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This 6 page Class Notes was uploaded by Valerie Ho on Monday June 15, 2015. The Class Notes belongs to 372 at University of Washington taught by Jonathan Wender in Spring 2015. Since its upload, it has received 107 views. For similar materials see Introduction to Criminal Justice in Sociology at University of Washington.
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Date Created: 06/15/15
SOC372 Lecture 14515 From previous lecture Tom Tyler how can we enhance the legitimacy of the police 0 Voluntary compliance and public cooperation are essential for police success and social order 0 Most people obey most laws most of the time This is true even of people deeply and persistently involved in criminal activity Deterrence does not adequately explain this basic reality It also does not explain most compliance and cooperation with the police 0 Police performance professionalism crime drop declining complaints and use of force etc similarly fails as an explanation Tyler39s thesis People feel responsible for obeying authorities whom they perceive as legitimate Plea Bargaining amp luries What is the role of plea bargaining in the US judicial system How does plea bargaining illustrate the difference between ideological and critical narratives of the law Is plea bargaining a necessary compromise or a fundamental subversion of due process How do juries arrive at verdicts What are some of the strengths and weaknesses of the jury trial process Bruce P Smith quotPlea Bargaining and the Eclipse of the juryquot Annual Review ofLaW and Social Science 2005 1131149 Shari Diamond and Mary Rose quotReal juriesquot Annual Review ofLaW and Social Science 2005 125584 1 of Americans over the age of 19 is in jail or prison 95 of them got there via plea bargaining It is impossible to fully understand the phenomenon of mass incarceration in the US without considering the role of plea bargaining 6th Amendment rights speedy public trial by jury of peers knowledge of charges call and confront witnesses defense counsel free if necessary Crossexamination the availability for people to confront the opposite side of witness But amazingly 95 of people waive most of these rights and plead guilty without trial Blackledge v Allison 431 US63 1997 quotWhatever might be the situation in an ideal world the fact is that the guilty plea and the often concomitant plea bargain are important components of this country s criminal justice system Properly administered they can bene t all concernedquot Plea agreements must be made knowingly and without duress or misrepresentation No quotatmosphere of secrecyquot nal plea agreements must be approved in open court by a judge Bordenkircher v Hayes 434 US 357 1978 No violation of due process rights under the 14th Amendment when the prosecutor les a more serious charge after a plea to a lesser charge is rejected Majority quotPlea bargaining ows from the mutuality of advantage to defendants and prosecutors each with his own reason for wanting to avoid trailquot 364 The prosecutor s decision to charge Hayes as a habitual offender was a quotlegitimate use of available leveragequot 360 As long as the accused is free to accept or reject the offer there is no element of punishment or retaliation plea bargaining is a quotgive and takequot process Both sides come out from a plea bargain to potentially lead to winning for both Dissent quotImplementation of a strategy calculated solely to deter the exercise of constitutional rights is not a constitutionally permissible exercise of discretionquot 373 Is plea bargaining an administrative necessity or a violent and coercive process Can it be both The crisis of false convictions we know that some people plead guilty to crimes they didn t commit in order to avoid the risk of trial On the other hand the vast majority of people who are formally charged with a crime are guilty Presumption of innocence vs quotGround truthquot of guilt The court system must justly deal with this twofold reality But how SOC372 Section 20515 Bruce Smith Contingent 1 Caseload Pressure 2 Changes in criminal trial 3 Institutional changes 4 Exogenous factors Blackledge V Allison 1977 Bordenkircher V Hayes 1978 Harmelin V Michigan 1991 NonJury trials 0 Bench trials 0 Summary proceedings 0 Courts of special sessions Venire creating a jury based on selection from lists such as driver licenses Voire Clire see if people have con icting features Jury Composition SOC372 Lecture 19515 Wrongful Conviction 8 Attorneyclient con dentiality Steve KriegerquotWhy ourjustice System Convicts Innocent People and the Challenges Faced by Innocence Projects Trying to Exonerate Themquot james Moiterno Rectifying Wrongful Convictions May a Lawyer Reveal Her Client s Con dences to Rectify the Wrongful Conviction of Anotherquot Hastings Constitutional Law Quarterly 0 Murder and rape account for only 2 felony convictions but over 95 of known false convictions Thus there must be thousands of additional unknown false convictions involving other crimes 0 The plea bargaining factor how many innocent people plead guilty Exoneration to be freed from blame after conviction as opposed to acquittal at trsil Known exonerations as of May 2015 1600 total cases 25 with DNA evidence 75 without 80 jury convictions 7 bench trial 12 plea bargain 153 death row exonerations Between a jury trial and plea bargaining bench bargaining Major causes Perjuryfalse accusation official misconduct mistaken witness identi cation forensic science errors false confessions 0 Most wrongful convictions are totally unknown We have no effective ways to count them 0 Extremely high burden of proof overcoming conviction standard of quotbeyond a reasonable doubtquot Capital murder based on exoneration rates at least 23 of death sentences are based on wrongful convictions Applying 23 death penalty exoneration rate to all prison sentence 87000 potential nondeath row exoneration Compare this to the known 1600 exonerations AttorneyClient privilege Case1 Dale and jamie consensually disclosed guilt of their client Andrew Wilson after Wilson s death Alton was released after spending 26 years in prison for a murder he didn t commit Case2 Staple hughes attempted to report the wrongful conviction of Lee Wayne Hunt following the death ofjerry Cashwell the actual killer No prior consent from Cashwell Testimony inadmissible no retrial for Hunt Hunt remains in prison Swindler V United States 524 US 399 1998 Attorneyclient con dentiality survives death SOC372 Lecture 19515 Under established law justice does not always equal truth An attorney s rst duty is nearly always to the client NOT to the actual truth quotDevotion to the client no truth is the lawyer s ultimate dutyquot
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