Hearing date is set plea bargaining 90 of all cases

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Hearing date is set. Plea bargaining –90% of all cases The actual trial begins, the accused is presented to the judge, formal charges are read, and the defendant enters a plea: The four primary pleas: Not Guilty : notified of rights, trial competency, council is appointed (if the defendant is unable to afford an attorney), and trial by judge or jury. Guilty : determine if the plea is made voluntarily and defendant understand the consequence of the plea. Sentencing is determined by the judge (the judge can refuse a guilty plea and enter a not guilty plea) Nolo contendere: No contest Standing mute : remaining mute results in a not-guilty entry. The trial process: Opening statement by prosecution Opening statements by the defense Presentation of the defense’s case Prosecutor’s rebuttal
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Defense’s rebutal Closing statements Charging the jury Return of verdict 7. Sentencing –determined by judge or by jury (varies by offense and jurisdiction 8. Incarceration or alternatives (probation or restitution, etc.) 9. Release –parole –most inmates do not serve full sentence The criminal justice system funnel Of 1000 serious crimes –500 unreported Of 500 reported crimes –400 unsolved Of 100 people arrested –35 are juveniles Of 65 adults –25 are dropped Of 40 cases accepted for prosecution –10 jump bail or runaway Of 30 cases that go to trial –1 is acquitted 27 plead guilty and 2 are found guilty Of 29 sentenced –9 placed on probation Of 1000 serious crimes –20 end up with an adult being incarcerated Wedding cake model of justice –samuel walker Top layer –celebrated cases –full array of procedures Second layer –serious felonies –full jury trial Third layer –less serious felonies –typically younger offenders –plea bargain, reduction of charges, probation or outright dismissal Fourth layer –misdemeanors –handled in assembly line fashion.
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