceedings Before Trial
Advertisements

Chapter Eight: JUDGES.
PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ
1 Negotiated Justice and the Plea of Guilty Chapter Thirteen.
Chapter 5 – Criminal Procedure. The Role of the Police The process by which suspected criminals are identified, arrested, accused and tried in court is.
PROSECUTORIAL DISCRETION: Plea Bargaining By: Katie Cobb and Summer Bailey.
Chapter Topics The Courtroom Work Group
Mainstream and Crosscurrents, Second Edition Chapter 10 The Disposition: Plea Bargaining, Trial, and Sentencing.
CHAPTER 3 Using Evidence to Determine Guilt or Innocence.
Chapter Two – Overview of the Criminal Justice Process Rolando V. del Carmen.
Crime Victims: An Introduction to Victimology Seventh Edition
Criminal Procedure: Pretrial
Chapter Two LAW and CRIME
Chapter Five: THE DYNAMICS OF COURTHOUSE JUSTICE
Vocabulary Indictment- Determines if there is enough evidence for a defendant to go to trial Arraignment- Defendant is officially informed of charges and.
Judicial Administration Text: America’s Courts and the Criminal Justice System : Neubauer, David W.; 9 th edition; Wadsworth.
PRETRIAL. Prosecutorial Review After arrest, prosecutor reviews case to decide what charges to make against arrestee Decide if there is enough evidence.
Steps in Criminal Cases Criminal Court Proceedings.
Pre-Trial Procedure.
Chapter 11 Pretrial Procedures.
Chapter 13: Criminal Justice Process ~ Proceedings Before Trial Objective: The student should be able to identify the required procedures before a trial.
ADR Alternative Dispute Resolution. Criminal Law vs. Civil Law Criminal LawCivil Law Deals with crime Deals with disputes between individuals/organizations.
Criminal Justice Process: Proceedings Before Trial
Alaska Mock Trial Glossary of Terms. Laws Rules created by society to govern the behavior of people in society. Among other things, the laws are one formal.
C RIMINAL J USTICE P ROCESS Proceedings Before Trial.
CJ227 Criminal Procedure Welcome to our Seminar!!! (We will begin shortly) Tonight – Unit 4 (Chapter 9 – Pretrial Motions, Hearings and Pleas) (Chapter.
The Courts “I know you’ve been sworn and I have read your complaints” Judge Wapner.
The Courts “I know you’ve been sworn and I have read your complaints” Judge Wapner.
Pretrial Proceedings Law and Justice Chapter 13. Booking and Initial Appearance Booking and Initial Appearance Booking and Initial Appearance Booking.
The American Justice System Essential Questions: What are the steps of the criminal justice system? What do police do? What are the pre-trial steps of.
Civil Cases & the Criminal Justice Process
Court Systems and Practices. 2 Copyright and Terms of Service Copyright © Texas Education Agency, These materials are copyrighted © and trademarked.
Court Systems and Practices. The student will be able to:  Define terms associated with the lesson.  Explain the purpose of our plea bargaining system.
U.S. Government Chapter 15 Section 3
Chapter 16 Lesson 2 Civil and Criminal Law. Crime and Punishment crime  A crime is any act that harms people or society and that breaks a criminal law.
1 Sentencing Decisions Chapter Sixteen. 2 Lady Justice Right hand: scales of justice symbolizing fairness in the administration of justice. Eyes: blindfold,
People of the Court Lawyers and Judges Prosecutor Federal State Local.
The Arizona State Court System. Jurisdiction State and Local Laws federal system allows states to deal with crime in a variety of ways Civil cases: between.
Chapter 13: Criminal Justice Process- Proceedings before the Trial
Unit 4 Notes. Judges act in three major roles: 1. Adjudicator – must assume a neutral stance between the prosecution and the defense. Must apply the law.
Courts, Crime and Controversy
Criminal Process Outline. Arrest Police investigate crime Suspect is arrested and interrogated Booked and allowed to call a lawyer or is appointed one.
Criminal Justice Process: Proceedings Before Trial.
Which of the five types of crimes are shown in the pie chart? Bell Ringer.
Criminal Procedure Chapter 16.2 Review. What is a crime? An action that breaks the law Felonies are serious crimes Misdemeanors are less serious crimes.
Understanding the Criminal Justice System CJUS 101 Chapter 8-A: Judges, Prosecutors, and Others at the Bar of Justice.
The Criminal Justice System
Constitutional Criminal Procedure
1.REMAND: when a case is sent back to a lower court for retrial 2.Criminal Case: a law has been broken 3.Civil Case: a disagreement between two parties.
Courts and Criminal Justice in America CHAPTER Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Copyright © 2015 by Pearson.
CHAPTER 13 Criminal Justice Process: Proceedings Before Trial.
The Criminal Justice System. Arrest Procedure The Arrest: To arrest a person the police must have probable cause. (reason to believe that criminal activity.
Chapter 16 Civil and Criminal Law. Chapter 16 Section 2 Criminal Cases.
Criminal Justice Process: Proceedings Before Trial – Chp 13 Booking – Formal process of making a police record of an arrest -Give private info such as:
CHAPTER 13 – CRIMINAL JUSTICE PROCESS: PROCEEDINGS BEFORE TRIAL.
Criminal and Civil Court The Basics. Steps in a Criminal Case 1.Investigation and Arrest:  Either may happen first.  It depends upon the crime.
Criminal Court Proceedings. Investigation Police gather evidence in the crime, in order to get an arrest warrant signed by a judge. Police may arrest.
Criminal Justice Process: Proceedings Before Trial Chapter 13.
Criminal Procedure You have the right to:
Criminal Court Process
Chapter Thirteen: Negotiated Justice and the Plea of Guilty
Criminal Justice Process
The Criminal Justice Process
CRIMINAL PROCEDUREESSAY SERIES ESSAY QUESTION #6 MODEL ANSWER
The Federal Court System & the Judicial Branch
CRIMINAL JUSTICE PROCESS: PROCEEDINGS BEFORE TRIAL
The Criminal Justice System
Copyright © 2019 Robert Costello. All rights reserved.
Presentation transcript:

Chapter Thirteen: Negotiated Justice and the Plea of Guilty

Plea Bargaining The process through which a defendant pleads guilty to a criminal charge with the expectation of receiving some consideration from the state.

(Major issue: Overcharging) Charge Bargaining The defendant pleads to a charge less serious than the one originally filed. The principal effect of a plea to a less serious charge is to reduce the potential sentence. (Major issue: Overcharging)

Count Bargaining The defendant pleads guilty to some, but not all, of the counts contained in the charging document. The principal effect of pleading to less counts is to reduce the potential sentence. (Major Issue: Concurrent v. Consecutive Sentences)

Sentence Bargaining The defendant pleads guilty knowing the sentence that will be imposed. The principal effect of a sentence bargain is to reduce the maximum sentence. (Major Issue: Perception of Leniency)

Questions: How do caseloads affect plea bargaining? What is the presumption of factual guilt? What are the costs and risks of trial?

it is not the issue of legal guilt that is most often in dispute, With plea bargaining, it is not the issue of legal guilt that is most often in dispute, but rather what sentence to impose on the guilty. (Major Issue: Individualized Justice)

Plea Bargaining and the Courtroom Workgroup Bargaining occurs between the prosecutor, the defendant, the defense attorney or public defender, and, sometimes the judge. (Major Issue: Conflicting Objectives)

Objectives of the Prosecutor The prosecutor normally controls the negotiating process. For example, the prosecutor can bargain or not bargain, he can threaten a more serious charge if the defendant does not plead, and he can force a “dangerous” defendant to plea on the nose or go to trial and suffer the trial penalty. The prosecutor can pursue strong cases and dismiss weaker cases. There is the certainty and finality of a conviction. A plea bargain minimizes the prosecutor’s risk with no trial. A conviction emphasizes deterrent objectives of law enforcement.

Objectives of Defendants The primary benefit of a plea is a lenient sentence. A common perception is that defendants who refuse to plead guilty receive harsher sentences. For those unable to post bail, a plea can mean an immediate release (either probation or for time served).

Objectives of Defense Attorneys The defense attorney must assess the guilty plea offer and weigh the costs. The defense attorney negotiates the terms. The defense attorney counsels the defendant. The defendant may or may not accept the offer. The defense attorney tries to get the best deal possible for the defendant.

Objectives of Judges The judge is dependent on the prosecutor, and to a lesser extent, the defense attorney, for knowledge about the case. The courtroom workgroup negotiate dispositions that incorporate the judges expectations. Judges may reject a plea agreement, but rarely do. Judicial participation varies greatly from state to state, from actively involved to merely ratifying agreements.

Decision Making Norms Seriousness of the Offense I Prior Record Consideration of the following shared norms structure plea negotiations: Seriousness of the Offense I Prior Record The Strength of the Prosecutor’s Case, i.e., the Evidence.

Questions: Which cases are more likely to go to trial? When do defense attorneys recommend a trial? What is the importance of the Supreme Court case Bordenkircher v. Hayes (1978)?

A plea of guilty infers the following: The Plea A plea of guilty infers the following: Admission of guilt Waiver of the presumption of innocence Waiver of the right to a jury trial Waiver of the right to confront witnesses Waiver of the right to self-incrimination

The judge must question the defendant on the following issues: Accepting the Plea The judge must question the defendant on the following issues: Boykin v. Alabama (1969) Whether the defendant’s plea is intelligent and voluntary. Whether the defendant understands the nature of the charge and the possible punishment upon conviction. Whether any threat was made. Whether the defendant is satisfied with the services of defense counsel. Whether the defendant understands the forfeiture of a jury trial.

Recording the Plea Boykin Form: plea of guilty. Federal Rules of Criminal Procedure: plea agreement - federal courts. (Defendants can withdraw a guilty plea; however, defendants must live up to their end of the plea agreement.)

What is a plea of nolo contendere? Questions: What is a plea of nolo contendere? What is an Alford plea?

Attempts to abolish plea bargaining often produce a number of offsetting changes. What is the “hydraulic” effect? How would it control discretion?

Plea bargaining is best understood, not as a response to the pressure of caseload, but as an adaptation to the realities of the types of cases requiring court disposition.