Who was Jerry Sandusky and what was he convicted of?
Convicted of child molestation; sentenced to 30–60 years
His case involved significant legal changes during appeal, including resentencing in 2019.
What are the stages of the Criminal Court Process?
- Plea Bargaining
- Trial
- Sentencing
- Passing of Sentence
Judges consider evidence, harm, and the defendant’s record/character during sentencing.
What are the pre-trial release decisions available for a defendant?
- Custody
- Bail
- Release
Judges balance the presumption of innocence against safety concerns.
What is a Cash Bond?
Pay full bail, refundable if appearances made
This is one of the options for pre-trial release.
What is a Plea Bargain?
Agreement between defense, prosecutor, and sometimes judge
Resolves over 96% of cases by allowing the defendant to plead guilty or no contest for a reduced charge/sentence.
What are the issues in plea bargaining?
- Prevents backlog
- Saves time/money
- Adds pressure on defendants
Raises fairness concerns and ethical issues.
What are the types of plea bargains?
- Charge Bargaining
- Sentence Bargaining
- Vertical Plea
- Horizontal Plea
- Reduced Sentence
- Avoidance of Stigma
These types vary in their focus on charges and sentencing.
What is the difference between a Guilty Plea and a No Contest Plea?
- Guilty Plea: admission of guilt; usable in civil suits
- No Contest: no admission; not usable in civil suits
Both waive trial rights.
What happens during the Pre-Trial Phase?
- Filing of Charges
- Initial Appearance
- Arraignment
- Grand Jury
Key documents include Complaint, Indictment, Information.
What are some common pre-trial motions?
- Dismissal
- Continuance
- Discovery
- Severance
- Suppression
- Change of venue
- Competency hearings
These motions can significantly affect the trial process.
What are the steps in a trial?
- Opening Statements
- Prosecution Case
- Defense Case
- Closing Arguments
The defense can move for a Directed Verdict.
What is the typical jury size?
12
Jury selection involves master list, venire, and voir dire.
What are Challenges for Cause in jury selection?
Unlimited, for bias
These challenges allow for the removal of jurors who may be biased.
What is a Peremptory Challenge?
Limited, no reason (must be nondiscriminatory)
This allows attorneys to dismiss jurors without stating a reason.
What must a jury’s verdict be?
Unanimous
This was affirmed in Ramos v. Louisiana (2020).
What is an appeal?
Written request for higher court review
Filed within 60 days of felony judgment; cannot appeal Not Guilty verdicts.
Who decides the sentence in a criminal case?
Judge, except for death penalty cases
Sentencing types include Indeterminate, Determinate, and Mandatory Minimum.
What is Indeterminate Sentencing?
Open term; parole board decides
Example: 15 to life.
What is Mandatory Minimum sentencing?
Law sets lowest term
Common in cases involving firearms, DUIs, drugs, and Three Strikes.
Define Plea Bargain.
Negotiated guilty plea
It is a common resolution method in criminal cases.
What does Nolle Prosequi mean?
DA drops case
This can occur for various reasons, including lack of evidence.
What is a Directed Verdict?
Dismissal for lack of proof
This can occur during the trial process.
What does Voir Dire refer to?
Jury questioning
This process helps ensure an impartial jury.
