2.  Plea Bargaining 90% of felony cases › 3 types of bargaining  Plead guilty to a lesser crime, manslaughter instead of 1 st degree murder  May receive a lighter sentence  Plead guilty on one charge, so prosecutor will drop other charge › Uncertainty-make sure they are guilty › Reduced case load › Helps allow defense attorney-spend time on case › Often allows crime to be unpunished  Copping- plea for assault instead of rape

3.  The jury- trial by peers › Purpose  Protect citizen against arbitrary law enforcement  Prevent government oppression  Protect from overzealous prosecutor and from bias judges › Voter registration- not registered, no jury duty › Terms  Master wheel- list of eligible jurors  Venire- Jury pool  “Have to be of good character”  Doctors, lawyers, teachers, elected officials- usually not asked because they already do a civic duty  No more than 30 days- $15 a day/ Call ahead

4.  30 people selected from the Venire › Voir dire- Process to see if they would render a fair verdict  Question jurors, challenge Jurors- “for cause”- unlimited(death penalty)  Peremptory Challenge- excuse without reason  Prosecutor 6-8 challenges, Defense 8-10  Petite Jury- 12 citizens (2 alternatives)  Lower Cost maybe 6-9

5.  Pretrial Motion- application to court, requesting a judge to order particular actions › Can be done before or after trials › Most of the time is used to get Prosecutors evidence, get rid of any that is not viable

6.  Jury is Sworn in  Clerk reads criminal complaint  Prosecution Opening Statement › What will you prove  Defense Opening if they prefer  Prosecution submits evidence › Questions witness › Cross Examination  Defense › Directed Verdict- motion to dismiss, not enough evidence › Defense Follows with witnesses if necessary, rebutting will happen

7.  Closing › Explain case explain point of view  Judges- inform jury of charges, determine what is considered guilty or innocent › Possible Verdicts  Jury Meeting- Deliberate › Foreman › Sequestered- stay away in a hotel away from media  Final Decision- Not Guilty › No Consensus- Hang Jury- Prosecutor will decide to retry the case