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Week 9 Notes

by: Nicole Wolfe

Week 9 Notes CJ 342

Nicole Wolfe

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About this Document

These notes cover the 4th part of Chapter 17 from Tuesday March 22nd
Criminal Procedure
Kristi Venhuizen
Class Notes
Criminal Justice
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This 2 page Class Notes was uploaded by Nicole Wolfe on Saturday March 26, 2016. The Class Notes belongs to CJ 342 at University of North Dakota taught by Kristi Venhuizen in Spring 2016. Since its upload, it has received 46 views. For similar materials see Criminal Procedure in Criminal Justice at University of North Dakota.


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Date Created: 03/26/16
Chapter17Part 4 PretrialMotions  Writtenmotionsorrequeststothecourt on behalfofthegovernmentordefendant o Motionsto dismiss o Motionsto determinecompetency o Motionsto suppressevidence o Motionsto suppressconfessions,admissions,orotherstatements o Motionsto suppresspretrialidentification o Motionsto requiretheprosecutiontodiscloseCI o Motionsforchangeofvenue o Motionsforcontinuance  N.D.R.Crim.P.12(b)  N.D.R.Crim.P.47  N.D.R.Crim.P.48 Arraignment  Firstappearancebeforethecourt  Accusedmustenterapleato thecharge o Notguilty o Guilty o Alfordplea o No contest(nolocontendre)  "I'm not admittingguilt,butI'madmittingthattheevidenceissufficientenough to convictme.Acceptthepleaoffer"  Factualbasis- necessarytoensurethatthefacts are theretosupportthe charge  Court to ensurethatpleasareenteredintoknowinglyandvoluntarily  Can withdrawaguiltypleabeforesentencingforgoodcauseshown  N.D.R.Crim.P10  N.D.R.Crim.P11(a) and(b) PleaBargaining  More than 90% of felonysuspectspleadguiltyornocontesttotheircharges o Pleaseareoftentheresultofabargain struckwiththeprosecutor  Pleabargainsaresubjectto theapprovalofthecourt o Ifthe court rejectstheagreement,thedefendantcanwithdrawtheguiltypleaofaccept themodificationsrequiredbythejudge  N.D.R.Crim.P.11(c)  ArgumentsinSupportofPleaAgreements: o Benefitstheprosecutorwiththeabilitytodisposeofbusyworkload o Benefitsthedefenseattorneywiththeabilitytodisposeofbusyworkload o Benefitsthedefendantbygettingalessersentence o Benefitsthecourtwithabilitytodisposeofbusyworkload  CriticismsofPleaAgreements: o Prosecutormayoverchargeto bargaindown o Promotesinefficiencybecausedefenseattorneysbargainbythreateningtogoto court o Wastestimebecausemostdefendantswillpleadguiltyanyway o Underminestheintegrityofthecriminaljusticesystem o Decidesthedefendant'sguiltwithoutatrial o Allowsdefendantstogetawaywiththeircrimes o Innocentdefendantsareforcedtopleadguiltytotheircrimes  SupremeCourthasupheldthepracticeofpleabargaining o Bradyv. UnitedStates,397 U.S. 742 (1970)  Prosecutorialinducements: o Can persuadethedefendanttoaccepttheplea o Agreementsnottoappeal o Cannotlie o Can "threaten"moreseriouscharges o Can not promiseleniencyforsomeoneelse o Can not coercethepleaagreement  QuestionableInducements: o Court mayimposeanextraordinaryconditionofprobation o Be requiredtoperformsomeactas aquidpro quo fordismissalormorelenient sentence o Court mayimposeanunauthorizedformofpunishment o Statemay offersomeunauthorizedbenefit o Defendantallowedtopleatoanonexistentcharge,nonrelatedcharge,ornon- applicablelesser-includedcharge  Effectsofapleaagreement: o Court notboundby theagreement o Prosecutorsnotboundbythe agreementuntilitisacceptedbythecourt o Defendantwaivesconstitutionalrightssuchasrightto appeal,rightto ajurytrial,right to confrontwitnesses,andtheprivilegeagainstself-incrimination  Conditionalguiltypleas o Victimsgetclosurebutsometimesmayviewtheagreementastoolenient  Elementsofavalidguiltyplea: o Intelligent  Defendantmustunderstandthecharges  Defendantmustunderstandthepossiblesentence  Defendantmustunderstandtherightsgivingup o Involuntariness  Cannotbe theresultofcoercion,threats,orintimidation o FactualBasis  No constitutionalbasisforrequirement  Make surethereisabasisin fact forthe charges


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