Plea/Sentencing vocab

how does an open plea work?

• prosec. promies nothing

• prosec can argue whatever sentence they want since def. is taking their chances with the judge

how does a negotiated plea work?

• prosec promises something

• “ill drop this charge for this charge”

who must agree to a plea deal?

def, judge, prosec

guilty plea?

• def admits factual guilt

• prosec lisits crimes

• def admits to each

• on record judge reads rights lost by def since they plead guilty

nolo contendere plea?

• “non contest”

• def doesn’t admit factual guilt but doesn’t object to Prosecs characterization of their behavior and accepts punishment

• entered still as conviction on recored

• not admissible in civil court

conditional plea?

• Negotiated plea

• def reserves an appeal right they would normally have to waive

Alford plea?

• def is stating “i did not do this and i am innocent”

• factualing stating innocence but accepts punishment

• usualy bc def doesnt wanna risk conviction at trial

not guilty plea?

def insists on going 2 trial

what are the four types of evidence?

testimonial, physical, documentary, demonstrative

to be admissible, evidence must be what?

relevant, reliable, identified & authenticated, lawfully obtained

who decides if its a jury or non-jury trial?

commonwealth and Def.

who can make the motion to sequester the witnesses and whats the point?

• judge

• prevents the witness from conforming their testimony to other testmonies

who can never be sequestered and why?

def. can never bc it violates their right to council

what happens at Opening Instructions?

• optional

• elements of crime and court process explained by judge

what happens at opening statements?

attorneys introducing themselves to jury and casting their cases in the light most favorable to them

prosec first then DA

whats the prosecutions case in chief?

• The evidentiary portion of the trial

• the opportunity to prove every offense beyond a reasonable doubt

whats the order of the Prosecutions part of trial?

• direct examination-

• cross examination-DA

• re-direct examination -

• re-cross examination- DA

what happens during the prosecution’s witness direct examinations?

testimonal, documentary, physical, demonstrative evidence is entered

what order does a trial happen?

• opening instructions

• opening statements

• prosecs case in chief

• direct examination

• cross examination

• re-direct//cross

• prosecution rests

• defense examination

• defense rests

• rebuttal(optional)

• sur-rebuttal

• closing statements

• closing instructions

• verdict

motion for a demurrer…whos motion and function?

• defense motion

• da tries to dismiss all charges under the argument that “jury would never convict even if they viewed all the evidence in the light most favorable to the prosecution

what happens during a rebuttal phase?

• optional

• prosecution has more evi

• more witnesses to dispute DA

• no same testimony can be made-same words, only relevant facts

who can appeal a not guilty verdict?

• DEF only on issues raised by the trial court

• if found guilty, the judge informs DEF of the post-verdict rights

what happens at a post-trial motion?

• happens if there’s a guilty verdict

• before the trial judge

• defense alleges one or more reversible errors

what is a judge bound by when it comes to sentencing?

• statutory maximums

• mandatory minimums

• the rule that the minimum in PA must be one half or less of the maximum

when can the prosecution appeal the verdict?

only on the basis that it was illegal

what must judges do if they sentence someone with a mitigated range or less, or in an aggravated range or above?

judge must provide written reasons for why

how many months does a mitigated sentence entail?

60-70 months

how many months does a standard sentence entail?

73-84 months

how many months does an aggravated sentence entail?

85-96 months

what are the appeal courts?

• Pa Superior Court

• Pa supreme court -cert

• US supreme court -cert

the party whose name appears first on a case brief is?

appelle

the party whose name appears second on a case brief is?

respondent

Definition of rationale when it comes to a case brief?

the courts reasoning

Definition of rule of law when it comes to a case brief?

the principle of law to be followed as a result of this case(case law=goal)

Definition of procedural history when it comes to a case brief?

how this case wound its way from the lower courts to the US supreme court

Definition of affirmed when it comes to a case brief?

when the appellate court agrees with the lower courts decision and upholds the ruling

Definition of reversed when it comes to a case brief?

when the appellate court disagrees with the lower court's decision and overturns the ruling