Chapter 8 Flashcards Preview

CRIM 270 - Courts and Procedures > Chapter 8 > Flashcards

Flashcards in Chapter 8 Deck (31)
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1
Q

Charge bargaining (Charge reduction bargaining )

A

Negotiation process between the prosecutors and defense attorneys in which prosecutor downgrades the charges in return for a plea of guilty

2
Q

Coconspirator

A

Another party besides the defendant who is alleged to have committed the same crime in concert with the defendant

3
Q

Concession givers

A

Judges who make plea agreement offers to criminal defendants

4
Q

Determinate sentencing

A

Sentencing to incarceration for a fixed period that must be served in full without parole

5
Q

Differential discretion

A

View that sentencing disparities are more likely to happen during the informal plea bargaining than after trial.

6
Q

Electronic monitoring

A

The use of electronic devices to monitor offender, probationer and parolees.

7
Q

Fact-finders

A

Juries who hear cases, criminal or otherwise.

8
Q

Factual basis for the plea

A

Evidence of one’s guilt beyond reasonable doubt to substantiate a plea bargaining agreement.

9
Q

Federal misdemeanor

A

Any federal crime where the maximum punishment is less than a year in prison or jail.

10
Q

Federal rule of criminal procedure

A

All protocols that must be followed during offender processing from arrest to conviction.

11
Q

Flat time

A

Actual amount of time required to be served while incarcerated.

12
Q

Going rate

A

Local view of the appropriate sentence for an offense.

13
Q

Guilty plea

A

A defendant’s formal affirmation of guilt to the charges against him.

14
Q

Habitual offender statutes

A

Generally provide a life imprisonment for chronic offenders who have been convicted of three or more serious felonies within a specific period.

15
Q

Home confinement

A

House arrest.

16
Q

Implicit plea bargaining

A

Occurs when defendants plea guilty in expectation of a more lenient sentence

17
Q

Indeterminate sentencing

A

sentencing that encourages rehabilitation in which the judge sets the minimum and maximum period of incarceration.

18
Q

Intensive supervised probation

A

probation that requires face-to-face meeting probation officers.

19
Q

Judicial plea bargaining

A

Recommended sentence by judge who offers a sentence in exchange of a guilty plea.

20
Q

Judicial privilege

A

Power of judges to change plea bargaining agreement and substitute their own punishment.

21
Q

Jury waiver system

A

Occurs when defendants waive their constitutional right to a jury trial and enter a plea bargaining.

22
Q

Negotiated guilty pleas

A

Pleas of guilty in exchange of a more lenient sentence.

23
Q

Nolle prosequi

A

An entry made by the prosecutor on the record in a case and announced in court to indicate that the specified charges will not be prosecuted

24
Q

Presentence investigative reports (PSIs)

A

Reports filed by probation containing information relative to the defendant.

25
Q

Selective chivalry

A

View that judges tend to favor white females in their sentencing compared to other females of different ethnicities or males.

26
Q

Self-incrimination

A

Act of exposing oneself to prosecution by answering questions that may demonstrate involvement in illegal behavior.

27
Q

Sentence recommendation bargaining

A

Negotiation in which the prosecutor proposes a sentence in exchange for a guilty plea.

28
Q

Three-strikes-and-you’re-out policies

A

proposition to incarcerate those who are convicted of three or more serious offenses, usually for life.

29
Q

Trial delays

A

Any one of legitimate reasons that might delay a trial: crowded court dockets, health of courtroom actors…etc

30
Q

Typicality hypothesis

A

View that judge give women greater consideration than men during sentencing, but only when their charges are consistent with stereotypes of females offenders.

31
Q

U.S. sentencing guidelines

A

Rules implemented in November 1987 obligating federal judges to impose presumtive sentences on all convicted offenders.