Chapter 8

Question 1

Plea bargain

Answer 1

An agreement between a prosecutor and a defendant whereby the defendant gives up their right to a trial in exchange for a promise from the prosecutor

Question 2

1. What are the purposes of the initial appearance, arraignment, and motions?

Answer 2

The initial appearance determines if there is probable cause to support the arrest. Arraignments involve the formal reading of charges and the entry of a plea. Motions seek information and the vindication of defendants’ rights.

Question 3

Why and how are cases filtered out of the system?

Answer 3

Cases are filtered out through the discretionary decisions of prosecutors and judges when they believe that there is inadequate evidence to proceed or when prosecutors believe that their scarce resources are best directed at other cases.

Question 4

What factors affect whether bail is set and how much money or property a defendant must provide to gain pretrial release?

Answer 4

Bail decisions are based primarily on the judge’s evaluation of the seriousness of the offense and the defendant’s prior record. The decisions are influenced by the prosecutor’s recommendations and the defense attorney’s counterarguments about the defendant’s personal qualities and ties to the community.

Question 5

What methods are used to facilitate pretrial release for certain defendants? (BAIL)

Answer 5

Police citations, release on own recognizance (ROR), 10 percent cash bail, and bail fund.

Question 6

What categories of people are found in jails?

Answer 6

Pretrial detainees for whom bail was not set or those who are too poor to pay the bail amount required; people serving short sentences for misdemeanors; people convicted of felonies awaiting transfer to prison; and people with psychological or substance-abuse problems who have been swept off the streets.

Question 7

Santabello v. New york

Answer 7

Promises made by prosecutors must be kept

Question 8

Ricketts v. Adamson

Answer 8

The defendant must keep his part of bargain

Question 9

Bordenkircher v. Hayes

Answer 9

Not unconstitutional for the prosecution to advise that the consequences of a conviction following a trial are likely to be more severe if the plea is not accepted

Question 10

Not guilty

Answer 10

Defendant maintains the presumption of innocence and requires prosecution to prove he his guilty

Question 11

Why does plea bargaining occur?

Answer 11

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, and judges preside over fewer time-consuming trials.

Question 12

No lo contendere

Answer 12

Defendant acknowledges that the state has sufficient evidence to prove he is guilty beyond a reasonable doubt

Question 13

Alford Plea

Answer 13

NC v. Alford- defendant maintains his innocence but agrees to plead guilty in order to take advantage of the plea offer made by prosecutor

Question 14

What are the criticisms of plea bargaining?

Answer 14

Defendants might be pressured to surrender their rights; society’s mandated criminal punishments are improperly reduced.

Question 15

What is a motion

Answer 15

An application to a court requesting an order
ex: motion to dismiss, motion for charge of venue, objections raised during court

Question 16

What is a discovery?

Answer 16

The process by which each side learns about the facts, witness, and evidence that the other side has knowledge of

Question 17

The trial process

Answer 17

Jury selection, opening statements, presentation of evidence

Question 18

What functions do juries serve in the criminal justice system?

Answer 18

Safeguard citizens against arbitrary law enforcement, determine the guilt of the accused, represent diverse community interests and values, serve as a buffer between accused and accuser, become educated about the justice system, and symbolize the law.

Question 19

What is voir dire?

Answer 19

The jury selection process is 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.

Question 20

What are the stages in the trial process?

Answer 20

Jury selection, attorneys’ opening statements, presentation of prosecution’s evidence, presentation of defense’s evidence, presentation of rebuttal witnesses, closing arguments by each side, judge’s instructions to the jury, and jury’s decision.

Question 21

Batson v. Kentucky

Answer 21

Once a juror is struck and a challenge is raised as to purposeful discrimination the person who struck the juror must offer a “race-neutral explanation” for the strike. Following this challenger, they must prove “purposeful discrimination”

Question 22

Purkett v. Elem

Answer 22

A “race-neutral explanation” need not be persuasive or even plausible… unless a discriminatory intent is inherent in the prosecutors explanation, the reason offered will be deemed “race neutral”

Question 23

Direct evidence

Answer 23

evidence that a witness testifies about that was derived from one of their senses

Question 24

Circumstantial evidence

Answer 24

Evidence that is inferred from direct evidence

Question 25

Real evidence

Answer 25

Tangible evidence that is directly involved in the crime

Question 26

Demonstrative evidence

Answer 26

Evidence that depicts some matter involved in the case tends to help explain or clarify
ex: x-ray, photograph, maps, drawing