CJ 110 Lecture Notes - Lecture 5: Nolo Contendere, Excessive Bail Clause, Exculpatory Evidence
13 May 2018
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Chapter 10
➢ Diversion= removal of defendant from normal path of CJ process to alternate path (must
sign voluntary guilty plea)
o Benefits
▪ Offender= avoids stigma of being labeled a criminal, avoids harshness of
jail, may prevent from re-offending
▪ System= costs , relieves prison over-crowding
➢ Pretrial release= accused makes appearance before magistrate – decision regarding bail
made – 8th A prohibits excessive bail
o Bail bondmen= no money, bail bonds from private bail agent
o Bail Reform Act of 1966 = released defendants on promise to return to court –
established Release on Recognizance (ROR)
o Federal Bail Reform Act of 1984 = established “preventive detention” (pretrial
incarceration of an accused deemed dangerous)
➢ Formal Arraignment = 1st stage of the trial process
o 4 possible pleas = guilty, not guilty, nolo contendere (no contest), not guilty by
reason of insanity
o Plea bargaining= agreement for certain leniencies in return for guilty plea
▪ Types = charge reduction, removal of charges, and sentence negotiation
o Discovery= evidence sharing; prosecution has to hand over all evidence to
defense, including exculpatory evidence (pointing to defendant’s innocence) and
mitigating evidence (showing not a bad person). Defense only hands over expert
reports, alibi witnesses, notice of insanity defense
➢ Voir dire= process of selecting jury (process of exclusion)
o Peremptory challenges= no reason for dismissal – limited #
o Challenges for cause= removal of juror because of his/her inability to render
impartial decision – unlimited #
o Batson v. Kentucky= cannot use peremptory challenges to exclude based on race,
gender, etc. (Batson Challenge)
➢ Opening statements = previews what each side proposes to prove (no evidence)
➢ Prosecution’s case
o Introduction of evidence
▪ Physical evidence
▪ Testimonies
o ‘Direct examination’ of own witnesses, no leading questions
o ‘Cross examination’ of prosecution’s witnesses by defense, leading questions
allowed
o ‘Redirect examination’ – prosecution can examine again
o Prosecutions rests case
➢ The defense’s case
o Can motion for “Directed verdict of acquittal” (dismiss prosecution’s evidence)
o Introduction of evidence – alibi witnesses, expert witnesses
o Defense rests case
o Rebuttal (prosecution)
➢ Closing arguments= summary of case to jury
o Prosecution= stresses demonstrated guilt beyond reasonable doubt
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Defense only hands over expert reports, alibi witnesses, notice of insanity defense. Opening statements = previews what each side proposes to prove (no evidence) Prosecution"s case: introduction of evidence, physical evidence, testimonies, direct examination" of own witnesses, no leading questions, cross examination" of prosecution"s witnesses by defense, leading questions allowed, redirect examination" prosecution can examine again, prosecutions rests case. The defense"s case: can motion for directed verdict of acquittal (dismiss prosecution"s evidence, introduction of evidence alibi witnesses, expert witnesses, defense rests case, rebuttal (prosecution) Closing arguments= summary of case to jury: prosecution= stresses demonstrated guilt beyond reasonable doubt, defense= points out weaknesses that call guilt into question. Jury instructions= crash course in cj: judge defines crime that defendant is being accused of, reminds jury that defendant is considered not guilty unless proves beyond reasonable doubt (not all doubt) Jury deliberations: juries may be sequestered if threat of media influence.
