CRJ 100 - Chapter 13 (part 2)

What is an Arraignment?

a formal proceeding where the charging document is read to the defendant, and he or she is asked to enter a formal plea

What is a Discovery?

it is the process by which the parties exchange relevant information about a case

What must the prosecution do during the Discovery phase of a trial?

they must disclose all exculpatory evidence to the defense

What is Exculpatory Evidence?

it is any evidence that might be favorable to the defendant at trial; might cast doubt on guilt or mitigate culpability

What is a Plea Bargain?

an agreement from the defendant to plead guilty in exchange for some consideration from the government

What is Charge Bargaining?

it is when the defendant pleads guiltiy to a less serious charge than the one in the charging document

What is Count Bargaining?

it is when someone charged with multiple offenses pleads guilty to only some in exchange for the others being dropped

What is Sentence Bargaining?

when a defendant pleads guilty to the crime originally charged, but does so in exchange for a lesser sentence

What percentage of felony convictions are obtained by a plea bargain?

about 95%

What is a Motion?

it is a formal request asking the court to make a specific ruling

What is the Motion to Suppress?

the most important motion that can be made before a trial; defendant asks judge to suppress certain evidence from being considered at trial

What right does the Sixth Amendment guarantee?

the right to a speedy, public, and fair trial

What are the two main exceptions to the Sixth Amendment?

juveniles do not have the right to a speedy trial; the right to a jury trial does not apply to petty charges

What happens during a Voir Dire?

the venire is sworn to tell the truth and is asked questions to screen out people who cannot be fair and impartial

What is a Peremptory Challenge?

it is when each side (prosecution and defense) can excuse a few jurors without cause

What is a Petit Jury, and how many members does it typically consist of?

the panel of members who will actually listen to the evidence over the course of the trial; 12 jurors (typically)

What two presumptions is the jury guided by at the start of a criminal trial?

the presumption of sanity, and the presumption of innocence

What does the Presumption of Sanity suggest?

that all defendants are presumed sane unless they are proven insane at trial

What does the Presumption of Innocence suggest?

that all defendants are presumed innocent until proven guilty beyond a reasonable doubt

What is meant by an Indeterminate Sentencing Scheme?

it is when the statute sets a range of permissible sentences for a given offense (min and max)

What is meant by a Determinate Sentencing Scheme?

it is when there is a required sentence for a particular crime; this is a mandatory sentence