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IUB CJUS-P 300 - Sentence Hearings

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CJUS P300 1st Edition Lecture 21 Outline of Last Lecture 1. Perjury2. Trials3. Jury Trial ProceedingsOutline of Current Lecture 1. Sentence Hearings2. Appellate Court3. Self Defense4. Problem Solving Courts5. Exam DetailsCurrent Lecture1. Sentence Hearingsa. 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 daysb. 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 defendantsi. 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.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 innocence2. 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 timemight affect their life negatively (children)1. Mention your childhood, drug addict, whatever will convince the judge that you are able to be rehabilitatedf. Punishment (jail) is not supposed to be retaliation but rather rehabilitation 2. Appellate Courta. The purpose of the appellate court is to look at cases across the state and try to make them equalizedb. 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 becausethey normally don’t wini. Defendants have to be informed of their right to appeal 3. Self Defensea. If the defendant claims self-defense, alibi, mental illness the burden shifts to the defensei. The defendant must give evidence to support their defenseii. If it’s alibi the burden shifts to you to prove thatiii. If you claim you’re mentally ill the burden shifts to you and you must bring in experts to say you were mentally illb. The defense then has to provide discovery to the prosecutor, names of witnesses, and what those witnesses will say4. Problem Solving Courtsa. 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 court5. Exam Detailsa. 50 questions True and Falsei. Goes from the Midterm onb. Attorney client privilege relationship (especially regarding defense lawyers)c. Search and Seizure is and is noti. Probable caused. Jury Trials and Hearingse. Know the rules of evidence f. Plea Bargaining g. Enhancements h. Answer to 41 is True i. Answer to 12 is Truej. There are more True than


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IUB CJUS-P 300 - Sentence Hearings

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