The Criminal Justice System 3.1 – So you’re going to trial…. Friday February 21, 2014

Objectives: SWBAT Identify the pretrial motions of the CJS Analyze the controversy surrounding plea bargains

So you’re going to trial…. The Sixth Amendment guarantees you the right to a trial by an impartial jury You can waive your right a couple ways Plead Guilty Ask for a “Bench Trial” – only a judge present

Grand Jury vs Preliminary Hearing The Grand Jury Used in all serious Federal cases Used in roughly half the states The state presents its case to a jury The jury decides if there is enough evidence to proceed The ruling is called an indictment

The Grand Jury Rules The defendant has no right to be present Nor does his attorney No judge is present either The state does not need to present ALL the evidence The normal rules of evidence do not apply The point of this: The grand jury acts as a check on government action, If the jury does not feel that the state has the evidence to go forward with a trial the case stops there.

Arraignment and Pleas After the indictment has passed, Arraignment The defendant hears the full list of formal charges levied against them Enters a formal plea Pleas Guilty Not Guilty Nolo Contendre No Contest – I do not admit guilt, but I am not fighting the charges

Plea Bargaining The state makes a concession on the punishment in exchange for a plea of guilty The choice you have to make: Take a risk in court and a harsher sentence Waive my right to a trial and go directly to jail

Consider the following

Exit Ticket – Yeah, sure, I did it You are arrested and charged with burglarizing Poly (the senior class dues moneybox has been stolen). The total amount taken is well over $5,000. You have a couple instances of shoplifting on your record already, so there is a history. There is evidence putting you at the scene, but the evidence linking you to the crime is weak at best You are offered a deal, plead guilty to petty larceny, one-year of suspended sentence with one year of community service with probation. But the guilty plea is on your record forever. Would you take the deal? Why might someone plead guilty to a crime they didn’t commit? Would you take the deal? Why might someone plead guilty to a crime they didn’t commit?