The document discusses several topics related to the criminal justice system process, including: pretrial procedures and plea bargaining; punishment and sentencing; the goals of punishment such as retribution, deterrence, incapacitation, and rehabilitation; and types of sentences judges can impose. It also discusses understanding what really happens in sentencing and whether the system treats wrongdoers equally.

1.  Chapter 8 – Pretrial Procedures, Plea
Bargaining, and the Criminal Trial
 Chapter 9 – Punishment & Sentencing
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2.  Check your personal bias (group, religious, lifestyle, status,
etc.) at the door;
 No cell phones or texting;
 No audio recording or videotaping without prior permission;
 Wait to be recognized before speaking;
 Monitor your air-time. Let at least two others speak before
you speak again.
 Listen attentively when others are speaking;
 Be civil in disagreeing with the views of others: Challenge the
idea and not the person; and
 Be willing to listen to both sides of an issue.
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3.  Understand the pretrial process in criminal cases
 Recognize how the bail system operates
 Understand the context of pretrial detention
 Recognize how and why plea bargaining occurs
 Know why cases go to trial and how juries are chosen
 Identify the stages of a criminal trial
 Understand the basis for an appeal of a conviction
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4.  At each stage of the pretrial process, key
decisions are made that move some
defendants to the next stage of the process
and filter others out of the system
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5. ADMJ 50

6.  The court appearance of an accused person in
which the charges are read and the accused,
advised by a lawyer, pleads guilty or not guilty
 Often arraignment is the first formal meeting
between the prosecutor and the defendant’s
attorney
 Arraignment is also an opportunity for a prosecutor
to test the strength of the case against the
defendant
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7.  An application to a court requesting that an order
be issued to bring about a specific action
 Examples of motions:
◦ Defense may seek an order for the prosecution to share
certain evidence
◦ Defense may seek exclusion of evidence based on the claim
that it was obtained through improper questioning of the
suspect or an improper search
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8.  An amount of money, specified by a judge, to be
paid as a condition of pretrial release to ensure
that the accused will appear in court as required
 The Eighth Amendment to the U.S. Constitution
forbids excessive bail, and state bail laws are
usually designed to prevent discrimination in
setting bail. They do not guarantee, however, that
all defendants will have a realistic chance of being
released before trial
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9.  According to a study of felony defendants in the
nation’s most populous counties, 62 percent were
released before disposition of their cases
 32 percent were unable to make bail
 6 percent were detained without bail
 Among those who gained release, 25 percent had
bail set at less than $5,000
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10.  Bail bondsmen are private businesspeople who are paid fees
by defendants who lack the money to make bail
 They are licensed by the state and can choose their own
clients
 In exchange for a fee, which may be 5 to 10 percent of the
bail amount, the bondsman will put up the money (or
property) to gain the defendant’s release
 Only two countries in the world use commercial bail bond
systems, the United States and the Philippines
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11.  The prosecutor may stress the seriousness of the crime, the
defendant’s record, and negative personal characteristics
 The defense attorney, if one has been hired or appointed at this
point in the process, may stress the defendant’s good job, family
responsibilities, and place in the community
 Like other aspects of bail, these factors may favor affluent
defendants over the poor, the unemployed, and people with
unstable families
 Yet many of these factors provide no clear information about how
dangerous a defendant is or whether he or she will appear in court
 The amount of bail may also reflect the defendant’s social class or
even racial or ethnic discrimination by criminal justice officials
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12.  Citation
 Release on recognizance
 Percentage bail
 Bail Guidelines
 Preventive detention
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13.  A written order or summons, issued by a law
enforcement officer, directing an alleged offender
to appear in court at a specific time to answer a
criminal charge
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14.  Pretrial release granted, on the defendant’s
promise to appear in court, because the judge
believes that the defendant’s ties to the community
guarantee that he or she will appear
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15.  Defendants may deposit a percentage (usually 10
percent) of the full bail with the court
 The full amount of the bail is required if the
defendant fails to appear
 The percentage of bail is returned after disposition
of the case, although the court often retains 1
percent for administrative costs
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16.  To deal with the problem of unequal treatment,
reformers have written guidelines for setting bail.
The guidelines specify the standards judges should
use in setting bail and also list appropriate
amounts
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17.  Holding a defendant for trial, based on a judge’s
finding that if the defendant were released on
bail, he or she would endanger the safety of any
other person and the community or would flee
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18.  Preventive detention provisions of the Bail Reform Act of
1984 are upheld as a legitimate use of government power
designed to prevent people from committing crimes while on
bail
 The justices said that preventive detention was a legitimate
use of government power because it was not designed to
punish the accused
 Instead, it deals with the problem of people who commit
crimes while on bail
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19.  People who are not released before trial must
remain in jail
 Often called the ultimate ghetto, American jails
hold almost 750,000 people on any one day
 Thus, a ―presumed innocent‖ pretrial detainee
might spend weeks in the same confined space
with troubled people or sentenced felons
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20.  Which is the worst case?
 A person under suspicion of involvement in a crime
is not detained, and commits a more serious
violent crime while out on bail.
 A person who is later found innocent is detained
and loses his or her family and job.
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21.  Few cases go to trial; instead, a negotiated guilty
plea arrived at through the interactions of
prosecutors, defense lawyers, and judges
determines what will happen to most defendants.
 Prosecutors maintain significant control over the
outcomes of plea bargains
 negotiated guilty pleas became common and was
upheld by the Supreme Court in the 1971 case of
Santobello v. New York
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22.  Plea bargaining has advantages for defendants, prosecutors, defense
attorneys, and judges
 Defendants can have their cases completed quickly
 The defendant is likely to receive less than the maximum
punishment that might have been imposed after a trial
 Prosecutors may gain an easy conviction
 Private defense attorneys also save the time needed to prepare for a
trial and earn their fee quickly
 Plea bargaining helps public defenders cope with large caseloads
 Judges avoid time-consuming trials
 Plea bargaining benefits all involved
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23.  Plea bargaining between defense counsel and
prosecutor is a serious game in which both sides
use various strategies and tactics
 A tactic that many prosecutors bring to plea-
bargaining sessions is the multiple-offense
indictment
 Defense attorneys may threaten to ask for a jury
trial if concessions are not made
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24.  Boykin v. Alabama (1969) Defendants must state that they are
voluntarily making a plea of guilty before a judge may accept
the plea.
 North Carolina v. Alford (1970) A plea of guilty by a
defendant who maintains his or her innocence may be
accepted for the purpose of a lesser sentence.
 Ricketts v. Adamson (1987) Defendants must uphold the plea
agreement or suffer the consequences.
 Bordenkircher v. Hayes (1978) A defendant’s rights were not
violated by a prosecutor who warned that refusing to enter a
guilty plea would result in a harsher sentence.
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25.  Some argue that plea bargaining is unfair because
defendants give up some of their constitutional
rights, especially the right to trial by jury
 A second argument stresses sentencing policy and
points out that plea bargaining reduces society’s
interest in appropriate punishments for crimes
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26.  Although the right to trial by jury is ingrained in
American ideology fewer than 9 percent of felony
cases go to trial
 Of these, only about half are jury trials, the rest are
bench trials, presided over by a judge without a
jury
 In 2004, trials produced only 3 percent of felony
convictions in the nation’s 75 most populous
counties
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27. Bench trials -Trials conducted by a judge who acts as
fact finder and determines issues of law. No jury
participates
Jury - A panel of citizens selected according to law
and sworn to determine matters of fact in a
criminal case and to deliver a verdict of guilty or
not guilty.
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28. 1. Prevent government oppression by safeguarding citizens against
arbitrary law enforcement
2. Determine whether the accused is guilty on the basis of the evidence
presented
3. Represent diverse community interests so that no one set of values
or biases dominates decision making
4. Serve as a buffer between the accused and the accuser
5. Promote knowledge about the criminal justice system by learning
about it through the jury duty process
6. Symbolize the rule of law and the community foundation that
supports the criminal justice system
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29. (1) selection of the jury
(2) opening statements by prosecution and defense
(3) presentation of the prosecution’s evidence and
witnesses
(4) presentation of the defense’s evidence and
witnesses
(5) presentation of rebuttal witnesses
(6) closing arguments by each side
(7) instruction of the jury by the judge
(8) decision by the jury
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30.  Questioning of prospective jurors to screen
out people the attorneys think might be
biased or otherwise incapable of delivering a
fair verdict.
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31. ADMJ 50

32.  Challenge for cause Removal of a prospective juror
by showing that he or she has some bias or some
other legal disability. The number of such
challenges available to attorneys is unlimited
 Peremptory challenge Removal of a prospective
juror without giving any reason. Attorneys are
allowed a limited number of such challenges
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33.  Are peremptory challenges a good idea in
jury selection?
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34.  The defendant, a married, twenty-six-year-
old white male, is charged with sexually
assaulting a single, twenty-one-year-old
white female co-worker in his car when
giving her a ride home from an office party at
which both of them drank several beers.
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35.  Real evidence - Physical evidence—such as a
weapons, records, fingerprints, and stolen property—involved
in the crime.
 Demonstrative evidence - Evidence that is not based on
witness testimony but that demonstrates information relevant
to the crime, such as maps, X-rays, and photographs;
includes real evidence involved in the crime.
 Testimony - Oral evidence provided by a legally competent
witness.
 Direct evidence - Eyewitness accounts.
 Circumstantial evidence - Evidence provided by a witness
from which a jury must infer a fact
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36.  The defense is not required to answer the case
presented by the prosecution.
 As it is the state’s responsibility to prove the case
beyond a reasonable doubt
(1) contrary evidence is introduced to rebut or cast
doubt on the state’s case
(2) an alibi is offered
(3) an affirmative defense is presented
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37.  When the defense’s case is complete, the
prosecution may present witnesses whose
testimony is designed to discredit or counteract
testimony presented on behalf of the defendant
 If the prosecution brings rebuttal witnesses, the
defense has the opportunity to question them and
to present new witnesses in rebuttal.
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38.  When each side has completed its presentation of
the evidence, the prosecution and defense make
closing arguments to the jury
 The attorneys review the evidence of the case for
the jury, presenting interpretations of the evidence
that favor their own side
 Each side may remind the jury of its duty to
evaluate the evidence impartially and not to be
swayed by emotion
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39.  The standard used by a jury to decide if the
prosecution has provided enough evidence for
conviction
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40.  A request to a higher court that it review actions
taken in a trial court
 Appeals are based on questions of procedure, not
on issues of the defendant’s guilt or innocence
 The appellate court will not normally second-guess
a jury
 Instead it will check to make sure that the trial
followed proper procedures
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41.  A writ or judicial order requesting the release of a
person being detained in a jail, prison, or mental
hospital. If a judge finds the person is being held
improperly, the writ may be granted and the
person released
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42.  Understand the pretrial process in criminal cases
 Recognize how the bail system operates
 Understand the context of pretrial detention
 Recognize how and why plea bargaining occurs
 Know why cases go to trial and how juries are
chosen
 Identify the stages of a criminal trial
 Understand the basis for an appeal of a conviction
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43.  Punishment & Sentencing
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44.  Recognize the goals of punishment
 Identify the types of sentences judges can impose
 Understand what really happens in sentencing
 Analyze whether the system treats wrongdoers
equally
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45.  Retribution
 Deterrence
 Incapacitation
 Rehabilitation
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46.  Punishment inflicted on a person who has infringed
on the rights of others and so deserves to be
penalized.
 This approach rests on the philosophical view that
punishment is a moral response to harm inflicted
on society
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47.  There are two types of deterrence:
 General deterrence - Punishment of criminals that
is intended to be an example to the general public
and to discourage the commission of offenses.
 Specific deterrence - Punishment inflicted on
criminals to discourage them from committing
future crimes.
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48.  Depriving an offender of the ability to commit
crimes against society, usually by detaining the
offender in prison.
 Selective Incapacitation - Making the best use of
expensive and limited prison space by targeting for
incarceration those individuals whose incapacity
will do the most to reduce crime in society.
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49. The goal of restoring a convicted offender to a
constructive place in society through some form of
vocational or educational training or therapy.
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50.  Punishment designed to repair the damage done to
the victim and community by an offender’s criminal
act
 A three-way approach that involves the
offender, the victim, and the community
 This approach may include mediation in which the
three actors devise ways that all agree are fair and
just for the offender to repair the harm done to
victim and community
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51. ADMJ 50

52.  Incarceration, intermediate
sanctions, probation, and death are the basic ways
that the criminal sanction, or punishment, is
applied
 The United States does not have a single, uniform
set of sentencing laws
 The criminal codes of each of the states and of the
federal government specify the punishments
 Judges often receive wide discretion in determining
the appropriate sentence
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53.  Imprisonment is the most visible penalty imposed by U.S.
courts
 Although less than 30 percent of people under correctional
supervision are in prisons and jails, incarceration remains the
standard for punishing those who commit serious crimes
 Three basic sentencing structures are used:
◦ Indeterminate sentences (36 states)
◦ Determinate sentences (14 states)
◦ Mandatory sentences (all states)
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54.  A period, set by a judge, that specifies a minimum
and a maximum time to be served in prison.
Sometime after the minimum, the offender may be
eligible for parole.
 Because it is based on the idea that the time
necessary for treatment cannot be set, the
indeterminate sentence is closely associated with
rehabilitation.
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55.  A sentence that fixes the term of imprisonment at a
specific period
 Some determinate-sentencing states have adopted
penal codes that stipulate a specific term for each
crime category
 Others allow the judge to choose a range of time to
be served
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56.  A sentence for which the legislature or a
commission sets a minimum and maximum range
of months or years
 Judges are to fix the length of the sentence within
that range, allowing for special circumstances
 Only in special circumstances should judges
deviate from the presumptive sentence
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57.  A sentence determined by statutes and requiring
that a certain penalty be imposed and carried out
for convicted offenders who meet certain criteria
 The judge may not consider the circumstances of
the offense or the background of the offender
 The judge may not impose non-incarcerative
sentences
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58.  Common Belief: Long, mandatory sentences will
deter people from committing crimes because they
will stop themselves from causing harm to society
out of fear of the severe punishments that await
them.
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59.  Potential offenders must think rationally and weigh
the costs and benefits of crimes before committing
criminal acts; and
 Potential offenders must fear that possibility that
they will be caught.
 In fact, many offenders do not think rationally
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60.  Adopted by 26 states and the federal government
 These laws require that judges sentence offenders
with three felony convictions (in some states two or
four convictions) to long prison terms, sometimes
to life without parole
 In some states, these laws have inadvertently
clogged the courts, lowered the rates of plea
bargaining, and caused desperate offenders to
violently resist arrest
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61. ADMJ 50

62.  Regardless of the prison sentence imposed it may
bear little resemblance to the actual amount of
time served
 In reality, parole boards in indeterminate-
sentencing states have broad discretion in release
decisions once the offender has served a minimum
portion of the sentence
 Offenders can have their prison sentence reduced
by earning ―good time‖ for good behavior, at the
discretion of the prison administrator.
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63. ADMJ 50

64.  A reduction of an inmate’s prison sentence, at the discretion
of the prison administrator, for good behavior or participation
in vocational, educational, or treatment programs.
 Prosecutors and defense attorneys take good time into
consideration during plea bargaining by calculating the actual
amount of time a particular offender will likely serve
 The amount of good time one can earn varies among the
states, usually from 5 to 10 days a month
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65.  Laws that require offenders to serve a substantial
proportion (usually 85 percent for violent crimes)
of their prison sentence before being released on
parole
 Has become such a politically attractive idea that
the federal government has allocated almost $10
billion for prison construction to those states
adopting truth-in-sentencing
 Critics maintain that truth-in-sentencing will
increase prison populations at a tremendous cost
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66.  Punishments that are less severe and costly than
prison but more restrictive than traditional
probation
 Intermediate sanctions provide a variety of
restrictions on freedom
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67.  Fines
 Home confinement
 Intensive probation supervision
 Restitution to victims
 Community service
 Boot camp
 Forfeiture of possessions or stolen property
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68.  A sentence that the offender is allowed to serve
under supervision in the community
 The most frequently applied criminal sanction
 Nearly 60 percent of adults under correctional
supervision are on probation
 Conditions are imposed specifying how an offender
will behave through the length of the sentence
 Probation is not extended as a right to the offender
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69. A sentence in which the offender is released
after a short incarceration and re-sentenced to
probation
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70.  The U.S. Supreme Court decided that capital
punishment does not violate the Eighth
Amendment’s prohibition of cruel and unusual
punishments
 The numbers of people facing the death penalty
has increased dramatically
 Although about 200 people are sent to death row
each year, since 1977 the annual number of
executions has never exceeded 98
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71. ADMJ 50

72.  Death differs from other punishments in that it is
final and irreversible
 Because life is in the balance, capital cases must be
conducted according to higher standards of
fairness and more-careful procedures than are
other kinds of cases
 Several important Supreme Court cases illustrate
this concern
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73.  Furman v. Georgia (1972) - The death penalty, as
administered, constitutes cruel and unusual
punishment.
 Gregg v. Georgia (1976) - Judge and jury must
consider certain mitigating and aggravating
circumstances and proceedings must also be
divided into a trial phase and a punishment phase.
 McCleskey v. Kemp (1987) - The Supreme Court
rejects a challenge of Georgia’s death penalty on
grounds of racial discrimination.
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74.  Atkins v. Virginia (2002) - Execution of the
mentally retarded is unconstitutional.
 Roper v. Simmons (2005) - Execution of offenders
for crimes committed while under the age of 18 is
unconstitutional.
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75.  Execution of the mentally ill
 Effective counsel
 Death-qualified juries
 Appeals
 International law
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76. ADMJ 50

77.  The death penalty deters criminals from
committing violent acts.
 The death penalty achieves justice by paying killers
back for their horrible crimes.
 The death penalty prevents criminals from doing
further harm while on parole.
 The death penalty is less expensive than holding
murderers in prison for life.
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78.  No hard evidence proves that the death penalty is a deterrent.
 It is wrong for a government to participate in the intentional
killing of citizens.
 The death penalty is applied in a discriminatory fashion.
 Innocent people have been sentenced to death.
 Some methods of execution are inhumane, causing
painful, lingering deaths.
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79. ADMJ 50

80. Within the discretion allowed by the code, various
elements influence the decisions of judges:
◦ The administrative context of the courts
◦ The attitudes and values of judges
◦ The presentence report
◦ Sentencing guidelines
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81.  A report, prepared by a probation officer, that
presents a convicted offender’s background and is
used by the judge in selecting an appropriate
sentence
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82.  A mechanism to indicate to judges the expected
sanction for certain offenses, in order to reduce
disparities in sentencing.
 Although guidelines make sentences more
uniform, many judges object to having their
discretion limited in this manner
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83.  Harsh, unjust punishments can occur
because of sentencing disparities and
wrongful convictions.
 Examples of contemporary issues:
◦ Racial disparities
◦ Wrongful convictions
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84.  Recognize the goals of punishment
 Identify the types of sentences that judges can
impose
 Understand what really happens in sentencing
 Analyze whether the system treats wrongdoers
equally
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