Exam 3 - Judicial Process

Distinguish between the three most common types of plea agreements

charge bargain, count bargain, sentence bargain In a charge bargain, the defendant pleads guilty to a less serious charge than the one originally specified. In a count bargain, the defendant pleads guilty to a few of the charges in the indictment or bill or information. In a sentence bargain, the defendant pleads guilty in anticipation of leniency in sentencing.

Explain why the crime control model opposes plea bargaining and why it differentiates from the due process mode

Adherents of the crime control model of criminal justice oppose plea bargaining because they believe defendants get off too lightly. On the other hand, adherents of the due process model of criminal justice oppose plea bargaining because they believe that innocent defendants might be forced to plead guilty to a crime they did not commit.

Identify the types of evidence subject to mandatory criminal discovery.

-All potentially exculpatory evidence must be disclosed to the defense. -This includes any prior inconsistent statements of prosecutorial witnesses, as well as all impeachment evidence that might cast doubt on a witness's credibility.

Analyze the effect of the exclusionary rule on the operations of the courtroom work group.

-Because pretrial motions to suppress evidence are relatively rare, the exclusionary rule does not generally impact the operations of the courtroom work group in most cases. -However, when questions about the constitutionality of a search or seizure arise, the defense attorney takes charge of the situation by filing a motion to suppress .- In somewhat of a role reversal, these motions have the effect of putting the prosecution on the defensive. -Moreover, they ultimately cause a judge to have to rule on the credibility of testimony offered by law enforcement officers .- Depending on whom the judge believes, the relationships within the courtroom work group can be significantly strained.

Summarize how the decision in Miranda v. Arizona regulates the process of police interrogations of suspects

-Before a suspect in police custody is interrogated, the suspect must be informed of his or her rights under the Fifth Amendment's Self-Incrimination Clause, namely that the suspect has the right to remain silent and the right to have coun- sel present during an interrogation.- Moreover, the suspect must be told that the consequence of voluntarily waving these rights will result in the prosecution being able to use anything the suspect says at trial.-If the suspect invokes his or her Miranda rights, questioning must stop.

Explain the reasons why the process of discovery exists in both civil and criminal cases, but is significantly curtailed in the latter.

-Discovery is designed to give both parties to a legal dispute a good idea about the evidence that will be presented at trial .- Not only does this exchange of information prevent surprises, but also it facilitates resolutions without trial, such as the settlement of a civil case or a plea bargain in a criminal case. -Discovery, however, is limited in criminal cases, since the prosecution bears the burden of persuasion to prove a defendant guilty beyond a reasonable doubt, and the defendant is protected against being forced to incriminate himself/herself .- If the defense had to disclose evidence to the prosecution, the privilege against self-incrimination would be rendered meaning- less.

Differentiate formal and informal discovery and the reasons why both are used in criminal cases.

-Formal discovery in criminal cases concerns the exchange of information mandated either by the rules of procedure or applicable law .-The crux of mandatory discovery in criminal cases concerns prosecutorial disclosure of exculpatory evidence to the defense. -Informal discovery concerns the disclosure of information not mandated by law. -It occurs frequently because it often facilitates a prompt resolution of a dispute without the need for trial (i.e., either the prosecutor drops the charges in light of exculpatory evidence disclosed to it by the defense, or the defendant pleads guilty once the strength of the prosecution's case becomes evident)

Identify the major exceptions to the Fourth Amendment's warrant requirement.

-Police may conduct warrantless searches when granted consent to search by someone with actual or apparent authority to grant such consent; - when incident to a lawful arrest -when items are in plain view or in open fields -when probable cause exists to search a motor vehicle-or when emergency situations make it impracticable for police to seek and obtain a warrant first.

Evaluate whether the exclusionary rule should be abolished.

-Supporters of the exclusionary rule argue that the rule is the only effective deterrent against police misconduct. -Thus, they assert that the rule must be preserved in order to guarantee that our constitutional rights are honored .- In contrast, those who want to see the exclusionary rule abolished argue that the threat of civil lawsuits should be enough to deter police misconduct. -Moreover, they assert that the rule "costs" too much, in that it operates to prevent juries from considering highly relevant evidence, which, in turn, sometimes operates to allow the guilty to go free.

Compare and contrast the exclusionary rule and the fruit of the poisonous tree doctrine.

-The exclusionary rule bars evidence from being used in the prosecution's case-in-chief if it was obtained in violation of a defendant's constitutional rights. VS. The fruit of the poisonous tree doctrine bars derivative evidence found as a result of the violation of a defendant's constitutional right from being used in the prosecution's case-in-chief unless the evidence is so far attenuated from the constitutional violation that its use would not offend due process.

Explain the requirements governing the application for search warrants, the issuance of search warrants, and the execution of search warrants.

-When law enforcement officers want to conduct a search for evidence, the Fourth Amendment generally requires them to seek a warrant .- They apply for a warrant by swearing to the facts they know, usually in an affidavit .-A magistrate then considers those facts to determine whether there is probable cause to authorize the search of a particular place or person for particular evidence connected to a specific crime. -If such a warrant is issued, the police must execute the warrant quickly and in a reasonable manner.

Discuss how arrests made by the police impact the criminal court process

1. If the police fail to gather enough evidence, it will be difficult to gain a conviction. 2. The increase in the number of arrests has swollen the dockets of the courts.

Delineate the three major reasons for case attrition.

1. Legal judgments(lack of evidence) 2. Policy Priorities (some cases are considered too minor) 3. Personal standards of justice (courtroom work group's attitude on what actions should be punished)

List the four most common ways that defendants secure pretrial release.

1. Release on recognizance (ROR) 2. Cash bond 3. Property Bond 4. Bail bond through the services of a commercial bail agent

List the four ways that criminals are formally charged in court and the major actors in each of these important documents.

1. a complaint signed by the victim 2. Bill of information filed by the prosecutor 3. Arrest warrant prepared by the police 4. True bill issued by a grand jury

Indicate why a few cases go to trial but most defendants plead guilty.

Defendants and their lawyers will opt for a trial if they think the case factually presents a reasonable doubt or if the prison sentence will be high.

Explain why some jurisdictions use grand juries extensively and others do not.

Some jurisdictions require grand jury indictments in all felony cases and other jurisdictions only require a grand jury for some cases.

Boykin v. Alabama

In Boykin, the Court held that a plea of guilty was more than an admission of guilt and also involved the waiver of important constitutional rights. As a result, a defendant must knowingly waive his or her constitutional rights before a plea of guilty is accepted.

Compare and contrast "law on the books" and "law in action" approaches to bail setting, including the overall effects of the bail system on criminal defendants and their cases.

Law on the books expresses a strong preference for bail unless clear and convicting evidence establishes that: (1) there is a serious risk that the person will flee; (2) the person may obstruct justice or threaten, injure, or intimidate a prospective witness or juror; or (3) the offense is one of violence or one punishable by life imprisonment or death. In contrast, law in action affects bail setting in terms of uncertainty, risk, jail overcrowding, and situational justice. How these factors coalesce in a bail decision affects the processing of criminal defendants in terms of jail conditions, disparate impact on racial and ethnic minorities, the failure of some defendants to appear in court as promised, and case disposition

Contrast how the "law on the books" approach to criminal justice and the "law in action" perspective offer contrasting views of the preliminary hearing.

Law on the books focuses on establishing probable cause while Law in action assumes most cases will proceed anyway

List the major reason each of the members of the courtroom work gorup engages in plea bargaining

Prosecutors want to gain convictions. Defense attorneys seek leniency. Judges feel pressure to move cases.

Discuss the three major factors influencing bargaining and discretion.

The three majors factors influencing bargaining and discretion are the presumption of factual guilt, the costs and risks of trial to all parties, and the question of what sentence to impose upon the guilty

Explain the role bail agents play in the criminal justice system.

They provide a specialized form of insurance and makes a profit by focusing on low-risk offenders accused of less serious crimes.

Describe the four layers of the criminal justice wedding cake.

Top-Bottom 1. Celebrated cases 2. Serious felonies 3. Lesser felonies 4. Lower depths (misdemeanors)

Define the two methods of estimating the amount of crime in the United States.

Uniform Crime Reports, based on crimes reported to the police National Crime Victimization Survey, based on self-reports from households.