plea bargaining and trials

local legal culture

norms and values shared by members of a court community

workgroup

groups of people who interact with each other, share certain goals and values, and form relationships that facilitate cooperation at work

plea bargain

a negotiated settlement (approx 95% of criminal cases are settled this way)

implicit plea bargaining

plea bargaining without bargaining, typically occurs when the DA and defense agree that the DA has a strong case

Boykin v Alabama

defendants must voluntarily plead guilty

North Carolina v Alford

may accept as lesser sentence but still maintain innocence (Alford Plea)

Santobello v New York

prosecutor’s promise must be fulfilled

Bordenkircher v Hayes

prosecutors can use that threat of harsher sentence

riketts v adamson

defendants must uphold additional agreements or risk trial and harsher sentence

united states v hyde

plea may be withdrawn (before formally put into the court) of defendant shows “just and fair” reasoning

padilla v kentucky

defense responsible for informing illegal immigrants plea bargain may result in deportation

petit/trial jury

panel of citizens selected and sworn in to determine facts in a criminal case and deliver a verdict

grand jury

panel of citizens that determine if there is enough evidence to bring charges against a defendant

bench trial

trial conducted by a judge who acts as the fact finder

small juries

need a unanimous ruling to have a final verdict

large juries

dont need unanimous ruling

jury pool

list of eligible jury persons from which a jury could be selected

voir dire

questioning potential jurors to screen out those who might be biased or incapable of being fair

challenge for cause

specified reason for dismissal related to a person’s inability to be unbiased

peremptory challenge

removal of a jury person without a specified reason (limited strikes)

real evidence

physical evidence associated with crime (weapons, prints, etc)

demonstrative evidence

evidence not based on testimony that helps to understand the crime or demonstrates information about the crime (maps, photos, etc)

testimony

oral evidence provided by a witness

direct witness

eyewitness account

circumstantial evidence

evidence provided by a witness that a jury must infer a fact

defense strategies

presenting evidence to cast doubt in prosecuter’s case, provide and alibi, provide an affirmative defense

5th amendment right

defendant doesn’t have to testify

sequestered

jury is kept in a hotel to avoid outside info regarding the case

mistrial/hung jury

jury cant reach a decision

evidence has shown “better” deliberations in _______ jury rather than a ______ jury

Heterogeneous, homogenous

appeal

request to a higher court that it review the actions taken in a lower court case

appellate court can either…

affirm or reverse a lower courts ruling

habeas corpus

petition that asks the judge to determine if an individual is being properly detained in a jail, prison, or mental hospital (federal level, works 1% of the time)