Key Terms: Chapter 11
1. Right to Counsel: a Sixth Amendment protection that guarantees suspects the right to representation by an attorney when their liberty is in jeopardy.
2. Effective Counsel: competent representation by an attorney. It is ineffective assistance of counsel when unprofessional errors would have changed the outcome of the case.
3. Necessarily Included Offenses: (“lesser” included offenses); offenses that are, by definition, included in a charge as part of another (more serious) offense.
4. Nolle Prosequi: a decision by a prosecutor no to press charges; also known as nol. pros.
5. Diversion Programs: alternatives to the formal criminal justice process that are implemented after charging but prior to adjudication; they attempt to achieve a noncriminal disposition of the case.
6. Pretrial Intervention (PTI): a type of diversion program in which a prosecutor suspends prosecution of a case pending the fulfillment of special conditions by the defendant. If these conditions are met, the case id dismissed.
7. Plea Bargaining: an agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty.
8. Speedy Trial Act: legislation requiring that all criminal cases be brought to trial within one hundred days.
9. Caseloads: the large number of cases to be adjudicated in the courts.
10. Case Mortality: case attrition, in which arrests do not result in convictions for various reasons.
11. “Three Strikes” Laws: laws under which conviction for a third felony results in an extended sentence, up to life imprisonment.
12. Pretrial Settlement Conference: a meeting of the prosecutor, defendant, counsel, and judge to discuss a plea before a trial is held. No plea negotiations can take place outside this setting.
13. Crime Control Model: the perspective that views the repression of criminal conduct as the most important function to be preformed by the criminal justice system, through speed, efficiency, and finality in criminal justice processing.
14. Due Process Model: the perspective that considers preservation of individual liberties to be the most important function of the criminal justice system, through accuracy, fairness, and reliability in criminal procedure.
Review Questions:
1. 1. What degree of discretion do prosecutors have in the disposition of cases? Explain.
The degree of discretion prosecutors have in the disposition of cases is whether the case will be prosecuted and what charges will be pressed. In a case of armed robbery, for example, assault, larceny, and weapons charges could be in addition to robbery charges. The additional charges are called necessary included offenses (or “lesser” included offenses) because they are included as part of the other (more serious) offenses. After charges have been filed, the prosecutor can decide whether to press the charges any further or to reduce the charge(s) in exchange for a guilty plea.
The degree of discretion prosecutors have in the disposition of cases is whether the case will be prosecuted and what charges will be pressed. In a case of armed robbery, for example, assault, larceny, and weapons charges could be in addition to robbery charges. The additional charges are called necessary included offenses (or “lesser” included offenses) because they are included as part of the other (more serious) offenses. After charges have been filed, the prosecutor can decide whether to press the charges any further or to reduce the charge(s) in exchange for a guilty plea.
1. 2. What are diversion programs? Give an example of such a program.
Diversion programs are alternatives to the formal criminal justice process, implemented after a suspect has been charged but prior to adjudication. One example of the diversion program is the Pretrial Intervention (PTI).
Diversion programs are alternatives to the formal criminal justice process, implemented after a suspect has been charged but prior to adjudication. One example of the diversion program is the Pretrial Intervention (PTI).
2. 3. What is plea bargaining? How long has it been used in the United States?
Plea bargaining is an agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty. Plea bargaining has long been used in the United States, historical records show.
Plea bargaining is an agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty. Plea bargaining has long been used in the United States, historical records show.
3.
4. What are some undesirable features of plea bargaining?
Some of the undesirable features of plea bargaining is, plea negations are conducted in private; the rights of the accused and the interest of the community are not visibly balanced (as occurs in trial); and the public may not believe that justice is achieved.
Some of the undesirable features of plea bargaining is, plea negations are conducted in private; the rights of the accused and the interest of the community are not visibly balanced (as occurs in trial); and the public may not believe that justice is achieved.
4.
5.What happens when mandatory sentences are combined with policies forbidding plea bargaining?
Mandatory sentencing, when combined with policies forbidding plea bargaining, appears simply to shift discretion to other parts of the criminal justice system. First, a restrictive plea bargaining policy usually leads to a restrictive case-screening policy, so fewer cases –the strong ones- are prosecuted. Second, when sentences are mandatory, the bargaining focuses on the charges against the accused. Third, a combination of no-plea-bargaining policies and mandatory sentences leads to fewer arrests, fewer indictments, fewer connections, and more dismissals, trials (versus plea), and appears. Fourth, researchers have not found that harsh penalties have a deterrent effect on the commission of the offenses covered by the policies.
Mandatory sentencing, when combined with policies forbidding plea bargaining, appears simply to shift discretion to other parts of the criminal justice system. First, a restrictive plea bargaining policy usually leads to a restrictive case-screening policy, so fewer cases –the strong ones- are prosecuted. Second, when sentences are mandatory, the bargaining focuses on the charges against the accused. Third, a combination of no-plea-bargaining policies and mandatory sentences leads to fewer arrests, fewer indictments, fewer connections, and more dismissals, trials (versus plea), and appears. Fourth, researchers have not found that harsh penalties have a deterrent effect on the commission of the offenses covered by the policies.
5.
6. What are some proposed alternatives to plea bargaining?
Some proposed alternatives for plea bargaining is eliminate undesirable aspects such as time limits, more public negotiations, better case-screening procedures, and reviews of plea agreement by a panel of judges.
Some proposed alternatives for plea bargaining is eliminate undesirable aspects such as time limits, more public negotiations, better case-screening procedures, and reviews of plea agreement by a panel of judges.
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7.. What problems are caused by increasing court caseloads?
Problems caused by increasing court caseloads arise because of judicial vacancies. More than 100 positions for federal judges remain unfilled because of disagreement between the president and the senate about suitable candidates. Another contributing factor to higher federal caseloads is the “federalizing” of crimes previously handled by the states. The Congress dramatically increased the number of federal crimes; therefore, crimes once handled exclusively in state courts are increasingly being tried as violations of federal law. Despite the growing trend toward the use of mediation and pretrial intervention programs, new cases to outstrip the capacity of these programs to deal with them.
Problems caused by increasing court caseloads arise because of judicial vacancies. More than 100 positions for federal judges remain unfilled because of disagreement between the president and the senate about suitable candidates. Another contributing factor to higher federal caseloads is the “federalizing” of crimes previously handled by the states. The Congress dramatically increased the number of federal crimes; therefore, crimes once handled exclusively in state courts are increasingly being tried as violations of federal law. Despite the growing trend toward the use of mediation and pretrial intervention programs, new cases to outstrip the capacity of these programs to deal with them.
7.
8. In what ways do the crime control and due process models conflict?
The criminal court and due process model conflict, therefore, according to this view, accuracy, fairness, and reliability in criminal procedure are keys to a property functioning system. Proponents of the due process believe that careful attention to the rights of individuals-when a much more powerful government prosecutes individuals-is essential to ensure that only the guilty are convicted and that the public has a high level of confidence in the system
The criminal court and due process model conflict, therefore, according to this view, accuracy, fairness, and reliability in criminal procedure are keys to a property functioning system. Proponents of the due process believe that careful attention to the rights of individuals-when a much more powerful government prosecutes individuals-is essential to ensure that only the guilty are convicted and that the public has a high level of confidence in the system
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