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Mainstream and Crosscurrents, Second Edition Chapter 10 The Disposition: Plea Bargaining, Trial, and Sentencing.

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Presentation on theme: "Mainstream and Crosscurrents, Second Edition Chapter 10 The Disposition: Plea Bargaining, Trial, and Sentencing."— Presentation transcript:

1 Mainstream and Crosscurrents, Second Edition Chapter 10 The Disposition: Plea Bargaining, Trial, and Sentencing

2 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 2 Plea Bargaining  Not concerned with determining guilt or innocence.  Allows the defendant and the prosecution to efficiently determine the amount of punishment without the expense of a jury trial.

3 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 3 Plea bargaining  Vertical plea  Horizontal plea  Reduced-sentence plea  Avoidance-of-stigma plea

4 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 4 Plea bargaining Vertical plea By pleading guilty or nolo contendere to a lesser included charge, the defendant can reduce the potential for a harsh sentence.

5 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 5 Plea bargaining Horizontal plea The defendant will plead guilty to a charge in exchange for other charges being dropped.

6 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 6 Plea bargaining Reduced-sentence plea The prosecutor, defense attorney, and judge might decide on a reduced sentence.

7 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 7 Plea bargaining Fundamental issues  Presumption of factual guilt  Costs and risks of trial  What to do with the guilty

8 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 8 The Trial Indictment Defendant's plea Prosecution opening statement Defense opening statement Witnesses and evidence presented Defense closing arguments

9 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 9 The Trial Prosecution closing arguments Judge's instructions to jurors about procedures Judge's instructions to jurors about verdicts Final verdict Defendant released if acquitted or sentenced if convicted

10 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 10 The Trial Pretrial motions Opening arguments Presentation of witnesses & evidence The case goes to the jury Evidence The defense doesn't rest

11 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 11 CrossCurrents The trial Evidence that can’t be used When a defendant is set free because of a legal technicality, the exclusionary rule might be the reason. The exclusionary rule covers three types of evidence: the identification of suspects, confessions in which the Miranda rules apply, and some searches.

12 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 12 The Trial Pretrial motions  Motion for dismissal of charges  Motion for continuance  Motion for discovery  Motion for severance of defendants  Motion for severance of offenses

13 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 13  Motion for the suppression of evidence  Motion to determine competency  Motion for change of venue The Trial Pretrial motions

14 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 14 The Trial Opening arguments  The prosecution makes the first opening argument.  No evidence is presented.  The defense counters the prosecution's outline of the case.

15 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 15 The Trial Presentation of witnesses & evidence  The prosecution begins the presentation of the case by introducing evidence and witnesses.  Defense may cross-examine.  Prosecution may redirect examination.

16 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 16 The Trial Presentation of witnesses & evidence  Defense may request re-cross- examination and/or directed verdict of acquittal.  Defense presents evidence & witnesses  Summation

17 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 17 The Trial Case goes to the jury Serving on a jury allows citizens to participate in the criminal justice system as a check-and-balance against government power.

18 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 18 The Trial Case goes to the jury Steps of jury selection …  Master jury list  Venire  Voir dire

19 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 19 Case goes to the jury Voir dire The defense attorney or prosecutor can attempt to exclude a juror by …  Challenge for cause  Peremptory challenge

20 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 20 The Trial Evidence  The prosecutor must base a case on evidence.  The prosecutor must prove beyond a reasonable doubt that the defendant is guilty.

21 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 21 The Trial Evidence Classifications of evidence  Real evidence  Testimony  Direct evidence  Indirect evidence

22 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 22 The Trial The defense doesn't rest  Reasonable doubt  Defendant testimony  Alibis  Affirmative defense  Challenging scientific evidence

23 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 23 Rights & wrongs in the courthouse The rights enjoyed by defendants in criminal trials are derived from the Constitution, specifically the Bill of Rights.

24 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 24 Rights & wrongs in the courthouse  I know my rights  Victims' rights

25 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 25 Rights & wrongs in the courthouse I know my rights  Right to a speedy trial  Right to confront witnesses  Right against self-incrimination  Right against excessive bail  Right to an impartial jury

26 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 26 Rights & wrongs in the courthouse Victims' rights When a prosecutor charges a suspect with an offense, it is considered an offense against the state even though there is most likely a human victim as well.

27 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 27 Sentencing  Indeterminate sentencing  Determinate sentencing  Mandatory minimum sentences

28 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 28 Sentencing the offender Indeterminate sentencing  The parole board has the discretion to determine when the offender is ready for release.  Based on the medical model of corrections  Popular during the 1950s and 1960s

29 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 29 Three assumptions …  The offender is sick and prison staff can diagnose the problem.  The prison can treat the problem.  The staff and parole board can determine if the inmate has been successfully treated. Sentencing the offender Indeterminate sentencing

30 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 30 Sentencing the offender Determinate sentencing  Laws restrict the discretion of criminal justice decision-makers.  The perceived advantage is uniformity.  Presumptive sentencing allows judges some departure from the guidelines.

31 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 31 Sentencing the offender Determinate sentencing

32 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 32 CrossCurrents Sentencing the offender Special interest laws Groups and individuals can affect lawmaking. Examples include: drunk-driving laws, hate-crime laws, and sex-offender laws.

33 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 33 Sentencing the offender Mandatory minimum sentences  Weapons violations  Repeated drunk driving  Drug sales and drug kingpin laws  Three-strikes laws  Truth in sentencing

34 Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 34 Questions What are the four types of pleas? Explain the major pretrial motions. What are voir dire and venire?


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