Mainstream and Crosscurrents, Second Edition
Chapter 10
The Disposition:
Plea Bargaining, Trial,
and Sentencing
Plea Bargaining
 Not concerned with determining guilt
or innocence.
 Allows the defendant and the
prosecution to efficiently determine
the amount of punishment without
the expense of a jury trial.
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Plea bargaining
 Vertical plea
 Horizontal plea
 Reduced-sentence plea
 Avoidance-of-stigma plea
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Plea bargaining
Vertical plea
By pleading guilty or nolo contendere
to a lesser included charge, the
defendant can reduce the potential
for a harsh sentence.
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Plea bargaining
Horizontal plea
The defendant will plead guilty to a
charge in exchange for other charges
being dropped.
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Plea bargaining
Reduced-sentence plea
The prosecutor, defense attorney,
and judge might decide on a reduced
sentence.
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Plea bargaining
Fundamental issues
 Presumption of factual guilt
 Costs and risks of trial
 What to do with the guilty
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The Trial
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Indictment
Defendant's plea
Prosecution opening statement
Defense opening statement
Witnesses and evidence presented
Defense closing arguments
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The Trial
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Prosecution closing arguments
Judge's instructions to jurors about procedures
Judge's instructions to jurors about verdicts
Final verdict
Defendant released if acquitted or sentenced if
convicted
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The Trial
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Pretrial motions
Opening arguments
Presentation of witnesses & evidence
The case goes to the jury
Evidence
The defense doesn't rest
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CrossCurrents The trial
Evidence that can’t be used

When a defendant is set free because of a legal
technicality, the exclusionary rule might be the
reason.

The exclusionary rule covers three types of
evidence: the identification of suspects,
confessions in which the Miranda rules apply,
and some searches.
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The Trial
Pretrial motions
 Motion for dismissal of charges
 Motion for continuance
 Motion for discovery
 Motion for severance of defendants
 Motion for severance of offenses
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The Trial
Pretrial motions
 Motion for the suppression of evidence
 Motion to determine competency
 Motion for change of venue
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The Trial
Opening arguments
 The prosecution makes the first opening
argument.
 No evidence is presented.
 The defense counters the prosecution's
outline of the case.
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The Trial
Presentation of witnesses & evidence
 The prosecution begins the presentation
of the case by introducing evidence and
witnesses.
 Defense may cross-examine.
 Prosecution may redirect examination.
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The Trial
Presentation of witnesses & evidence
 Defense may request re-crossexamination and/or directed verdict of
acquittal.
 Defense presents evidence & witnesses
 Summation
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The Trial
Case goes to the jury
Serving on a jury allows citizens to
participate in the criminal justice system
as a check-and-balance against
government power.
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The Trial
Case goes to the jury
Steps of jury selection …
 Master jury list
 Venire
 Voir dire
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Case goes to the jury
Voir dire
The defense attorney or prosecutor
can attempt to exclude a juror by …
 Challenge for cause
 Peremptory challenge
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The Trial
Evidence
 The prosecutor must base a case on
evidence.
 The prosecutor must prove beyond a
reasonable doubt that the
defendant is guilty.
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The Trial
Evidence
Classifications of evidence
 Real evidence
 Testimony
 Direct evidence
 Indirect evidence
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The Trial
The defense doesn't rest
 Reasonable doubt
 Defendant testimony
 Alibis
 Affirmative defense
 Challenging scientific evidence
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Rights & wrongs in the courthouse
The rights enjoyed by defendants in
criminal trials are derived from the
Constitution, specifically the Bill of
Rights.
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Rights & wrongs in the courthouse
 I know my rights
 Victims' rights
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Rights & wrongs in the courthouse
I know my rights
 Right to a speedy trial
 Right to confront witnesses
 Right against self-incrimination
 Right against excessive bail
 Right to an impartial jury
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Rights & wrongs in the courthouse
Victims' rights
When a prosecutor charges a suspect
with an offense, it is considered an
offense against the state even
though there is most likely a human
victim as well.
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Sentencing
 Indeterminate sentencing
 Determinate sentencing
 Mandatory minimum sentences
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Sentencing the offender
Indeterminate sentencing
 The parole board has the discretion to
determine when the offender is ready for
release.
 Based on the medical model of
corrections
 Popular during the 1950s and 1960s
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Sentencing the offender
Indeterminate sentencing
Three assumptions …
The offender is sick and prison staff
can diagnose the problem.
The prison can treat the problem.
The staff and parole board can
determine if the inmate has been
successfully treated.
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Sentencing the offender
Determinate sentencing
 Laws restrict the discretion of criminal
justice decision-makers.
 The perceived advantage is uniformity.
 Presumptive sentencing allows
judges some departure from the
guidelines.
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Sentencing the offender
Determinate sentencing
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CrossCurrents Sentencing the offender
Special interest laws

Groups and individuals can affect
lawmaking.

Examples include: drunk-driving laws,
hate-crime laws, and sex-offender laws.
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Sentencing the offender
Mandatory minimum sentences
 Weapons violations
 Repeated drunk driving
 Drug sales and drug kingpin laws
 Three-strikes laws
 Truth in sentencing
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Questions

What are the four types of pleas?

Explain the major pretrial motions.

What are voir dire and venire?
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