Chapter 9

A collection of vocabulary flashcards to aid understanding of key terms and concepts related to plea bargaining, trial processes, and sentencing in the criminal justice system.

Plea Bargaining

A compromise reached by the defendant, their attorney, and the prosecutor, in which the defendant agrees to plead guilty or no contest in return for a reduction of the charges’ severity or other concessions.

Pre-trial release

Being released before the trial takes place, balancing the presumption of innocence and preventative detention, often involving bail or bond alternatives.

Vertical Plea

A type of plea bargain where the defendant pleads guilty to a lesser charge to reduce potential for a harsher sentence.

Horizontal Plea

A plea bargain where the defendant pleads guilty to one charge in exchange for other charges being dropped.

Reduced-sentence Plea

A plea where all parties decide on a reduced sentence for the defendant.

Avoidance-of-stigma Plea

A strategy in plea bargaining where the defendant pleads guilty to a lesser charge to avoid the stigma of a more serious charge.

Motion for discovery

A pre-trial request wherein the defense seeks to obtain documents or a list of witnesses that the prosecution plans to call.

Grand jury

A group that hears the prosecutor’s evidence and decides if charges should be brought to trial.

Hung jury

A jury that cannot reach a unanimous verdict, leading to a mistrial.

Indeterminate sentencing

Sentencing that allows the parole board discretion to determine an offender's readiness for release.

Determinate sentencing

A fixed length of time that a defendant must serve for a crime, restricting the discretion of judges.

Mandatory minimum sentences

Laws that establish the minimum length of prison time offenders must serve for particular crimes.

Presumptive sentencing

A sentence that may be adjusted by the judge based on aggravating or mitigating factors.

Defendant's plea

The formal response made by a defendant to the charges against them, which can be accepted or rejected by the judge.