CJUS P300 1st Edition Lecture 14 Outline of Last Lecture1. Class Discussion on Plea Bargains2. Facts about Plea Bargaining3. Why to Plea Bargain4. How to Plea Bargain5. Public and Plea Bargaining Outline of Current Lecture 1. Prosecutor and Plea Bargaining2. Trials3. Change of plea hearing4. Plea Negotiations5. Appeal6. Benefits to Victim7. Factual Basis8. Rape Shield Law9. Opening the DoorCurrent Lecture1. Prosecutor and plea bargainingThese 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. The prosecutor DOES NOT have to make an offer. They can if they feel that it’s appropriate, but they do not have to. i. Victim does not control the offer but they have to be informed in a felony caseii. Conversely, the defendant does not have to accept an offer 1. Defendant must be informed that there is an offer and what that offer is 2. Trialsa. Jury Trialsi. 6 jurors depending upon the level of crimeii. 12 jurors as welliii. D felonies and less are 6iv. Felonies above that are 12b. Bench Triali. Trial in front of a judgeii. Judge hears all the evidence and makes a decisionc. Most defendants want a jury trial. It is the defendants decision, not the lawyers decision 3. Change of plea hearinga. The plea agreement is presented to the judge and defendant is informed and asked if he/she is ok with thisi. In a felony case it’s signedb. Judge explains to defendant what charge/charges are and what the level of penalty isi. Wants to make sure defendant understands it and is not being forced intoitc. Once the defendant says they agree to it and plead guilty they give up their constitutional rights i. They must be informed that they are giving up those rightsii. Including right to appeal conviction to a higher court iii. They cannot lose rights that they are still entitled to1. i.e. a PCR (post conviction relief)2. Can’t force defendant to give up their right to appeal if their is some appealable issue still present 3. You also have a right to expunge your record in certain conditionsa. Prosecutor cannot force you to give up this right by puttingit into a plea bargain d. Once you have pled guilty and it’s been accepted by the court you can’t go back on it unless the judge believes you have a valid reason i. Only the judge holds this power ii. If this happens, then everything is back to square one4. Plea negotiationsa. There are certain things that will be revealed by each side that cannot be used later against the defendanti. You won’t have a good negotiation if someone isn’t willing to come forward with something5. Appeala. Defendant can’t appeal conviction but they can appeal the sentencei. Still guilty, maybe different sentence6. Benefits to Victima. The victim gets to hear the defendant say “this is what I did”i. It’s closure for the victim and sometimes there’s an explanation as to why7. Factual Basisa. The elements of the crimei. All of the elements have to be met by the defendant b. Marijuana Examplei. Did you knowingly and willingly possess Marijuana? If yes then met element of the crimeii. There has to be a factual basis and defendant has to knowingly and intentionally be giving up their rights iii. Can’t be under the influence of anything or have a mental condition that could prevent them from knowingly agreeing to this 8. Rape shield lawa. Precludes the victim from being asked about their sexual history 9. Opening the Doora. If defendant “opens the door” to something then prosecutor can now ask about prior convictions if there are any i. Prosecution can’t have their hands tied otherwise you’ll present yourself as someone who you’re not reallyii. The prosecutor cannot bring it up though because it’s prejudicial iii. Only if the defendant himself does something to open that door iv. You can’t use past behavior to predict future behavior, highly prejudicial 1. Unless there is a crime of dishonesty conviction then you can bring that