Counseling Chapter 8 Homework Use Actual Fictitious Criminal Case And Allow

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CHAPTER 8

PRETRIAL PROCEDURES, PLEA BARGAINING, AND THE

CRIMINAL TRIAL

Learning Objectives

2. Explain how the bail system operates.

4. Explain how and why plea bargaining occurs.

6. Describe the stages of a criminal trial.

7. Explain the basis for an appeal of a conviction.

Lesson Plan

Correlated to PowerPoints

I. From arrest to trial or plea

Learning Objective 1: Identify the elements in the pretrial process in criminal cases.

At each stage of the pretrial process, key decisions are made than move some

defendants to the next stage of the process and filter others out of the system.

A. Stages of the pretrial process:

Arraignment

Motions

II. Bail: pretrial release

Learning Objective 2: Explain how the bail system operates.

Media Tool

PPT 4-7

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Bail

A. Realities of the bail system

Critics argue that the bail system discriminates against poor people

A very small percentage of defendants is denied bail

B. Bail agents

Besides the United States, only one other country uses a commercial bail bond system

C. Setting bail

D. Reforming the bail system

Citation

Release on recognizance

What If Scenario

What if your good friend called you in desperation and needed bailed out of jail?

From your perspective, how does the bail system work?

III. Pretrial detention

Learning Objective 3: Describe the experience of pretrial detention.

People who are not released before trial must remain in jail

In many case jail conditions are much harsher than prisons

IV. Plea bargaining

Learning Objective 4: Explain how and why plea bargaining occurs.

Very few cases actually go to trial; most dispositions are negotiated

Santobello v. New York (1971) When a guilty plea rests on a promise of a prosecutor,

the promise must be fulfilled.

A. Exchange relationships in plea bargaining

Prosecutor, defense attorney, defendant, and the sometimes the judge will participate

in negotiations

Many occur in multiple meetings before agreement is reached

See Assignments 3-4

PPT 8-

10

PPT 11-

12

PPT 14-

19

Learning Objective 3

PPT 19,

21

PPT 22,

23

PPT 24

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B. Tactics of prosecutor and defense

Prosecutor may bring a multiple offense indictment

Defense attorneys may threaten to ask for a jury trial or file formal pretrial motions

C. Pleas without bargaining

Some cases are politically volatile or inherently strong and the prosecutor refuses to

negotiate

D. Legal issues in plea bargaining

Boykin v. Alabama (1969) defendant must state before the judge that the plea is

voluntary

E. Criticisms of plea bargaining

Defendants give up some of their rights

It is hidden from public scrutiny

Class Discussion/Activity

Have the class discuss or debate the merits and shortcomings of the plea

supports or rejects plea bargaining.

What If Scenario

What if plea bargaining was not an option? What would be the consequences of not

having plea bargaining in the criminal justice system?

V. Trial: The exceptional case

Learning Objective 5: Give the reasons why cases go to trial, and describe the benefits of

Learning Objective 6: Describe the stages of a criminal trial.

Fewer than nine percent of felony cases go to trial

See Assignments 1

PPT 26

PPT 27

Juries perform six vital functions in the criminal justice system:

2. Determine whether the accused is guilty on the basis of the evidence presented

4. Serve as a buffer between the accused and the accuser

6. Symbolize the rule of law and the community foundation that supports the

criminal justice system

Some states now allow as few as six citizens to make up a jury

Class Discussion/Activity

Some states allow fewer than twelve citizens to form a jury for certain

types of cases. Have the class discuss the pros and cons of smaller juries.

After the discussion, poll the class to determine if a majority would

support a smaller jury.

Class Discussion/Activity

Should attorneys be allowed to use their discretion in selecting jurors?

What If Scenario

What if you were called for jury duty? What expectations would you have?

B. The trial process

A. The trial process generally follows eight steps:

1. Selection of the jury

Voir dire is the questioning of prospective jurors to screen out those who

See Assignments 2

–

5

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2. Opening statements by prosecution and defense

3.

Types of evidence

Real evidence

4.

5. Presentation of rebuttal witnesses

6. Closing arguments by each side

7. Instruction of the jury by the judge

prosecution was successful in this particular case.

What If Scenario

What if you went to trial and the composition of the jury possessed the exact

opposite demographic characteristics that you possessed? Would you feel

comfortable? Would you think you could get a fair trial? Would you want another

jury?

C. Evaluating the Jury System

role of social status

differences between trials decided by juries and judges

reforms

Media Tool

PPT 38-

39

PPT 41-

43

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Class Discussion/Activity

Hold a moot court session in class. Allow twelve students to serve as

jurors while several other students serve as prosecutor, defense attorney,

Class Discussion/Activity

Review the differences between direct evidence and circumstantial

evidence. Give examples of both types of evidence. Is one more reliable

than another? If you were a defendant during a trial, which type of

VI. Appeals

Learning Objective 7: Explain the basis for an appeal of a conviction. A request to a

higher court that it review actions taken in a trial court

Less than two percent of appealed cases result in acquittals

Eighty percent of cases were affirmed by higher courts

A. Habeas corpus

Request for a judge examine whether an individual is being properly held.

Less than one percent of habeas corpus requests are successful

B. Evaluating the appellate process

critics and reality

continue on with his life productively?

Lecture Notes

See Assignments 2-5

Media Tool

PPT 44

PPT 45

It is important for the student to understand the procedures and steps in the adjudication

process in ord

students to understand the realities of the adjudication process and some of the political and

social debates that arise. For example, plea bargaining is very controversial among the general

Key Terms

appeal – A request to a higher court that it review actions taken in a trial court. (p. 281)

arraignment – The court appearance of an accused person in which the charges are read and the

accused, advised by a lawyer, pleads guilty or not guilty. (p. 255)

challenge for cause – Removal of a prospective juror by showing that he or she has some bias or

some other legal disability. The number of such challenges available to attorneys is unlimited. (p.

273)

circumstantial evidence – Evidence provided by a witness from which a jury must infer a fact.

(p. 274)

citation – A written order or summons, issued by a law enforcement officer, directing an alleged

offender to appear in court at a specific time to answer a criminal charge. (p. 261)

motion – An application to a court requesting that an order be issued to bring about a specific

action. (p. 256)

percentage bail Defendants may deposit a percentage (usually 10 percent) of the full bail with

the court. The full amount of the bail is required if the defendant fails to appear. The percentage

of bail is returned after disposition of the case, although the court often retains 1 percent for

or he will appear. (p. 261)

testimony – Oral evidence provided by a legally competent witness. (p. 274)

voir dire – A questioning of prospective jurors to screen out people the attorneys think might be

biased or otherwise incapable of delivering a fair verdict. (p. 273)

Bordenkircher v. Hayes (1978) –

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consequences. (p. 268)

Santobello v. New York (1971) – When a guilty plea rests on a promise of a prosecutor, the

promise must be fulfilled.(p. 265)

United States v. Salerno and Cafero (1987) Preventive detention provisions of the Bail

Reform Act of 1984 are upheld as a legitimate use of government power designed to prevent

Assignments

1. Using Bureau of Justice Statistics data or another reputable source, determine the

percentage of cases that have been disposed by plea bargaining and/or guilty plea over the

past five years. Compare this data. What is the current percentage? Has the percentage

changed during this time period? [LO 4]

2. Research the topic of jury reform. Some advocates of reform propose a professional jury

pool that has training in matters of criminal procedure. Is this a viable alternative to the

current jury system? What other reforms are advocated? [LO5]

3. Should the system of commercial bail bonding be abolished? Research the topic. What

are some alternatives that other countries use? [LO 2]

4. Have a group of students interview a bail bondsperson and present the research to the class. This

should stimulate discussion and analysis about the realities of the bail process. [LO 2]