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UW-Milwaukee CRMJST 275 - Bargaining and the Criminal Trial

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CRM JST 275 1st Edition Lecture 22 I. Defining Plea Bargaininga. ~95% cases involve a guilty pleab. Involves:i. Pleading guilty, allocution, giving up right to trial (and attendant rights)ii. Forms of bargaining:1. Charge reduction2. Count reduction3. Sentence recommendations/concessionsa. “plea on the nose”b. Judge shopping*II. Ad Hoc Plea Bargaininga. Unusual concessions defendants agree to make during the plea negotiation processi. E.g. giving up professional license, substantial sentence departures (probation for serious drug case), giving up propertyIII. Issues Related to Guilty Pleasa. Boykin v. Alabama (1969) – must be made knowingly and voluntarily *need to know for exam*b. Coercion and promises:i. Death penalty vs. life imprisonment = not coercive (Brady v. US, 1970; Alfor v. North Carolina, 1970)ii. Pleading to a lesser offense or promises of leniency = not coerciveiii. Prosecutor must keep good on plea agreement terms (Santobello v. New York, 1971)iv. The potential for additional charges if refuse a plea deal = not coercive (Bordenkircher v. Hayes, 1978)IV. The Plea HearingThese 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.a. Plea agreement drafted (terms of each side)b. Plea date:i. Agreement read in courtii. Judge questions to ascertain knowingly and voluntarily1. E.g. Boykin form2. Rights waived re. trial3. No additional threats/promises4. Satisfied with defense counseliii. Defendant admits to offense (allocution)V. Arguments for Plea Bargaininga. Necessary: Number cases vs. time availableb. Benefits defendanti. Certainty and perceived leniencyc. Benefits prosecutori. Conviction secured, use resources on other casesd. Benefits judgei. Clears docketVI. Arguments Against Plea Bargaininga. Coercioni. Overcharging prosecutors, overworked public defendersii. Not getting a good dealiii. Limits defendant’s rightsiv. “Trial Penalty” for those who don’t accept pleab. Undermines integrity of the systemi. Discretion, coercion, view as unfairVII. Plea Bargaining Practices: CWG Policiesa. Some have few restrictionsb. Some restrict based on crimesi. E.g. not sexual assault or serious drug crimesc. Some restrict formsi. E.g. no charge reduction, but can sentence bargaind. Experiments on plea reductionsi. Mixed effectiveness – pleas still occurred, bargaining may change formThe Criminal Trial (Ch. 11)I. Jury Selectiona. Voir Direi. Challenge for causeii. Peremptory challengeb. Jury sworn ini. Presumption of innocenceii. BARDiii. Additional rules: no media/outside investigation, sequestering, gag order, etc.II. Opening Statementsa. Given by both the prosecutor and defenseb. A preview of the coming triali. Sets tone, casts trial through a framed lensc. Typically includes:i. Preview evidenceii. Convincing statement (prove or disprove BARD)iii. Hint at motive or justificationiv. Emotional appealIII. Presentation of Evidencea. Prosecutor’s Case-in-Chiefb. Motion for Acquittal (by defense)c. Defense’s Case-in-Chiefd. Rebuttal (by prosecutor)i. Call witnesses to challenge defense raised, own experts to refutee. Surrebuttal (by defense – rare)f. **Case-in-Chief includes:i. Direct Examination (Introduce evidence)ii. Cross Examination (Goal: impeach or inconsistencies raised)iii. Re-direct (clarify issues raised during


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UW-Milwaukee CRMJST 275 - Bargaining and the Criminal Trial

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