Public Justice 201
Public Justice 201 PBJ 201
Popular in Amer Crim Court/Judical Proces
Popular in Public Justice
This 2 page Class Notes was uploaded by SarahGamarra on Friday September 30, 2016. The Class Notes 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 8 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: 09/30/16
Plea Bargaining and Trial Dynamics What is a plea bargain? Subject to court approval Judge has so much to work to do - The Judge has to trust the prosecution and the defense to figure out the situation and come back with the result Who can request a plea deal? - Prosecution and defense Types of plea bargains? - Change bargaining : The desire to reduce a charge for a guilty plea - Sentence bargaining : Reducing the sentence Example - Removing capital offense to life without parole History of plea bargaining? The plea bargaining was not used that much - Commonwealth v. Batts (1804) : Batts told the court he wanted the plea bargain but since it was not used that much back then. Judge sent Batts back to his cell so he could think about it. Later Batts came back and wanted the plea bargain again. What led to an increase of plea bargaining? - Prohibition Over 90% of guilty outcomes resulted in plea bargaining - Minor offenses were used more Pros and Cons - Pros : Gets through large caseloads quickly - Cons : Undermines the integrity of criminal justice system Sentencing Goals of sentencing Retribution - Needs to be fair/equitable - Eye for an eye - The offender gets what they deserve Deterrence - Idea of making criminal activity unattractive - General : If we punish offender in front of a crowd, then the public will not want to do the crime - Specific : One on one : Focus on the offender - Certainty : Probability of punishment that will happen - Severity : Harshness of punishment : Punishment has to fit crime : Proportionality is key - Celerity : Swiftness of punishment : How long does crime occur after punishment comes? Incapacitation - Locking up people to prevent them to commit crime in the future - Collective : Every offender that is found guilty of crime x will receive punishment y - Selective : Focus on offender as well as crime Rehabilitation - Criminality can be cured from people : “Medical model of criminal justice” - Good for juveniles Restoration - Only philosophy that focuses on the victim rather than offender : There to help the victim move on Judicial Sentencing Options Death penalty - Capital punishment st - 1 degree murder Incarceration Prohibition Intermediate Sanctions - Boot camps - House arrest No option
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