Bail, Plea Bargaining, and Jury Selection PDF 2021

Bail, Plea Bargaining, and Jury Selection Thursday, November 4, 2021 11:11 AM Pretrial Processing 3 options for pretrial release ○ Release on own recognizance ▪ "ROR" ▪ Not admitting anything. Under the understanding that they will come back for their court date. Takes a lot of trust. ○ Bail ▪ Givin...

Bail, Plea Bargaining, and Jury Selection Thursday, November 4, 2021 11:11 AM Pretrial Processing 3 options for pretrial release ○ Release on own recognizance ▪ "ROR" ▪ Not admitting anything. Under the understanding that they will come back for their court date. Takes a lot of trust. ○ Bail ▪ Giving money to guarantee that you will come back for court date. ○ Preventative detention ▪ Denied bail. Person stays in jail. Person is probably dangerous / could escape to another country. Considerations - what might a judge consider before granting bail? ○ Their crime severity, violence factor, flight risk, ties to the community. Characteristics of Bail What does the 8th Amendment protect against? ○ Excessive bail and cruel and unusual punishment Purpose of bail? ○ Want them to show up to their court date. Not admitting guilt. Ways to pay ○ Directly to court ○ Bail bondsman Is it fair to keep people in jail if they are offered bail but cannot afford it? ○ A lot of people do not have the money to post bail. ○ Some offenders sit in jail even if they are offered bail. Plea Bargaining Most common method of disposition Common strategies: Jury trial penalty This study source was downloaded by 100000875141415 from CourseHero.com on 03-17-2024 11:46:06 GMT -05:00 https://www.coursehero.com/file/128688582/Bail-Plea-Bargaining-and-Jury-Selectionpdf/ CCJ Notes Page 1 ○ Jury trial penalty ▪ Prosecutor implying that if they go to trial, they will give you the harshest penalty they can. ○ Count stacking ▪ Charging a person with every possible charge that evidence can support. ○ Up-charging ▪ Example: Charging with second degree murder, even though it could be considered voluntary manslaughter Could take a plea if they cannot post bail. Bargaining chips ○ Lesser charge ○ Reduce counts ○ Favorable sentence You waive constitutional rights when you agree to a plea bargain. Has to be voluntary. Criminal Trial Procedure Criminal trials are rare ○ Only about 10% of cases go to trial. Majority are bench trials. ○ Just the judge without the involvement of a jury. ○ Can have the choice of a bench trial or jury. Jury selection ○ 6-12 jurors selected ○ Venire ▪ Initial list of potential jurors ▪ Voter registrations or driver's license. Jury Selection Voir dire ○ Process of questioning potential jurors Jurors can be excluded if they cannot be impartial. Challenges for cause ○ Potential bias or other qualification problem. Peremptory Challenges This study source was downloaded by 100000875141415 CourseHero.com on 03-17-2024 11:46:06 GMT -05:00 Prosecutor andfromdefense can excuse juror for own reasons https://www.coursehero.com/file/128688582/Bail-Plea-Bargaining-and-Jury-Selectionpdf/ CCJ Notes Page 2 ○ Prosecutor and defense can excuse juror for own reasons ○ Limited in number ○ Restrictions: ethnicity, race, and sex of potential juror. This study source was downloaded by 100000875141415 from CourseHero.com on 03-17-2024 11:46:06 GMT -05:00 Powered by TCPDF (www.tcpdf.org) https://www.coursehero.com/file/128688582/Bail-Plea-Bargaining-and-Jury-Selectionpdf/ CCJ Notes Page 3