IUB CJUS-P 300 - Sentence Hearings (3 pages)

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Sentence Hearings

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Sentence Hearings


Students discuss sentence hearings, appellate courts and self defense.

Lecture number:
Lecture Note
Indiana University, Bloomington
Cjus-P 300 - Topics in Criminal Justice
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CJUS P300 1st Edition Lecture 21 Outline of Last Lecture 1 Perjury 2 Trials 3 Jury Trial Proceedings Outline of Current Lecture 1 Sentence Hearings 2 Appellate Court 3 Self Defense 4 Problem Solving Courts 5 Exam Details Current Lecture 1 Sentence Hearings a Under Indiana law a criminal defendant whether they plead guilty or are found guilty they must be sentenced within 30 days unless they waive the right to be sentenced within 30 days b Differs greatly from a regular hearing The major difference being that you the defendant no longer have the constitutional rights they had before right to remain silent etc c Difference in mind set of defendants i If they plead guilty then you have admitted that you did it ii If they were found guilty then you are unhappy because you didn t admit guilt d Sentencing hearings also happen on a plea agreement These 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 2 3 4 5 e Sentencing hearing is an opportunity for both the defendant and prosecutor to be heard i Prosecutor is going to bring up criminal history present evidence through the victim s testimony want them to describe how awful and terrible the crime was call people who are affected by this crime 1 There is no longer a presumption of innocence 2 Victims witnesses can talk about how horrible it was and don t necessarily have to stick to the fact Emotion is allowed ii Defendant at the sentencing hearing might show remorse show why you re important not a threat to the community show how more jail time might affect their life negatively children 1 Mention your childhood drug addict whatever will convince the judge that you are able to be rehabilitated f Punishment jail is not supposed to be retaliation but rather rehabilitation Appellate Court a The purpose of the appellate court is to look at cases across the state and try to make them equalized b They give a lot of deference to the trial courts but they can still change it c The state and defendant can appeal but the prosecutor s typically do not because they normally don t win i Defendants have to be informed of their right to appeal Self Defense a If the defendant claims self defense alibi mental illness the burden shifts to the defense i The defendant must give evidence to support their defense ii If it s alibi the burden shifts to you to prove that iii If you claim you re mentally ill the burden shifts to you and you must bring in experts to say you were mentally ill b The defense then has to provide discovery to the prosecutor names of witnesses and what those witnesses will say Problem Solving Courts a Authorized and sanctioned by Supreme Court of Indiana b Typically for drug or alcohol related offenses to address the drug problems that plague most defendants c Prosecutors can make people eligible for drug treatment court Exam Details a 50 questions True and False i Goes from the Midterm on b Attorney client privilege relationship especially regarding defense lawyers c Search and Seizure is and is not i Probable cause d Jury Trials and Hearings e f g h i j Know the rules of evidence Plea Bargaining Enhancements Answer to 41 is True Answer to 12 is True There are more True than False

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