Chapter 10

1. Chapter 10 The Disposition: Plea Bargaining, Trial, and Sentencing

2. Plea Bargaining • Not concerned with determining guilt or innocence. • Allows the defendant and the prosecution to efficiently determine the amount of punishment without the expense of a jury trial.

3. Plea bargaining • Vertical plea • Horizontal plea • Reduced-sentence plea • Avoidance-of-stigma plea

4. Plea bargainingVertical plea By pleading guilty or nolo contendere to a lesser included charge, the defendant can reduce the potential for a harsh sentence.

5. Plea bargaining Horizontal plea The defendant will plead guilty to a charge in exchange for other charges being dropped.

6. Plea bargaining Reduced-sentence plea The prosecutor, defense attorney, and judge might decide on a reduced sentence.

7. Plea bargaining Fundamental issues • Presumption of factual guilt • Costs and risks of trial • What to do with the guilty

8. The Trial • Indictment • Defendant's plea • Prosecution opening statement • Defense opening statement • Witnesses and evidence presented • Defense closing arguments

9. The Trial • Prosecution closing arguments • Judge's instructions to jurors about procedures • Judge's instructions to jurors about verdicts • Final verdict • Defendant released if acquitted or sentenced if convicted

10. The Trial • Pretrial motions • Opening arguments • Presentation of witnesses & evidence • The case goes to the jury • Evidence • The defense doesn't rest

11. CrossCurrents The trialEvidence that can’t be used • When a defendant is set free because of a legal technicality, the exclusionary rule might be the reason. • The exclusionary rule covers three types of evidence: the identification of suspects, confessions in which the Miranda rules apply, and some searches.

12. The TrialPretrial motions • Motion for dismissal of charges • Motion for continuance • Motion for discovery • Motion for severance of defendants • Motion for severance of offenses

13. The TrialPretrial motions • Motion for the suppression of evidence • Motion to determine competency • Motion for change of venue

14. The TrialOpening arguments • The prosecution makes the first opening argument. • No evidence is presented. • The defense counters the prosecution's outline of the case.

15. The TrialPresentation of witnesses & evidence • The prosecution begins the presentation of the case by introducing evidence and witnesses. • Defense may cross-examine. • Prosecution may redirect examination.

16. The TrialPresentation of witnesses & evidence • Defense may request re-cross-examination and/or directed verdict of acquittal. • Defense presents evidence & witnesses • Summation

17. The TrialCase goes to the jury Serving on a jury allows citizens to participate in the criminal justice system as a check-and-balance against government power.

18. The TrialCase goes to the jury Steps of jury selection … • Master jury list • Venire • Voir dire

19. Case goes to the juryVoir dire The defense attorney or prosecutor can attempt to exclude a juror by … • Challenge for cause • Peremptory challenge

20. The TrialEvidence • The prosecutor must base a case on evidence. • The prosecutor must prove beyond a reasonable doubt that the defendant is guilty.

21. The TrialEvidence Classifications of evidence • Real evidence • Testimony • Direct evidence • Indirect evidence

22. The TrialThe defense doesn't rest • Reasonable doubt • Defendant testimony • Alibis • Affirmative defense • Challenging scientific evidence

23. Rights & wrongs in the courthouse The rights enjoyed by defendants in criminal trials are derived from the Constitution, specifically the Bill of Rights.

24. Rights & wrongs in the courthouse • I know my rights • Victims' rights

25. Rights & wrongs in the courthouseI know my rights • Right to a speedy trial • Right to confront witnesses • Right against self-incrimination • Right against excessive bail • Right to an impartial jury

26. Rights & wrongs in the courthouseVictims' rights When a prosecutor charges a suspect with an offense, it is considered an offense against the state even though there is most likely a human victim as well.

27. Sentencing • Indeterminate sentencing • Determinate sentencing • Mandatory minimum sentences

28. Sentencing the offenderIndeterminate sentencing • The parole board has the discretion to determine when the offender is ready for release. • Based on the medical model of corrections • Popular during the 1950s and 1960s

29. Sentencing the offenderIndeterminate sentencing Three assumptions … • The offender is sick and prison staff can diagnose the problem. • The prison can treat the problem. • The staff and parole board can determine if the inmate has been successfully treated.

30. Sentencing the offenderDeterminate sentencing • Laws restrict the discretion of criminal justice decision-makers. • The perceived advantage is uniformity. • Presumptive sentencing allows judges some departure from the guidelines.

31. Sentencing the offenderDeterminate sentencing

32. CrossCurrents Sentencing the offenderSpecial interest laws • Groups and individuals can affect lawmaking. • Examples include: drunk-driving laws, hate-crime laws, and sex-offender laws.

33. Sentencing the offenderMandatory minimum sentences • Weapons violations • Repeated drunk driving • Drug sales and drug kingpin laws • Three-strikes laws • Truth in sentencing

34. Questions • What are the four types of pleas? • Explain the major pretrial motions. • What are voir dire and venire?