CJ Admin Review- Plea Bargaining and Trials

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historical roots of plea bargaining

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  • British system

  • Emerged at dominant in 1920s

  • Became political issue 1960s

  • SCOTUS affirmed practice 1971

  • 1973 federal commission recommended abolition by 1978; unsuccessful

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issues with plea bargaining

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  • controversial

  • discretion of judges and prosecutors

  • judicial review and rejection

  • trial tax

  • confidence and legitimacy

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8 Terms

1

historical roots of plea bargaining

  • British system

  • Emerged at dominant in 1920s

  • Became political issue 1960s

  • SCOTUS affirmed practice 1971

  • 1973 federal commission recommended abolition by 1978; unsuccessful

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2

issues with plea bargaining

  • controversial

  • discretion of judges and prosecutors

  • judicial review and rejection

  • trial tax

  • confidence and legitimacy

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3

trial tax

receiving about a 40% harsher sentence if you go forward with a trial rather than pleading guilty 

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4

benefits of plea bargaining

  • Resource management, flexibility, assumption of responsibility, protection of victims

  • Resources and likely effects of abolition

  • quick and efficient

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5

criminal trials

  • 5-10% of cases go to trial

  • felonies, misdemeanors, adult offenders

  • adversarial process

  • both sides present case

  • bench or jury trial

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6

criminal trial processes

  • Opening statement

  • Prosecutors’ evidence, witnesses

  • Defense rebuttal

  • Closing arguments

  • Judge’s instructions to jury

  • discretion by jury

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7

jury deliberation

  • must reach unanimous decision —> could result in mistrial if not unanimous

  • Verdict (if found); guilt “beyond a reasonable doubt” ?

  • Judge strong incentives to get an efficient jury

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8

trial issues

  • adversarial issues

  • incomplete information

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