Deck 9: Trial Courts: How Criminal Cases End: Bargaining and Sentencing

Question 1

The standards on the death penalty are:

A) staying constant
B) continuing to evolve
C) determined exclusively by the Supreme Court
D) only changed as a result of public opinion

Answer 1

B

Question 2

Why do cases go to trial?

Answer 2

Cases go to trial for several reasons, primarily when legal disputes cannot be resolved through pre-trial negotiations or alternative dispute resolution methods such as mediation or arbitration. Here are some of the key reasons why cases may end up going to trial:

1. **Disputed Facts**: When the parties involved in a case disagree on the facts, a trial becomes necessary for a fact-finder (judge or jury) to determine what actually happened. Each side presents evidence and witness testimony to support their version of events.

2. **Disputed Law**: Sometimes, the facts may be agreed upon, but the parties disagree on how the law applies to those facts. A trial provides a formal setting for legal arguments to be made and for a judge to interpret and apply the law to the case at hand.

3. **No Settlement Reached**: Often, parties try to avoid the expense and uncertainty of a trial by negotiating a settlement. However, if they cannot agree on the terms of a settlement, the case will go to trial for a resolution.

4. **Justice and Public Interest**: Some cases go to trial because the parties seek a public verdict, either for reasons of justice (such as in criminal cases where society's interest is at stake) or to set a legal precedent. Public trials can also bring attention to important social issues.

5. **Strategic Reasons**: In some instances, one or both parties may believe they have a strong case and that going to trial will result in a more favorable outcome than a settlement. They may also believe that the process of going to trial will bring forth more evidence or weaken the other side's position.

6. **Jury Sympathy**: Some cases, particularly those involving personal stories or emotional elements, may be taken to trial in the hope that a jury will be more sympathetic and award a more favorable verdict than a judge during pre-trial negotiations.

7. **Enforceable Judgments**: A trial verdict can lead to an enforceable judgment. If one party is seeking a definitive court order that can be enforced by law, such as an injunction or specific performance, a trial may be necessary.

8. **Complexity**: Some cases are too complex to be settled out of court. They may involve multiple parties, complex legal issues, or significant amounts of money, making it difficult to reach a settlement that satisfies everyone involved.

9. **Principle or Precedent**: Sometimes, parties are motivated by principle or the desire to set a legal precedent. They may feel that going to trial is important to stand up for their rights or to influence the development of the law.

10. **Mandatory Trials**: Certain types of cases, like most criminal cases, are not eligible for settlement and must go to trial. The right to a trial is often guaranteed by law to ensure that justice is served.

In summary, cases go to trial when parties cannot resolve their differences outside of court, when they seek a formal legal judgment, or when they wish to have their dispute resolved in a public forum. Trials are an essential component of the legal system, providing a structured environment for the adjudication of disputes and the enforcement of legal rights.

Question 3

The courtroom work group concept focuses on:

A) cooperation between judge, prosecutor and defense attorney
B) conflicts between judge, prosecutor and defense attorney
C) law on the books
D) the conduct of the trial
E) how the criminal law is written

Answer 3

E

Question 4

What is the courtroom work group and why do political scientists think it is important?

Question 5

Members of the courtroom work group try to avoid trials.

Question 6

The number of adults in prison is now over one million.

Question 7

The type of case most likely to go to trial is:

A) burglary
B) theft
C) forgery
D) robbery

Question 8

Compared to a guilty plea, a conviction by a jury frequently results in a sentence which is:

A) longer
B) shorter
C) about the same
D) impossible to predict

Question 9

Explain the process of plea bargaining.

Question 10

What impact is the revolution in DNA testing having on the use of the death penalty?

Question 11

The courtroom work group depends on regularity of behavior.

Question 12

How do films like The Shawshank Redemption contribute to the debate about the ever growing size of the adult jail population in the United States?

Question 13

Some critics favor the abolition of plea bargaining, while others argue that it serves an important purpose and should simply be reformed. Choose a position and provide a supporting argument.

Question 14

Why might judicial sentencing guidelines be viewed as an infringement of the legislative branch on the powers of the judiciary?

Question 15

The majority of persons under some form of correctional supervisions are:

A) in jail
B) in prison
C) on probation
D) on parole

Question 16

Sentencing guidelines increase the judge's discretion.