courts week 9 notes
courts week 9 notes Crju 3700
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This 3 page Class Notes was uploaded by Khaila Coissiere on Thursday March 31, 2016. The Class Notes belongs to Crju 3700 at Georgia State University taught by Prof Johnson in Winter 2016. Since its upload, it has received 12 views. For similar materials see American criminal court in Criminal Justice at Georgia State University.
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Date Created: 03/31/16
Chapter 12 – Negotiated Justice & Plea of Guilty Tuesday, March 8 and 10th th What is Plea Bargaining? Defendants pleads guilty with the expectation of receiving some consideration from the state Like a contract (quid pro quo) Case attrition – cases are eliminated during early stages of the CJ process Only about 210% of cases go to trial Law on the Books: Types of Pleas Charge bargaining – defendant plead guilty and get a lesser charge ex. Aggravated assault turns into assault Count bargaining – defendant plead guilty but only face a few counts ex. 3 counts of rape might only face one count of rape Sentencing bargaining – defendant plead guilty in return for leniency in sentencing ex. Probation instead of incarceration Law in Action: Factors Influencing Bargaining Caseloads o Expectation of courts having too many cases o Plea bargaining varies among jurisdictions Discretion o Presumption of factual guilt o Most legally innocent defendants are removed in earlier screening processes Cost and risks of going to trial o Common interest in disposing of cases What to do with the guilty? o What is the appropriate sentence? o No two cases are the same. Thus, we seek to individualize justice Bargaining & the Courtroom Workgroup Prosecutor o Certainty of conviction o Control the negotiating process (spaghetti phenomenon) Defense attorney o Assess the offer, negotiates the terms of the plea bargain, counsels the defendants Defendants o Possibility of a lenient sentence, immediate release o Make the final decision Judges o Knows very little about the facts o Little involvement in the process Dynamics of Bargaining Decisionmaking norms Chapter 12 – Negotiated Justice & Plea of Guilty Tuesday, March 8 and 10h th o Shared conceptions of how specific types of cases and defendants should be treated o Seriousness of the offense o Defendant’s criminal record o Strength of prosecutor’s case Why cases go to trial o Parties cannot settle through negotiation o Defense attorneys recommend a trial when risks are low and possible gains are high o Defendants demand a trial o Some types of cases more likely to go to trial include: Homicide, sexual assault, robbery o Jury trial penalty Copping a Plea Pleas o Not guilty, guilty, nolo contendere Questioning the defendant o Waiver or rights o Competency o Allocution o Alford v. NC (1971) “best interest” plea (same effect as guilty plea) defendant saves face o Boykin v. Alabama (1969) A “boykin” form is required to accept a guilty plea, ensuring it is voluntary Plea agreement is placed on the record Perspectives on Plea Bargaining Due Process Model o Undercuts protections afforded individuals o May lead to conviction of innocent defendants o Produces few tangible benefits for defendants Crime Control Model o Allows defendants to avoid conviction for crimes they actually committed o Results in lenient sentences o Gives criminal wrongdoers the impression that the courts and the law are easily manipulated Collateral Consequences What impact does plea bargaining have on defendants’ lives? Unintended / unexpected consequences? o Food stamps Chapter 12 – Negotiated Justice & Plea of Guilty th th Tuesday, March 8 and 10 o Public housing o Federal student aid o Voting rights o Sex offender registry and reporting
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