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American Court System Explained Chapter 5 Trials - Coggle Diagram
American Court System Explained Chapter 5 Trials
Arraignment
First Appearence
Formal Charges
Pretrial Hearings
Motions
Plea Bargain
Both criminal and defendant reach a accepted agreement
Defendant can skip trial by pleading guilty which could give a lesser charge and lighter sentence.
Cost can be reduced and prosecution can give time to other needed cases.
Prosecution has the power to convince defendants to plea bargain, use of coercion. Dangerous offenders don't need a lighter sentence and innocent people shouldn't have to spend time in jail.
Encourages defendants to waive constitutional rights
Trial by jury is waived after accepting plea bargain
Plea bargaining is overused and allows for misconduct by police knowing defendants are likely not to take their cases to trial
Lots of disparity when it comes to plea bargains.
Threats cannot be used to secure a plea
Chief warren Burger stated "An affluent society ought not be miserly in support of justice, foe economy is not an objective of the system". The court should prioritize its profound responsibility to sort the guilty from the innocent over the efficient dispatch of criminal defendants.
Depositions
Trial by Jury: the 6th Amendment guarantees a speedy trial, a public trial by an impartial jury.
Jury Selection: voir dire, challenge for cause, peremptory challenge
Voice of Community
Jury pool is drawn each month of several hundred community people to possibly serve
Ones not accepted return to the pool for possible later selection
14 in total are selected, 12 to serve and 2 for back up
Evaluation of evidence: Jury instruction by judge, instructions of law, prove beyond a reasonable doubt.
Preponderance of evidence
Sentencing