Chapter 8 notes pt. 3

Question 1

based on the ____________ (delivered during the preliminary hearing) or ___________ (handed down by the grand jury), the prosecutor submits a motionto the court to order the defendant to appear before the ____ court for an arraignment.

Answer 1

information
indictment
trial

Question 2

based on the information (delivered during the _________ _______) or indictment (handed down by the _____ ____), the prosecutor submits a motionto the court to order the defendant to appear before the ____ court for an arraignment.

Answer 2

preliminary hearing
grand jury
trial

Question 3

a court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment

Answer 3

arraignment

Question 4

a criminal defendant’s plea, in which he or she chooses not to challenge, or contest, the charges brought by the government

Answer 4

nolo contendere

Question 5

nolo contendere is latin for ?

Answer 5

I will not contest it

Question 6

_____ _________ is latin for “I will not contest it”

Answer 6

nolo contendere

Question 7

nolo contendere is neither an _________ nor _______ of guilt

Answer 7

admission

denial

Question 8

The consequences for someone who pleads guilty and for someone who pleads nolo-contendere are the same in a _________ trial

Answer 8

criminal

Question 9

Nolo contendere cannot be used in a subsequent _______ trial as an admission of _____.

Answer 9

civil

guilt

Question 10

If the defendant pleads ______, no _____ is necessary, and the defendant is sentenced based on the crime he or she has admitted committing.

Answer 10

guilty

trial

Question 11

the procress by which the accused and the prosecutor work out a mutually satisfactory conclusion to the case, subject to court approval

Answer 11

plea bargaining

Question 12

most often _______ _________ takes place after the arraignment and before the beginning of trial.

Answer 12

plea bargaining

Question 13

most often plea bargaining takes place after the __________ and before the beginning of ______.

Answer 13

arraignment

trial

Question 14

the results of a plea bargain are generally the same:_____________________________________

Answer 14

The prosecutor gets a conviction, and the defendant a lesser punishment

Question 15

plea bargaining accounts for about ___% of criminal convictions in state courts.

Answer 15

97

Question 16

the plea bargain allows the defendant a measure of ______ over his or her _____

Answer 16

control

fate

Question 17

the _____ _______ allows the defendant a measure of control over his or her fate.

Answer 17

plea bargain

Question 18

in most cases, what is a prosecutor’s single goal after charging a defendant with a crime?

Answer 18

conviction

Question 19

________ ________ can affect the proceedings as well

Answer 19

personal philosophy

Question 20

Milton Heumann said the most important lesson that a defense attorney is?

Answer 20

most of his or her clients are guilty

Question 21

a form that must be completed be a defendant who pleads guilty. The defendant states that she or he has done so voluntarily and with full comprehension of the consequences.

Answer 21

Boykin form

Question 22

generally, a not-guilty plea in the face of strong evidence is part of a stategy to do what?

Answer 22

1. gain a more favorable plea bargain
2. challenge a crucial part of the evidence on constitutional grounds
3. submit one of the affirmative defenses discussed in chapter 3

Question 23

A ________ ________ occurs when the prossecution and the defense work out an agreement that resolves the case.

Answer 23

plea bargain

Question 24

Generally, a defendant will plead guilty in exchange for a reduction of the ________ against him or her or a lighter _______, or both.

Answer 24

charges

sentence

Question 25

To ensure that the defendant understnads the terms of the plea, she or her must sign a _________ form waiving her or his right to a _______.

Answer 25

Boykin

trial

Question 26

Indicate why prosecutors, defense attorneys, and defendants often agree to plea bargains.

Answer 26

For prosecutors, a plea bargain removes the risk of losing the case at trial, particularly if the evidence against the defendant is weak. For defense attorneys, the plea baragain may be the best deal possible for a particularly guilty client. For defendants, plea bargains give a measure of control over a highly uncertain furture