cl part 2

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cl part 2
2013-10-30 16:19:19

part 2
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  1. Preliminary Hearing
    • Verify probable cause
    • In grand jury states the grand jury decides if they go to the next step (impartial speed bump)
    • Not constitutionally required (some states don’t have it)
    • in CT only needed if there was a chance of a death penalty
    • Decide formal charge
  2. Formal charges
    • information
    • indictment
  3. Information
    In preliminary hearing - Prosecutor decide the formal charge- in most states
  4. Indictment
    In preliminary hearing - When the grand jury decides the formal charge
  5. Arraignment
    • Start of formal process
    • Enter a plea (most likely not guilty)
    • Start with plea bargaining process
    • 97% cases not go to trial bc of plea bargaining
  6. Necessary for a good plea bargain
    • 1. The facts of the case are carefully looked at by both sides
    • 2. The defendant is aware of all these facts- only one who can accept it
    • 3. The sentence (agreement) has to be typical for the crime
    • 4. The victim and the public have an opportunity to understand why this agreement is appropriate
    • a. Perceived leniencies- max 90, got 10yrs  max rarely used; public say didn’t get enough
  7. Why defendant want to plead guilty?
    • 1. Know they will be found guilty so get best deal you can
    • 2. In order to get out of prison
    • o Cant make bail so you stay in jail for 60 days before trial. Prosecutor say plea bargain its 60 days in jail. And you have already been in jail for 60 days so therefore you can get out today. Or can go to trial and stay in prison until trial and can still get 1-2 yrs in prison after that
    • 3. Don’t want the government to find out anything worse about you
    • o Plead guilty for 2nd dui when really 7th time dui bc only see 5yrs back originally
    • o Bad for illegal immigrants- don’t want to be found
  8. Alford Doctrine (Plea)
    • Allow people to plead guilty w/o actually saying guilty
    • Alford vs NC
    • • Didn’t want to say guilty but want to accept plea bargain bc you know there is a strong likelihood that you will be found guilty during trial w/ worser charger
  9. Things that lead up to a trial
    • Investigation by both parties
    • Process or discovery - Sharing evidence between two sides
    • Testing of evidence
    • Both sides getting testaments
    • Proving legal guilt