Crim outline - Prof klien

Crim outline - Prof klien - Fall 2006 Prof. Klien Stages of...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Fall 2006 Prof. Klien Stages of a Prosecuting a Criminal I. Arraignment a. 1 st time the ∆ is brought into court b. Either a plea of guilty or Not guilty c. Some states use the term “ A pleas of No Lo Contendere” - the ∆ does not dispute the facts, but argues extenuating circumstances (i.e. A reason for speeding) d. Sometimes a plea bargain is discussed i. Plea Bargain- Prosecution reduces the charge to a lesser charge, resulting in a lesser sentence.- Certain crimes have a standard for plea bargains- A plea bargain cannot be valid w/ a plea allocution- Reasons the D.A enters into a plea bargain: o Saves time, money, & the court’s resources o Justifying a plea bargain to the victim of a crime: D.A. doesn’t need to inform the victim about the case Could tell him that the case could have resulted in an acquittal. o Judges role in a plea bargain:\ State Level • Often pressure ∆ w/ one time offers • Prefer pleas because it gives incentives to admit wrong was done • This leads to rewards for voluntary admission, on the road for rehabilitation, and shows remorse for committing a crime. Federal Level : Judges are not permitted to be involved in the plea bargain. ii. Plea Allocution- The defendant must answer, ‘yes’, to all these questions : 1) Have you already spoken with your attorney before entering the plea?- A defendant doesn’t need to have a lawyer, could appear in the Court. Pro Se – where one acts as their own attorney. 2) Do you understand that you’re giving up your rights to have the right to trial, to call you own witnesses, to confront one’s accusers, and to testify on your own behalf?- Granted by the 6 th Amendment 3) Are you entering into this plea voluntarily? 4) So you are now pleading guilty to…? e. Judge sets bail A. Factors used to determine bail 1. ∆’s character – never committed crime AND ∆ has a reputation in the community 2. ∆ ’s employment (employed ∆ is less likely to flee 3. ∆ ’s prior criminal record ( ∆ ’s w/ prior record have a greater likelihood to flee) 4. ∆ ’s record for attending prior court appearances 5. Strength of the prosecutions’ case & weight of evidence against the ∆ 6. The severity of the sentence the ∆ faces. 7. Other extenuating circumstances (i.e. dual citizenship) 8. Type of offense (was the crime a violent crime) 9. ∆’s family ties and roots in the community B. Range of bail that can be set 1. ROR – Released on recognizance 1. No bail needs to be set 2. Usually set if the judge feels the person is trustworthy...
View Full Document

This note was uploaded on 04/17/2008 for the course LAW ? taught by Professor Harmon during the Fall '08 term at Touro NY.

Page1 / 34

Crim outline - Prof klien - Fall 2006 Prof. Klien Stages of...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online