PS 305 Final Exam Set: NCSU Spring 23' (Edwards)

What are the functions of a jury?

- "triers of fact" who determine guilt of the criminal side and liability on the civil side - determine the damages in civil matters (rarely in criminal cases) - lend credibility by representing the community in a system otherwise dominated by a small group of professionals

What are the different types of bail? What is the most commonly used type of bail?

- Cash Bail - Privately Secured or Surety Bail: you can get out of jail by paying 10% of bail above $1,000 in what's known as a surety. (Most used) - Percentage or Deposit Bail: DEPOSITING 5 PERCENT OF THE AMOUNT OF BAIL WITH THE COURT. - Unsecured Bail: typically granted to people who do not have criminal records and may be first time offenders - Release on Own Recognizance (ROR): they can get bail without paying bond. A defendant will need to sign a written promise to show up at their scheduled court appearance. - Conditional Release: contingent upon obeying conditions under threat of return to detention under reduced due process protections.

What is at least one problem with the bail system?

- Cash bail disrupts current employment and creates barriers to future employment. When people are unable to afford cash bail and so remain incarcerated until their trial date, their ability to maintain employment is at risk - Still always a risk the individual will go on the run

what are the three types of charging documents?

- Complaint - An Information - Indictment

What happens in the arraignment?

- Defendant may be notified of his rights again, and is finally asked to enter a plea: Guilty or Not guilty, and in some jurisdictions, no contest.

What is the function of bail?

- Discourage defendants from fleeing before trial. - Today also seen as serving public safety function. (Not a form of punishment/Innocent before proven guilty)

What are the prosecutorial advantages?

- He or she is the one who decides to take the case to the grand jury in the first place - only probable cause needs to be shown - the defense is not present - evidence inadmissible at trial is admitted - often only a simple majority vote is required - there's no public oversight.

Why would a police officer make an arrest without the intent of prosecution?

- Illegal goods out of suspect's possession - Suspect may have to spend a night in jail EX. when evidence such as drugs or weapons can't be seized legally, the police will make the arrest and seize the evidence anyway

During the sentencing, what are the four principal forms of punishment?

- Imprisonment - Probation - Fines - Death Penalty on Rare Occasions

What are some criticisms of the jury system?

- Juries in Decline - Expensive - Time consuming - Jurors sometimes act based on emotions not the facts Prejudice. - jurors can have difficulty understanding the law - they may also have difficulty understanding complex fact patterns - dominant personalities can have an inordinate amount of influence on a jury

What are potential reforms of plea bargaining?

- Making process more transparent for the public. - Ensuring that the defendant fully understands what is involved - More bench trials i.e. in Philadelphia - In Connecticut, judges often actively mediate plea negotiations, sometimes leaning in with personal opinion on an offer's merit - In Texas and North Carolina, along with a few other states, both sides share evidence prior to a plea - One reform suggests standardizing the plea process nationally, replicating some of these things across state lines. - structured sentencing

What is meant by the clearance rate for police?

- Most crimes never make it to the arrest stage - Only 50% of felonies committed are reported - Only 20% of the reported felonies result in an arrest - For every 1,000 felonies committed only about 500 are reported and roughly 100 of those result in arrests.

When can a police officer make a warrantless arrest?

- No warrant is required for a felony arrest in a public place, even if the arresting officer had ample time to procure a warrant, so long as the officer possessed probable cause that the suspect committed the crime. - "hot pursuit" of a fleeing felon. - misdemeanors committed in front of police officer

Why use bail/what is the purpose?

- People who make bail and are free pending trial are less likely to be convicted and if convicted less likely to receive active incarceration. - Individual can provide more active assistance in his or her own defense - Family life is less disrupted - Jobs are not lost - Stigma attached to incarceration is avoided.

What are the two factors that impact the sentence?

- Prior record - Severity of the crime

Where do we see evidence of police discretion?

- Seen in warrantless in-home arrests - A police officer who is in hot pursuit of a fleeing suspect who runs into a house or apartment will not generally be required to break off the chase and obtain a warrant. - A police officer who believes that someone in the home is in danger and gains entry for that reason may then arrest the owner without a warrant. - A police officer who is let into the home by someone answering the door may make the arrest without a warrant.

What are the unintended consequences of plea bargaining?

- Sparse oversight of the process which invests prosecutors with broad, opaque powers - Judges are not regularly allowed to take part when a plea deal is made - Written records of a deal are almost never required. - Though jury trials demand proof of guilt beyond a reasonable doubt, pleas follow no standards of evidence or proof. - The prosecutor offers a break in exchange for a guilty plea, the defendant decides whether to take it without knowing the merits of his case. i.e. what if there was an error in gathering of the evidence?

What are the qualifications to be a juror?

- be a United States citizen - be at least 18 years of age - reside primarily in the judicial district for one year - be adequately proficient in English to satisfactorily complete the juror qualification form

What could limit a person's eligibility to be a juror?

- have no disqualifying mental or physical condition - not currently be subject to felony charges punishable by imprisonment for more than one year - never have been convicted of a felony (unless civil rights have been legally restored) - cannot be in military, fire, police, or public officers

Will a trial that ends in a hung jury be retried? Why or why not?

- hung jury does not preclude a retrial - It is up to the prosecutor whether the case is worth retrying political and monetary reasons makes it vary

What happens in the initial appearance?

- is advised of their rights - If appropriate, will have bail set. - may be determined if the suspect qualifies for a court appointed counsel.

What happens after the arraignment?

- motion for a change of venue - motion to dismiss based on defects in the institution of the prosecution - motion to dismiss for denial of a speedy trial or double jeopardy - a motion for discovery - a motion to suppress evidence based on the 4th Amendment

What is the potential impact of the police in plea bargaining?

- not getting more information from the trial - not being able to connect cases or individuals - lighter sentence for deserving criminals

What are some suggestions for jury reform?

-Allowing jurors to take notes -Allowing jurors to ask questions -Ending occupational exemptions from jury duty -Introducing a one day one trial system -Increasing jury compensation -Requiring employers to pay jurors their regular wages for time missed serving jury duty -Efforts to minimize costs to jurors by providing reduced parking, daycare and reimbursing transportation.

Of the felonies reported, how many end up in arrests?

20%

Within how many hours does a bail decision usually have to be made after the arrest?

24 to 48 hours of the arrest

Out of 1000 felonies committed, what percentage are reported?

50%

Approximately out of 100 arrests made, how many end up in trial? What is the approximate percentage of cases that get plea bargained?

55 98%

What are the three forms of plea bargaining?

A charge bargain: means the severity of the crime charged is reduced A count bargain: number of counts of a certain charge are reduced A sentence bargain: simply means an agreement to reduce the severity of the sentence, perhaps from a short period of active incarceration to intensive probation

Why is plea bargaining most likely NOT going to occur after the start of the trial?

A plea bargain implies an exchange of a guilty plea by the defendant in exchange for some consideration granted by the prosecutor

What is the impact of the vanishing trial?

A response caused by congressional sentencing guidelines and the increased use of mandatory minimum sentences, which transferred power to prosecutors, and discouraged defendants from going to trial, where, if convicted, they might face harsher sentences.

How many people who are out on bail commit some form of misconduct while awaiting resolution of their case?

Around 30-50% of people do commit some sort of misconduct

Which amendments talk about juries? What do they say?

Article III of section 2: the trial of all crimes, except cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed 6th amendment: in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed 7th amendment: the right to trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the US than according to the rules of common law

What is the point of "unsanctioned punishment" or "the process as punishment?"

Being subject to the criminal justice system and partially going through the process can amount to de facto punishment - There is the humiliation of the arrest and - The stigma that may attach to it - The time spent in jail - The money spent on bail and an attorney - Time lost at work and the general disruption in one's life.

Blackledge v. Allison (1976)

Blackledge v. Allison b. precedent: legitimized plea bargaining c. benefits: defendant avoids extended pretrial incarceration and the anxieties and uncertainties of a trial; he gains a speedy disposition of his case, the chance to acknowledge his guilt, and a prompt start in realizing whatever potential there may be for rehabilitation. Judges and prosecutors conserve vital and scarce resources. The public is protected from the risks posed by those charged with criminal offenses

When does plea bargaining occur?

Can begin any time, from shortly after the arrest until the time of trial (normally after the arraignment though)

What are Nardulli's Categories of Plea Bargaining?

Consensus Model: - Little or no actual bargaining - These are often less serious offenses with a defendant that has no criminal record or a relatively minor one - There is a "going rate" or standard deal for cases like this Concession Model: - There is active bargaining - More likely to take place when the crime is more serious and the defendant has a longer criminal record - Everything is up for negotiation

How is the civil trial different than the criminal trial?

Differences: - there is no constitutional right to counsel - there is no federal constitutional right to a jury trial applied to the states - when there are juries, they do decide damages. - burden of proof is much lower

What are the two types of testimony?

Direct: there is an eyewitness Circumstantial: refers to evidence which permits conclusions that indirectly establish the existence or nonexistence of a fact or event.

What do we mean by "unsanctioned punishment" or "the process as punishment?"

Even if there is no physical evidence to seize, the police may make the arrest seeing it as a form of "unsanctioned punishment."

What are the two types of preventative detention?

Formal refers to those few situations where the Supreme Court in the Salerno case stated it is permissible to not set bail at all. Where the individual involved presents an "identified and articulable threat to an individual or the community" then no bail need be set. The informal method is the one that has been used historically. This is where the judge simply sets the bail at a level he or she is almost certain the defendant can not meet. This can be a simpler and faster process than that required for formal preventive detention. used when formal cannot be used.

Why would a prosecutor sometimes go to a grand jury with a case even if he knows its going to end up in a "no true bill?"

If the public, or a segment of the public, is outraged about it the prosecutor may use a grand jury for political cover.

What happened in Santobello v. NY (1971)? What are the facts of the case and the outcome?

In 1969, the State of New York indicted Rudolph Santobello on two felony counts. After Santobello pled not guilty to both counts, the prosecutor offered him a plea deal. In order to receive a lighter sentence, Santobello could plead guilty to a lesser offense. The prosecutor further agreed not to recommend a sentence to the judge. Santobello accepted the deal and entered a plea of guilty to the lesser offense. After several months, Santobello still had not been sentenced. By the time the court considered his sentencing, both Santobello's defense counsel and the original prosecutor had been replaced. The new prosecutor, unaware of the previous prosecutor's plea offer, recommended the maximum one-year sentence for Santobello's crime. Despite Santobello's objections, the court issued the maximum sentence. Santobello appealed, but the appellate court affirmed his conviction."

What is the relationship between the police and the prosecutor at this initial hearing stage?

In communities where prosecutors choose to control the filing of criminal charges...a substantial percentage 1/3 to ½ of persons arrested are released without the filing of criminal charges. Police resist prosecutorial control...every arrest rejected by prosecutor is viewed as an implicit criticism of the arresting officer.

What happened in Boykin v. Alabama (1969)? What are the facts of the case and the outcome?

In the spring of 1966, a series of armed robberies were committed in Mobile, Alabama. In two instances a gun was fired, and one person was injured when the bullet ricocheted off the floor. The petitioner, 27-year-old Edward Boykin, Jr., was arrested on five counts of robbery. He was provided with court-appointed counsel and pled guilty on all five counts. The judge did not ask Boykin whether he entered his plea knowingly and voluntarily, nor does the record show that Boykin was aware of his rights to trial by jury and to confront his accusers.

What doesn't the Constitution say about juries?

It doesn't say anything about the jury size or unaminities, or peers, or representation

What is the master wheel?

Master wheel: a figurative term designating all names being randomly selected directly from official source lists in a manner described in this Plan.

What's the difference in this process when it's a minor crime versus a major crime?

Minor Crimes: - for minor crimes the initial appearance is often the only courtroom encounter Major Crimes: - for defendants accused of major crime the initial appearance is largely a formality - initial appearance is to set bail and schedule next court appearance and appoint counsel for indigent.

What are the negatives of plea bargaining?

Negatives: - avoiding problems with prosecution case - no "not guilty" result - possibility of coercion - non-binding on court - criminal record

Is there an absolute right to bail?

No

Can you eliminate plea bargaining?

No, you cant get rid of it because it will overload courts and courts are understaffed more costly

Does this mean that a life of crime pays?

No. 1,000 felonies refers to crimes committed but 54 convictions refers to individual criminals, many of whom are career criminals and commit multiple crimes

What happened in Alford v. NC (1971)? What are the facts of the case and the outcome?

North Carolina charged Henry Alford with first-degree murder. That charge carried a possible sentence of life imprisonment or the death penalty. Alford agreed to plead guilty in exchange for a second-degree murder conviction. When Alford took the stand, he testified that he was innocent and pled guilty to avoid the death penalty. Alford petitioned for a writ of habeas corpus. The U.S. District Court for the Middle District of North Carolina denied relief on the grounds that Alford's guilty plea was entirely voluntary. The U.S. Court of Appeals for the Fourth Circuit reversed, holding that the plea was involuntary because its primary motivation was the fear of death.

What happened in the case of Bordenkircher v. Hayes (1978)? How is it relevant to plea bargaining? What precedent did it set?

Paul Lewis Hayes was charged with forgery, an offense which carried a two-to-ten-year prison sentence. During plea negotiations, the prosecutor offered to pursue a five year sentence if Hayes would plead guilty. However, the prosecutor also stated that he would seek an indictment under the Kentucky Habitual Crime Act if the defendant did not register this plea. (Hayes had two prior felony convictions on his record.) If found guilty under this law, Hayes would be imprisoned for life. Hayes did not plead guilty and the prosecutor followed through on his promise Does the Fourteenth Amendment's Due Process Clause prohibit state prosecutors from carrying out a threat made during plea negotiations to re-indict the accused on more serious charges if he does not plead guilty to the offense with which he was originally charged? No. The Court held that the defendant's due process rights were not violated in this case. Justice Stewart spent some time describing the important role that plea bargaining plays in the nation's legal system, a role that has been accepted by the Supreme Court in cases such as Blackledge v. Allison (1977) and Brady v. United States (1970). This acceptance, in turn, implies that the prosecutor has a legitimate interest in persuading a defendant to relinquish his or her right to plead not guilty.

What are the methods of challenging jurors in the selection process?

Peremptory challenge: This is a challenge that an attorney can use to remove a potential juror from the jury without giving a reason. The number of peremptory challenges that attorneys are allowed varies by jurisdiction. Cannot eliminate individuals based on race or gender.

What is the Petit Jury?

Petit jury: a trial jury for both civil and criminal cases. The petit jury listens to evidence offered during a trial and returns a verdict

What are the positives of plea bargaining?

Positives: lighter sentence reduced charge case is over so saves time

What are two ways to determine probable cause?

Preliminary hearing: An adversarial hearing in front of a judge where both sides will have the opportunity to present evidence. Waived in majority of cases. Grand juries: more time-consuming and expensive. Consist of anywhere from 6-23 jurors, and are non-adversarial proceedings in that only the prosecutor presents evidence.

What are the pros and cons of plea bargaining?

Pros: - when properly administered it can benefit all the interested parties - defendant, defense counsel, prosecutor, judge, police, and the public - expedites the process and clears calendars the guilty are convicted and punished - saves the public a substantial amount of money Cons: - The defendant's interests are sometimes ignored for the sake of expediency - The defendant who doesn't accept a deal is being punished for exercising his or her constitutional rights (jury trial penalty) - Society's interests are not being protected because the sentences handed down are often far too lenient - There is a lack of transparency to the process - This system can pressure the innocent to plead guilty if they fear the potentially more severe consequences of going to trial - The victim of the crime often feels cheated or even left out of the process

How is a civil trial the same as a criminal trial?

Similarities: -Jury selection

What happens in each stage of the trial? What is the role of the judge in the trial?

Stage One Opening statements summarize what they intend to prove during the trail and begin to create a spin on the evidence to be introduced that is most helpful to their case. lawyer must be clear that they are only stating what they hope to prove during trial and should not be considered evidence. Stage 2 Prosecution presents the case Prosecution has the burden to prove the defendant's guilt beyond a reasonable doubt cross examination judge Plays the role of 'umpire' Rules on the objections to evidence that may be raised which includes questions of: Relevancy Hearsay Leading questions Opinion evidence given by a witness not qualified to give such evidence Stage 3 the defense presents its case Defense doesn't necessarily have to provide evidence if he believes prosecutor failed to carry burden of proof but in most trials this is not a wise strategy Remember: The defendant does not have to prove innocence, that is that they didn't commit the crime, but rather just create a reasonable doubt. defendant need not testify (5th amendment) (inherent suspicion if they do not though) Stage 4 the prosecution has the opportunity to present rebuttal witnesses After this comes the closing arguments, and generally the prosecution goes first again judge judge instructs the jury on the law to be applied and the standard of proof that must be met The jury then leaves to deliberate When the jury reaches a decision, word will be sent to the judge and the verdict will be announced in court In case the jury doesn't reach a unanimous decision, it is up to the judge at what point to declare a hung jury and end the case

What is an arrest by definition?

Taking into custody of a person on the grounds that there is probable cause he or she committed a criminal offense

What does the case of US v. Salerno (1987) have to say about the right to absolute bail? What was the case about?

The 1984 Bail Reform Act allowed the federal courts to detain an arrestee prior to trial if the government could prove that the individual was potentially dangerous to other people in the community. Prosecutors alleged that Salerno and another person in this case were prominent figures in the La Cosa Nostra crime family. The Court held that the Act was constitutional because when the government's interest in protecting the community outweighs individual liberty, pre-trial detention can be "a potential solution to a pressing societal problem." The Act only applied to a specific list of serious offenses, placed heavy burdens on the government to prove that the arrestee posed significant threats to others, and did not prevent the accused from enjoying a speedy trial.

Why is Boykin v. Alabama (1969) relevant to the material on arraignment and the criminal justice?

The Court held that a guilty plea is a confession, and the admissibility of a confession is contingent on the confirmation that it was made voluntarily. The waiver of several constitutional rights is involved in a guilty plea. A defendant's silence is insufficient to show that he understood these rights and chose to waive them.

Why is Alford v. NC (1971) relevant to the material on plea bargaining and the criminal justice?

The Supreme Court held that there was no constitutional violation where the defendant concluded based on competent counsel that it was in his best interest to plead guilty. The court saw no difference between a defendant who maintains his innocence with a plea bargain and one who admits to the crime.

With structured sentencing and plea bargaining in place, who has power in the system?

The judge is ultimately responsible for determining the sentence imposed upon the defendant. Structured Sentencing provides mandatory sentencing guidelines for a judge to follow, but the judge has discretion within those guidelines to craft an individual sentence.

Why is Santobello v. NY (1971) relevant to the material on plea bargaining and the criminal justice?

The opinion emphasized that the plea bargaining process is a crucial part of the criminal justice system. In the interests of justice, agreements between prosecutors and defendants must be upheld.

What is the fourth amendment?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

What does the Constitution/8th amendment say about the right to bail?

The right to bail is found in the 8th Amendment, which states: "excessive bail shall not be required."

What is a true bill versus a no true bill?

True bill: a decision to indict a criminal defendant by a Grand Jury. No true bill: the case is over and the charges must be dismissed.

What is the Venire?

Venire: group of prospective jurors from which the jury will be chosen

What is the Voire Dire?

Voire Dire: the process used by the parties to select a fair and impartial jury. During voir dire, the jury panel is questioned by both parties' lawyer

Are jury trials required for federal civil cases? For state civil cases?

While the 7th Amendment recognizes the right to juries in civil cases in federal court, no such right was ever extended to the states.

Does the 5th amendment right against self incrimination apply in civil cases?

Yes

What is a Batson Hearing?

a challenge made by one party in a case to the other party's use of peremptory challenges to eliminate potential jurors from the jury on the basis of sex, race, ethnicity, or religion

What is a full bail hearing?

a court proceeding where a judge will determine if a defendant should be allowed to post bail and be released from jail throughout the duration of their trial

What is a hung jury?

a jury that cannot agree on a verdict

What is the role of a bail bondsmen? Common complaints?

a licensed professional who fronts bail on behalf of the defendant - Unethical or illegal tactics used to capture bail jumpers - Alleged links to organized crime - Unethical ties to certain lawyers who may pay them a fee to funnel clients to them

What is a bail schedule?

a list of bail amount recommendations for different charges

What are sentencing guidelines?

a system of recommended sentences based upon offense and offender characteristics

Summary of Santobello V New York

a. facts: pretty much santobello agreed to a plea bargain and then his new counsel did not hold up to those standards b. precedent : Set the precedent that plea bargaining is an important step in the criminal process and ought not be dismissed. c. benefits of bail : It leads to prompt and largely final disposition of most criminal cases; it avoids much of the corrosive impact of enforced idleness during pretrial confinement for those who are denied release pending trial; it protects the public from those accused persons who are prone to continue criminal conduct even while on pretrial release; and, by shortening the time between charge and disposition, it enhances whatever may be the rehabilitative prospects of the guilty when they are ultimately imprisoned

What is the criminal justice funnel?

composed of 4 elements, total number of incidents ( at the top), cases with guilty findings, sentencing admission and finally cases that go to federal court.

If there is a guilty verdict, what role does a jury play in sentencing?

decides whether guilty/not guilty but does not decide exact sentencing

What do they mean by Vanishing Trials?

decrease in trials

What is an affirmative defense? Define it and provide examples.

defendant admits committing the act in question, but claims to have a legally recognized reason or excuse for it EX. - Self defense - duress (threats, violence, constraints, or other action brought to bear on someone to do something against their will or better judgment) - necessity (necessary to avoid greater harm insanity)

What is meant by a jury trial penalty?

incentivizes almost all defendants to plead guilty because they face a much longer sentence if convicted at trial

When does the initial appearance happen?

individual receives a formal notice of the charges for which he is being held

What is the charging document?

it requires that the defendant be given information upon which to prepare a defense, so the Charging Document includes the name of the person charged and a brief description of how and where the offense was committed and the statute allegedly violated

What is the precedent regarding the guarantee for a jury trial in the state courts?

limited to cases carrying a sentence of six months or more

What could make plea bargaining more effective?

limits to how much a sentence/charges can be downgraded

Why are criminal trials in decline?

more guilty pleas and threats of jury trial penalty

What is meant by no contest or nolo contendere?

no contest treated as a guilty plea for sentencing purposes, sometimes used as part of a plea bargain where there is a likelihood of a civil case arising out of the same facts

What is the approximate "win rate" for prosecutors? In other words, of the number of cases that prosecutors decide to prosecute, how many do they win?

of 55 prosecuted, 54 are convicted and 32 are incarcerated 98% win rate for prosecutors

How often is the insanity plea used? How successful is it when it is used?

rarely used 1% of felony cases and are successful approximately 25% of the time.

What does the 6th Amendment to the Constitution guarantee as far as trials go?

that everyone is entitled to a speedy and public trial and a jury trial

What is the judge's role in plea bargaining?

the authority to accept or reject a plea bargain

How good a job does the bail system do?

the bail system has low release violation rates and low rates of failure to appear but high levels of pre trial misconduct

What is preventative detention?

the imprisonment of a person with the aim of preventing them from committing further offenses or of maintaining public order

What is the voir dire process?

the process by which prospective jurors are questioned about their backgrounds and potential biases before being chosen to sit on a jury

Why are judges unlikely to turn down a plea deal?

the reason for plea bargaining is to move along their crowded calendars. if they do not accept the plea bargain, it will ensure that they have to have a longer trial, which takes more time