Criminal Justice Essay

4145 words - 17 pages

Criminal Justice Intro Exam 3 Study Guide

Capital Punishment- The Ultimate Sentence:
* Capital punishment- the use of the death penalty to punish wrongdoers for certain crimes
* Only 23 countries still employ the death penalty and the US is the only western democracy that continues the practice
Methods of Execution:
* In the early years they adopted drawing, quartering, and boiling the convict alive but by the 19th century these were replaced by hanging. In the 1890’s the electric chair was introduced and was the primary way of execution until 1977 when lethal injection was adopted. The firing squad is also occasionally used
The Death Penalty and the Supreme Court:
* ...view middle of the document...

S., 18 or older, free of felony convictions, healthy enough to function in a jury setting, sufficiently intelligent to understand the issues of a trial, and able to read, write and comprehend the English language- all citizens eligible to be jurors are put onto the master jury list
* Venire is the group of citizens from which the jury is selected
Voir Dire:
* Jurors must provide the court with personal information so a good jury selection can be made
* Both prosecution and the defense can exercise challenges for cause or peremptory challenges
Race and Gender Issues in Jury Selection
* Batson v. Kentucky (refer to key terms)
* Swain v. Alabama (1965)- blacks have the same right to appear on a jury as whites
* J.E.B v. Alabama ex rel. T.B. (1994)- extended the Batson ruling to cover gender bias in jury selection
Pleading Guilty:
* After the preliminary hearing or indictment the prosecutor submits a notion for the defendant to appear for an arraignment
Plea Bargaining in the Criminal Justice System:
* Plea bargaining most often takes place in the arraignment and before the beginning of trial
Motivations for Plea Bargaining:
* Plea bargaining removes the risk of possibly not obtaining a conviction which is what a prosecutor wants
* For defense attorneys most of their clients are guilty so favorable plea bargains are often the best a da can do for their client.
* The plea bargain allows the defendant a measure of control over his/her fate
Plea Bargaining and the Adversary System:
* Prosecutors use horizontal overcharging or vertical overcharging in order to induce plea bargains
* Judges used to accept the defense counsel’s word that the defendant wanted to plead guilty but in 2007 they began to make the accused sign the Boykin form
Pleading Not Guilty:
* Generally a not guilty plea in the face of strong evidence is part of a strategy to: gain a more favorable plea bargain, challenge a crucial part of the evidence on constitutional grounds. Or submit one of the affirmative defenses
Pretrial Detention:
1. Booking
2. Initial Appearance
3. Grand Jury or Indictment
4. Indictment or Information
5. Arraignment
6. Plea Bargain
7. Guilty Plea or Trial
* Uncertainty, Risk and Overcrowded jails all play a role in determining bail
* Alternative to bail is release on recognizance
* Posting bail with either money or property bonds
* Bail bond agents help post a defendants bail
* 30 states have passed preventative detention laws
Sentencing Reform:
* Sentencing guidelines- legislatively determined guidelines that judges are required to follow when sentencing those convicted of specific crimes
* State and federal sentencing guidelines both allow limited judicial discretion known as departure
* Mandatory sentencing guidelines- Statutorily determined punishments that must be applied to those who are convicted of specific crimes

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