What Is the Difference Between a Bench Trial and A Jury Trial Questions “1. Name five players in the courtroom and describe their job responsibilities. 2.

What Is the Difference Between a Bench Trial and A Jury Trial Questions “1. Name five players in the courtroom and describe their job responsibilities.

2. What is plea bargaining? Describe three different types of plea bargaining.

3. What is the difference between a bench trial and a jury trial? Give a reason why a defendant would choose either option.

4. What is voir dire? Why is that not conducted in a bench trial?

5. What is the difference between a challenge for cause and a peremptory challenge?

6. What is the difference between direct examination and cross-examination?

7. What happens when a jury cannot reach a decision? Describe the process that occurs next. When is the case finished?

8. What is jury nullification?

A 9:59 AM Mon Oct 7
SECTION 2
Plea Bargaining
The criminal justice system is not equipped for
every case to go to trial, especially within statutory
time requirements. For the system to run efficiently,
plea bargains are negotiated between the prosecutor
and defense whereby the defendant agrees to plead
guilty in exchange for some form of leniency. Either
side may begin negotiations over a proposed plea
bargain. Once an agreement is reached, the judge
must approve its terms and make certain that
defendants are informed of their rights and understand
the consequences of pleading guilty.
conviction. While the Sixth Amendment guarantees all
those accused of a crime the right to a jury trial,
defendants may find it more advantageous to take a
plea deal.95 Convicted offenders are more likely to
receive harsher sentences compared to those who opt
for a plea deal in lieu of trial. That is due to the state
being burdened with the responsibility of having to
dedicate the time and resources to prove the
defendant guilty. This type of plea bargaining whereby
the prosecutor agrees to a less severe sentence in
exchange for a guilty plea is called sentence
bargaining.
Advantages of plea bargaining
There are many advantages of defendants
pleading guilty, especially if they are aware of their guilt
and the evidence overwhelmingly supports a guilty
Plea bargaining can also result in reduced or
dismissed charges. This type of plea bargaining is
called charged bargaining. Some charges, like
spousal abuse, can be filed as a misdemeanor or a
felony. A prosecutor has the discretion to reduce the
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Judicial plea bargaining
felony spousal abuse count to a misdemeanor spousal
abuse count when the defendant pleads guilty to the
crime. Similarly, a prosecutor can dismiss four of the
five counts of robbery if the defendant agrees to plead
guilty to one count of robbery.
Another form of plea bargaining is called judicial
plea bargaining, and occurs when judges make
sentencing offers to defendants in open court in
exchange for their guilty pleas. This is most common
with misdemeanor and count ordinance violations.
Some examples include prostitution, disturbing the
peace, disorderly conduct, trespass, and driving with
a suspended license.
Fact vs. Fiction
Please tap the photo.
There are also advantages for the prosecutor to
engage in negotiated plea deals with the defendant.
While prosecutors are under no constitutional
obligation to engage in plea negotiations with defense
attorneys on behalf of their clients, they often choose
to do so.” For statistical purposes, a conviction is the
same whether it is accomplished through the rendering
of a jury verdict, court verdict, or a plea bargain. As
criminal courts become more backlogged, prosecutors
feel pressure to move the cases through the system
more quickly. Criminal trials can take days, weeks, and
even months to conclude, while plea bargains can
often be arranged within minutes or hours. 58 Trials
involve a great deal of preparation that includes a
considerable amount of expense and resources. There
is no guarantee a jury will convict a defendant,
regardless of overwhelmingly incriminating evidence.
Plea bargains avoid the unpredictability of juries by
procuring convictions subjected to the judge’s
approval.
Handshake. Photo credit.
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Regardless of whether there is evidence to
support a conviction, offenders are usually more
interested in being released from custody than they are
in fighting the merits of their case. In federal court, and
in other jurisdictions, a defendant may not even know
his precise sentence before pleading guilty. A
defendant will get a sentence recommendation from a
prosecutor, sometimes using a range of years for the
sentence (ten to 15 years), and then pleads open to the
judge. As this is a recommended sentence, the judge
is not bound by the prosecutor’s recommendation, and
can set his own amount of time. The defendant runs
the risk of receiving more punishment than expected if
opting for an open plea to the judge in this manner.
hearing with participation by the prosecutor and
defense. In 1992, Bronx County prosecutors in New
York banned plea bargaining in all cases after a
defendant was indicted. The defendant’s only choice is
to plead guilty to the highest count of the indictment or
face a trial. However, during the pre-indictment stage
of the proceedings, defendants are encouraged to
enter into a plea bargain.
Not everyone benefits from plea bargaining. The
defendant who is truly innocent, typically indigent, and
represented by a public defender or court appointed
attorney, often feels the pressure to plead guilty rather
than face a potential harsh sentence. This is especially
apparent in situations that see defense attorneys being
consumed by other cases, and personally benefits
them by decreasing their caseload with a plea bargain.
Limitations on plea bargaining
Some jurisdictions have imposed limitations on
plea bargaining. In 1975, Alaska became the first state
to ban plea bargaining. Plea bargains were criticized as
being too coercive in that defendants must incriminate
themselves by admitting to crimes they may or may
not have committed. Prosecutors are still permitted
to reduce charges, but any reduction in their sentences
will have to be determined by judges in an open
In most other jurisdictions, plea bargains can
occur at any stage of the proceedings. The deal can
occur after a defendant is arrested and before the
prosecution files criminal charges. It can occur at the
arraignment when the defendant formally states his
plea. Or it can occur at any pre-trial proceeding before
the commencement of a trial. It is even possible,
although less common-to have a plea deal in the
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middle of a jury trial, assuming the prosecutor
entertains that request. If a trial results in a hung jury,
the prosecutor and defense can choose to negotiate a
plea deal rather than go through the time and expense
of another trial.62 It is even conceivable to have a plea
bargain after the defendant is convicted while the case
is up on appeal.
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In a plea bargain, defendants have the choice to
plead guilty or no contest. No contest is translated
from the Latin phrase nolo contendere. Defendants
who plead no contest are not admitting guilt, but are
willing to accept the punishment because they feel like
it is in their best interest to do so. In criminal
proceedings, a no contest plea has the same legal
effect as pleading guilty. However, the no contest plea
cannot be used against the defendant to prove liability
in a civil proceeding. As previously discussed in this
chapter, pleading guilty or no contest in a plea bargain
results in a conviction, and is no different than the
rendering of a guilty verdict in trial.
Binding contract. Photo credit.
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Famous Cases
SECTION 1
Casey Anthony: First-degree murder, manslaughter, and
child abuse trial (2011)
Players in the Courtroom
There are many players working together inside of a
courtroom. In a civil case, the person who files the
lawsuit is called the plaintiff. The plaintiff can represent
himself or he can hire an attorney to represent him. The
person being sued is called the defendant. Defendants
can also represent themselves; however, they usually
hire attorneys as well. In a criminal case, the person who
was harmed is called the victim. While the prosecuting
attorney represents the victim, he also represents all the
members of the community. The prosecutor is
responsible for advocating what is in the best interest of
the victim and of society.
Prosecutor
In the state court system, the prosecutor in each
county is an elected official known by various names.
Depending on the state, prosecutors are referred to as
the district attorney, state attorney, county attorney,
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