Exam 23: Courtroom Practices and Pretrial Procedures
A disadvantage of plea bargaining is that it undermines the integrity of our justice system.
True
At which stage of criminal case processing is a defendant brought before a judge, informed of the charges against them, and possibly granted pretrial release?
A
Should we permit plea bargaining in our justice systems? What are the pros and cons of using it?
Plea bargaining is a controversial practice in the justice system, and whether or not it should be permitted is a topic of much debate.
The pros of using plea bargaining include:
1. Efficiency: Plea bargaining can help expedite the legal process by reducing the number of cases that go to trial, which can be time-consuming and costly.
2. Reduced caseload: By resolving cases through plea bargaining, it can help alleviate the burden on the court system and allow for more focus on serious or complex cases.
3. Certainty of outcome: Defendants may choose to plea bargain in order to secure a more predictable outcome, rather than risking a trial and potentially facing harsher penalties.
However, there are also cons to consider:
1. Coercion: Some critics argue that plea bargaining can lead to defendants feeling pressured to accept a plea deal, even if they are not guilty, due to the potential consequences of going to trial.
2. Injustice: There is concern that plea bargaining can lead to unfair outcomes, as defendants may agree to a plea deal out of fear or lack of resources to mount a defense.
3. Lack of transparency: The plea bargaining process is often conducted behind closed doors, leading to questions about accountability and fairness.
Ultimately, the decision to permit plea bargaining in the justice system is a complex one that requires careful consideration of the potential benefits and drawbacks. It is important to weigh the efficiency and practicality of plea bargaining against the potential for injustice and coercion in order to make an informed decision.
Pretrial motions may be requested at any time following a not guilty plea and prior to the start of trial.
Sometimes grand juries may be assembled prior to an arrest. For instance, a prosecutor who has evidence against a high-profile individual may assemble a grand jury to determine if the jurors believe there is enough evidence to support the arrest.
Martha was arrested and taken into custody. At her initial appearance, the judge released her from custody on her promise to return for all of her future court hearings. What type of pretrial release did Martha receive?
The 1884 U.S. Supreme Court case Hurtado v. California declared that
For petty offenses or infractions, magistrates may conduct a _______ trial and sentence guilty offenders at the initial appearance.
Laws governing discovery are constantly changing, although the trend is toward restricting the right to discovery for both the defense and prosecution.
Identify and describe the various means by which defendants may receive pretrial release.
Which of the following involves defendants using a bonding agency to post the bail?
What type of warrant is issued by a judge requesting the arrest of an individual who violated a court order?
As provided by the _______ Amendment, defendants have the right to be informed of the charges against them, which is done at the initial appearance.
Defendants who are taken into custody have a right to appear before a judge within 48 hours of their arrest.
Most cases are dismissed at the preliminary hearing, simply because establishing probable cause is particularly difficult.
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