CJUS P300 1st Edition Lecture 15 Outline of Last Lecture 1. Prosecutor and Plea Bargaining2. Trials3. Change of plea hearing4. Plea Negotiations5. Appeal6. Benefits to Victim7. Factual Basis8. Rape Shield Law9. Opening the DoorOutline of Current Lecture 1. Enhancements2. Death Penalty3. Felony Murder4. Colonial JailsCurrent LectureThe final is on the last Tuesday of the last week of class 1. Enhancements a. Something that is charged by the prosecutor pursuant to the law, doesn’t stand by itselfb. Enhances a charge that is already there. Adds something to the penalty but doesn’t do anything to the original charge itself. c. “Ups” something that is a certain type of crime and make it a more intense crimeThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.d. Decided on and charged by the prosecutori. Enacted by the legislatore. Does not HAVE to be chargedi. The prosecutor can choose not to do itii. The prosecutor can use it in a negotiated plea if they want to later f. If you commit a felony and you have a gun and you’re a convicted felon, that will enhance your charge g. Types of enhancements:i. Operating while intoxicated1. If you had been convicted in the past 5 years then it gets enhanced to a level 6 crimeii. Robbery is a B felony, if you have a gun then it enhances it up one more stepiii. Life without parole (Lwol)1. Also a capital offense (along with the death penalty)2. Death Penalty a. Majority of class believes in death penalty b. Didn’t become an issue until much later in our history c. Attaches to (eligibility for death penalty):i. Multiple Murders (not all murders in general)ii. Murder of a police officer, judge, correctional officer, sheriff, prosecutors, etc.1. Don’t kill a prosecutor iii. If there’s torture involved iv. Mutilating the body (before they’re dead)v. Killing a child under 12 yearsvi. Killing an elderly person over 65vii. Treason 1. Crime against the state of your country aka Edward Snowdenviii. If you commit certain felonies and someone dies (even if you didn’t want them to die) you are eligible for the death penalty (ex. Arson, robbery, burglary, rape, kidnapping)ix. Lying in waitx. Shooting into a building (if you kill someone)xi. Car hijacking (and someone dies) 3. Felony Murdera. If you were committing a certain crime and someone dies you can be charged with murder and thus be eligible for the death penaltyi. Don’t need multiple deaths for eligibility b. If you are an accomplice and you don’t actually commit the murder you can still be charged with felony murderc. Basically if ANYONE dies of any reason while you’re committing a felony you can be charged with felony murder d. Exists to discourage people from killing people while committing a felony e. Prosecutors don’t have to show intent, all they have to show is that there was afelony and someone died i. The prosecutor does NOT have to prove motive ii. The only time you get a “why” from the defendant is mainly when you’re talking about self-defense f. The defendant shoots someone and they don’t die and they end up dying within a years’ time, you can still charge murder and felony murder i. After a year you can’t charge for murder4. Colonial Jails a. Debtors prison i. For people who couldn’t pay their debtii. Was deemed unconstitutionalb. Held in jails until circuit judge (or judge from England) could arrivei. Trialii. Sentencingiii. Sentenced was carried out iv. That is why the day the judge arrived was such a spectacle c. You could be put to death for anything that was a felonyi. Stealing a horseii. Sleeping with someone’s wife etc.d. Misdemeanors you were branded or cut something