Deferred prosecution plea bargain and case dismissal

Info icon This preview shows pages 6–8. Sign up to view the full content.

View Full Document Right Arrow Icon
Deferred prosecution, plea bargain and case dismissal are all reasons why only a small percentage or reported crimes lead to trial a. Only about 10% of all reported criminal cases go to trial 69. Sporting Theory of Justice – coined by Dean Wigmore a. Describes the legal contest matching the rhetorical and legal skills of two lawyers with the judge as referee
Image of page 6

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

View Full Document Right Arrow Icon
70. Probable cause – the amount of proof necessary for a reasonable intelligent person to believe that an accused person has committed a crime a. In order to go to trial probable cause must e established by the prosecution in the pretrial hearings and reports 71. 6 th Amendment – right to a speedy trial, protect from indefinite incarceration prior to trial 72. Bail – circumstance where the suspects are released from custody but on a condition that money or property is offered that the defendant will appear… know this a. 8 th Amendment – forbids excessive bail , excessive fines and cruel and unusual punishment… know this b. Bail is used by the court to ensure the accused is present at trial 73. Recognizance – the court excepts the defendants word that they will return for the criminal justice process without bail a. The judge believes the defendant has nothing to gain and a reputation to lose by running 74. Arraignment – defendants are arraigned in their first court appearance in criminal cases and here the indictment read to them they are asked to enter a plea of : a. Guilty – 90% of all defendants plead guilty at the arraignment b. Not guilty c. No contest (nolo contendere) – same as guilty in court, but not guilty in civil court protects from victim suing for damages d. Defendants can also not enter any plea (stand mute) which is treated as not guilty 75. Dismissal of case – dismissal of case without determining guilt or innocents a. Judge will dismiss for procedural error b. Or if he finds a mistake in the charges or the facts 76. Bench Trial – a trial with no jury, also called a court trial, relies on the judge to decide the outcome and sentence 77. Preliminary Hearing – judge decides probable cause based on the reasonableness test, and conclude based on the facts that the defendant committed the crime a. Evidence is presented and witnesses before a judge to examine merits of case b. Many defendants often decide at this point to plead guilty or to plea bargain to lesser charge 78. Grand Jury – serious crime punishable by death, imprisonment, hard labor, loss of civil or political privileges often will have an extra review of the facts by the grand jury before the filing of formal criminal charges a. Defendant cannot attend without permission b. If grand jury finds probable cause then it issues an Indictment 79. Charging Documents- a. Indictment – issued by grand jury b.
Image of page 7
Image of page 8
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern