Chapter 11 (Exam 3) Criminal Justice

Define: "Habeas Corpus"

"The great writ" Judicial order requesting the release of a person being detained in a jail, prison, or mental hospital. If a judge finds the person is being held improperly, the writ may be granted and the person released or granted a new trial.

Define: "voir dire"

"to speak the truth" A questioning of prospective jurors I order to screen out people the judge or attorneys think might be biased or otherwise incapable of delivering a fair verdict.

What are three of the six functions that juries serve for the criminal justice system?

(1) Safeguard chickens against arbitrary law enforcement (2) determine the guilt of the accused (3) represent diverse community interests and values (4) serve as a buffer between accused and accuser (5) become educated about the justice system (6) symbolize the law

What is involved in the Appeal?

- Based on questions of procedure, not innocence or guilt - Many states provide for automatic appeal in death penalty cases - Most appeals do not succeed - Habeus corpus (the spefic document request for the case review... suggests that someone is wrongfully detained)

Who does a plea bargaining benefit?

- Defendants - Public Defender - Prosecutor - Judge

What are the Legal Issues in Plea Bargaining?

- Defendants must state that they are voluntarily making a plea of guilty - A plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains innocence - Prosecutors and defendants must keep promises - Prosecutors can threaten defendants

What is happening in the Decision?

- Jurors may be sequestered - Election of a foreperson - Proof beyond a reasonable doubt - The number of jurors that must agree depends on the case - Hung jury - Polling

What is the list of Criticisms of Plea Bargaining?

- Lack of due process - Punishments are not consistent with what is prescribed in law - Hidden from the public and judge - May breed disrespect and contempt for the law - Innocent people may be punished

What is the purpose of the the Jury?

- Prevents government oppression - Determines whether the accused is guilty on the basis of the evidence presented - Represents diverse community interests - Serves as a buffer between accused and accuser - Promotes knowledge of the CJ system - Symbolizes the rule of law and the community foundation that supports the CJ system

What is the structure of the Jury?

- Typically 12 members - Jury pool is chosen from authorized lists (State IDs mainly) - Voir Dire (The process of jury selection; "to speak the truth") - Challenge for cause - Peremptory challenge

What are the stages in the trial process?

1. Jury selection, attorneys' opening statements 2. Presentation of prosecution's evidence 3. Presentation of defense's evidence 4. Presentation of rebuttal witnesses 5. Closing arguments by each side 6. Judge's instructions to the jury 7. Jury's decision.

What are the Ten Rules for Members of a Jury?

1. Listen carefully and observe 2. Keep an open mind 3. Control your emotions 4. Do not discuss the case 5. Do not read, view or listen to media accounts 6. Do not talk with anyone related to the case 7. Do not investigate the case on your own 8. Report any problems to the court 9. Report emergencies to the court 10. Be on time for court

After using all appeals, what may an offender file in a petition for federal judicial review?

After convicted offenders have used all their appeals, they may file a habeas corpus petition to seek federal judicial review of claimed constitutional rights violations. In their cases, very few petitions succeed

How do some Americans analyze case trials?

Americans tend to presume that through the dramatic courtroom battle of prosecutors and defense attorneys, trials provide the best way to discover the truth about a criminal case.

What do appeals focus on?

Appeals focus on alleged errors of law or procedure in the investigation by police and prosecutors, or in the decisions by trial judges. Relatively few offenders win their appeals, and most of those simply gain an opportunity for a new trial not released from jail or prison.

How are the defendants benefitting from the plea bargain?

By definition they are not getting the maximum sentence... something short form it and predictable

Why do cases typically go to trial?

Cases typically go to trial because they involve defendants who are wealthy enough to pay attorneys to fight to the very end, or they involve serious disagreements between the prosecutor and defense attorney about provable facts and appropriate punishment.

What are the criticisms of plea bargaining?

Concerns about pressures on defendants to surrender their rights and concerns that society's mandated criminal punishments are improperly reduced.

What is the basis for an appeal of a conviction?

Convicted offenders can appeal, however, defendants who plead guilty, unlike those convicted through a trial, often have few grounds for an appeal.

How does the courtroom work group function?

Courtroom work groups, made-up of judges, prosecutors and defense attorneys who worked together can smoothly and efficiently handle cases through cooperative plea-bargaining processes.

What was the holding in Boykin v. Alabama (1969)?

Defendants must state that they are voluntarily making a plea of guilty

What was the holding in Ricketts v. Adamson (1987)?

Defendants must uphold the plea agreement or risk going to trial and receiving a harsher sentence

Define: "Circumstantial Evidence"

Evidence provided by a witness, from which a jury must infer a fact

Define: "Demonstrative Evidence"

Evidence that is not based on witness testimony but demonstrates information relevant to the crime, such as maps, X-rays, and photographs; includes real evidence involved in there crime

Define: "Direct Evidence"

Eyewitness accounts

Why would a defense attorney request a continuance?

If your client is not incarcerated, you're delaying the time till they have to go to jail. Make it more difficult for the prosecutor to connect the story.

What is implicit plea bargaining?

Implicit plea bargaining occurs when prosecutors and defense attorneys use shared expectations and interactions to settle the facts of a case and reach a resolution based on the going rate for sentences in the local legal culture.

Approximately what percentage of felony cases reach conclusion through a trial?

In most jurisdictions, only 3 to 4 percent of felony cases typically reach their conclusion through trials, altough there may be slightly higher percentages in a specific year or at a specific courthouse.

How is the prosecutor benefitting from the plea bargain?

It is a convict (a win) even if the punishment is not that severe. Portray that they can hold these perpetrators accountable to the community

Who is responsible for accepting a plea bargain?

It is up to the judge to decide whether they accept the plea agreement

Why does plea bargaining occur?

It serves the self-interest of all relevant actors: defendants gain certain, less than maximum sentences; prosecutors gain swift, sure convictions; defense attorneys get prompt resolution of cases; judges do not have to preside over as many time-consuming trials.

What has the Supreme Court dec decided concerning the size and unanimity requirements of juries?

Juries can have as few as 6 jurors, except in death penalty cases, in which 12 required, and convictions can occur through less-than-unanimous verdicts.

What was the holding in Williams v. Florida (1970)?

Juries of fewer than 12 members are permitted by the U.S. Constitution.

What factors can make a jury's decision different from that of a judge?

Jurors may discount cases in which they dislike the victims. Jurors may also be more sympathetic to self-defense claims. Judges are more likely to convict defendants on evidence that it is only moderately strong.

What is the difference between Jury Trial and Bench Trial?

Jury Trial is... Bench Trial is...

What is the misconception about cases going to trial and involving a jury?

Less than 10% of cases go to trial, and half of those are typically bench trials in front of a judge, not jury trials.

How is the public defender benefitting from the plea bargain?

More predictable outcome, less time for the their client, and reasonable

Why does a plea bargain occur?

Most convictions are obtained through plea bargains, a process that exists because it fulfills the self-interest of prosecutors, judges, defense attorneys and defendants.

Define: "Local Legal Culture"

Norms, shared by members of a court community, which center on how cases should be handled and how a participant should behave in the judicial process

Define: "Testimony"

Oral evidence provided by a legally competent witness

Define: "Real Evidence"

Physical evidence such as a weapon, records, fingerprints, stolen property... objects actually involved in the crime

What are the criticisms of plea bargaining towards defendants and offenders?

Plea bargaining has been criticized for pressuring defendants to surrender their rights and reducing the sentences imposed on offenders.

How does plea bargaining work?

Plea bargaining is facilitated by exchange relations between prosecutors and defense attorneys. In many courthouses, there is little actual bargaining, as outcomes are determined through the implicit bargaining process of settling the facts and assessing the going rate of punishment according to the standards of the local legal culture.

What are the kinds of evidence presented during a trial?

Real evidence, demonstrative evidence, testimony, direct evidence, and circumstantial evidence

What is a courtroom workgroup?

Regularly consisting of judges, prosecutors, defense attorneys, probation officers (POs), and treatment providers engage a collective, case management approach to decision making with shared power among team members.

Define: "Challenge for Cause"

Removal of a prospective juror by showing that he or she has some bias or some. legal disability. The number of the challenges permitted to attorneys is potentially unlimited.

Define: "Preemptory Challenge"

Removal of a prospective juror without giving any reason. Attorneys are allowed a limited umber of such challenges

What dictates the kinds of information and evidence presented in court?

Rules of evidence dictate what kinds of information may be presented in court for consideration by the jury. The types of evidence are real evidence, demonstrative evidence, testimony, direct evidence, and circumstantial evidence.

Why are similar cases treated differently in different cities?

Several factors can vary in different cities, including the structure of the courtroom workgroup and the influence of sponsoring organizations, which can affect such things in prosecution policies and public defender assignments.

What is the Right to Trial?

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

What issues concerning plea bargaining has the Supreme Court examined?

The U.S. Supreme Court has examined whether the defendant pleads guilty in a knowing and voluntary way, guilty pleas from defendants who still claim to be innocent, and prosecutors' and defendants' obligations to fulfill their plea agreements.

Why is there plea bargaining in the US court system?

The US Supreme Court has endorsed plea bargaining and addressed legal issues concerning the voluntariness of pleas and the obligation of prosecutors and defendants to uphold agreements.

Why are jurors chosen?

The US Supreme Court has ruled that juries need not to be made-up of 12 members, and 12 member juries can, if permitted by state law, convict defendants by supermajority vote instead of unanimous vote. Juries serve vital functions for society by preventing arbitrary action by prosecutors and judges educating citizens about the justice system, symbolizing the rule of law, and involving citizens from diverse segments of the community in judicial decision making.

How does a courtroom work group form and operate?

The courtroom work group is made-up of a judge, prosecutor, defense counsel and support staff assigned to a specific courtroom. Through the interaction of these Members, goals and norms are shared in a set of roles becomes stabilized.

What is a habeas corpus petition?

The habeas corpus process may be started after all appeals have been filed and lost. Convicted offenders asked a federal court to review whether any constitutional rights were violated during the course of a cases investigation and trial. If rights were violated, the person continued, detention in prison or jail may be improper.

What is the jury selection process?

The jury selection process, especially in the formation of the jury pool and the exercise of peremptory challenges often creates juries that do not fully represent all segments of the community.

What is voir dire?

The jury-selection process in which lawyers and/or judges ask questions of prospective jurors and make decisions about using peremptory challenges and challenges for cause to shape the jury's composition

How does the local legal culture affect criminal cases?

The local legal culture consists of norms that distinguish between one court and those in other jurisdictions. These norms dictate expectations about how members should treat one another and describe how cases should be processed

Define: "Reasonable Doubt"

The standard used by a juror to decide if the prosecution has provided enough evidence for a conviction

What are the stages of criminal trials?

The trial process consists of a series of steps: Jury selection. Opening statements, presentation of the prosecution's evidence, presentation of the defenses evidence, presentation of rebuttal witnesses, closing arguments, judges, jury instructions, and the jury's decision.

What is the local legal culture in the courtroom?

The values of the judge, lawyers, etc. Mostly dictated by the judge Dictates how formal or how informal it is

How is the judge benefitting from the plea bargain?

They dont have to plan for the trial and don't have to research the other options.

What is implicit plea bargaining in plea agreements?

They involve no guarantee of leniency... staying with the going rate (maybe make minor tweaks)

Why would a prosecutor request a continuance?

To have for time to build their case

Define: "Bench Trial"

Trial conducted by a judge who acts as fact finder and determines issues of law. No jury participates.

How does the appellate court's job differ from that of the trial court?

Unlike trial courts, which have juries hear evidence and decide if the defendant is guilty or not, appellate courts focus on only claimed errors of law or procedure in trial court proceedings .Victory in an appellate court may mean only a chance at a new trial, which often leads to a new conviction.

What is the going rate in the courtroom?

What the judge sees everyday; which case is most common and the basic/same rate it is charged. For a different/significant charge, it has to be very unique.

What was the holding in Santobello v. New York (1971)?

When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled

What is plea bargaining?

When the accused agrees to plead guilty, always for exchange of some leniency. Agreement between the defense and prosecution. Over 90% of cases involve a plea bargain. - Administrative necessity - Plea bargains are much more prompt - Reduces pretrial detention time - Expedites referral to treatment, counseling or education programs

Define: "Appeal"

A request to a higher court that it review actions taken in completed lower-court case.

Define: "Jury"

A panel of citizens selected according to law and sworn to determine matters of fact in a criminal case and to deliver a verdict of guilty or not guilty

What was the holding in North Carolina v. Alford (1970)?

A plea of guilty may be accepted for the purpose of a lesser sentence from a defendant who maintains his or her innocence.

What is the the Trial Process?

1. Selection of the jury 2. Opening statements (their perspective of the facts, the introduction to the judge) 3. Presentation of evidence (relevent demonstration of case information) 3a. Real evidence (Finger print, DNA, evidence used in comission of crime or at the time of crime) 3b. Demonstrative evidence (Demonstrates something about the scene of the crime; map, photo, blueprint) 3c. Testimony (oral evidence provided by legally competitent; written statements) 3d. Direct evidence (Eye-wittness of directly seeing the crime and their testimony) 3e. Circumstantial evidence (evidence of facts that the court can draw conclusions from or draw an inference on) 4. Rebuttal witnesses (After all the evidence is presented, both sides need to present a list of all their wittnesses, but either side could also call a rebuttal... someone who isn't on their list but was used in the presentation, can come in to critque) 5. Closing statements 6. Decision

What is the difference between a peremptory challenge and a challenge for cause?

A challenge for cause is based on an indication that a prospective juror cannot make a fair decision. Such challenges must be approved by the judge. A peremptory challenge can be made by the attorney without giving a reason, unless an allegation arises that the attorney is using such challenges systematically to exclude people because of their race or gender

Define: "Workgroup"

A collection of individuals who interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles that differentiates the group from others that facilitates cooperation.

What is the courtroom work group?

A court's local legal culture, which defines the going rates of punishment for various offenses, significantly influences the outcomes in criminal cases.

What is continuance in the courtroom?

A delay! That is only aproved by the judge. The postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge.

Define: "Continuances"

A norm described on how cases should be processed. An adjustment of a scheduled case until a later date.

Define: "Going Rate"

A norm described on how cases should be processed. Local court officials' shared view of the appropriate sentence for the offense, based on the defendant's prior record and other case characteristics.