Chapter 12: Plea Bargaining & Guilty Pleas + Chapter 8: Interrogations, Confessions & Identification Producers

Alford Plea

A guilty plea in which the defendant admits to the crime, but not necessarily all elects of it. An Alford plea does not require the defendant to allocate.

Ad Hoc Plea Bargaining

A team used to describe some of the strange concessions that defendants agree t make as oar of prosecutors’ decisions to secure guilty.

Admissions

When a person can simply admit to involvement in a crime without any police encouragement.

Custody

Typically an arrest. Custody is important in the Miranda context because Miranda warning do not need to be read if a person is not in custody.

Confession

When a person implicated himself or herself in criminal activity following police questioning and/or interrogation.

Due Process Voluntariness Approach

The requirement that any confession be voluntary under the “totality of circumstances".”

Deliberate Elicitation

Sixth Amendment right to counsel context, deliberate elicitation occurs when police officers create a situation likely to induce a suspect into making an incriminating statement.

Fair Examination Rule

The requirement that a witness, include the defendant, at either a trial or a grand jury hearing can be completed to answer questioning once he or she waives Fifth Amendment protection and beings to testify.

Formal Criminal Proceeding

Sixth Amendment right to counsel contest either a formal charge

• preliminary hearing

• indiciemt

• formation

• arraignment.

Interrogation

Express questioning or the functional equivalent of questions. Integrations are important in the Miranda context because Miranda warning to not need to be read mana persons I not technically interrogated.

Interview

An informal procedure whereas the interrogation is formally questioning a person with information about a suspected crime.

Judicial Inducements

When a judge offers something to the defendant in exchange for a guilty pleas. Most judicial inducements are prohibited.

Plea Bargaining

“The defendants agreements to please guilty to a criminal charge with the reasonable expectation of receiving some consideration from the state.”

Prosecutorial Inducements

Offers made by the prosecution to the defendant.

Physical Evidence

The opposite of testimonial evidence. Physical evidence can include murder weapons, documents and even the results from police lineups.

Statutory Inducements

Statues that offer incentives for pleading guilty.

Testimonal Evidence

For Fifth Amendment purpose, “testimonial evidence'“ is loosely defined to include incriminating statements made at any point during the criminal justice process whether or not the person making such statements is under oath.