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PBJ 201

by: SarahGamarra
SUNY Oswego
GPA 2.9

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About this Document

These notes cover what we learned this past week and has material for the test coming up
Amer Crim Court/Judical Proces
Jaclyn Schildkraut
Study Guide
Public, Justice, Criminal, Studies
50 ?




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This 5 page Study Guide was uploaded by SarahGamarra on Friday October 7, 2016. The Study Guide belongs to PBJ 201 at State University of New York at Oswego taught by Jaclyn Schildkraut in Fall 2016. Since its upload, it has received 45 views. For similar materials see Amer Crim Court/Judical Proces in Public Justice at State University of New York at Oswego.

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Date Created: 10/07/16
Pretrial Proceedings-Section 5 **=Important to know!! What happens after a crime is committed? 1.The crime is made known to law enforcement 2.The police collect evidence from the crime 3.The suspects are identified 4.*An arrest is made* This is the official beginning of the criminal process 5.Susect is booked Mugshot and fingerprints are taken 3 categories of crime 1.Felony offenses One year or more in prison 2.Misdemeanor Less than a year in jail 3.Violations Punishable by fines or a very short jail sentence (terms) Bail 1.Used with first time offenders 2.Do you pose a threat? Preliminary VS. Grand jury Preliminary  Judge is determiner  Defendant and you are present Grand jury  Has a panel of citizens  Jury, judge, and prosecutor are present  Main function: to determine probable cause  *Indictment is written at grand jury phase*  *Present in New York State* Initial appearance  First time coming before the court  When you are advised what is against you and your rights  Has to occur without unnecessary delay - It is important to come before the court because the quicker you are, you won’t incriminate yourself (helps to protect your right) Four ways to enter a plea 1. Guilty Means you are admitting to a crime 2. Not guilty Defendant is denying the accusations 3. Nolo contendere Defendant is not committing to a crime, but is shielded from civil responsibility 4. Alford plea Going to enter in a guilty plea but still holding onto the status of innocence Brady vs. Maryland Violation of due process under the 14 amendment Evidence that can prove your innocence cannot be hold out on you Plea bargaining Where can it happen? Any time until the verdict is read How often is it used? 90% of criminal cases will be resolved by a plea deal Plea Bargaining and Trial Dynamics-Section 6 2 types of bargaining Change bargaining If you plead guilty, your charges can be less Sentence bargaining Charging sentence History of plea bargaining Pleas were used rarely before the civil war Commonwealth v. Battis (1804) He told the court that he wanted to plead guilty, but because the plea bargain was used rarely, the judge sent him back so he could think about it. However, when he came back he plead guilty again What led to an increase? Prohibition 1930 Over 90% of guilty outcomes resulted in plea bargaining Minor offenses were used more Both sides get something out of it Plea bargaining allows to get a lot of work out Pleading cases helped reduce resources Sentencing-Section 7 Retribution Needs to be fair “Eye for an eye” The offender gets what they deserve Deterrence General vs. Specific Idea of making criminal activity unattractive General- If we punish an offender in front of an audience, then the audience would not want to commit a crime Specific-If we punish the offender one-on- one, then it is less embarrassing Incapacitation Locking up of people to prevent them from committing crime in the future Rehabilitation The idea that criminality can be cured from people *Medical model of criminal justice* Restoration Only philosophy that focuses on the victim rather than the offender Helping the victim move on Beyond Conviction and Sentencing-Section 8 Direct appeals To make sure your trial was fair Seeking review from a higher court Indirect appeals Challenging the authority of the government Interlocutory appeals *It is most commonly going to center on 5 and 8 th amendments What is a harmless error? Something that is wrong procedurally, but did not affect the outcome anyway Habeas Corpus *Wording comes from magna carta* Not the right to recede the hearing Checks/balances


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