CJ 100 Lecture Notes - Lecture 6: Jury Nullification, Voir Dire, Adversarial System

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Plea bargaining (can occur throughout the trial process) Generally must be held within 48 hours following arrest. Defendant advised of rights and enters a plea. A form of security that is put up or exchanged to secure the release of an arrested person the trial begins. Prohibits both cruel and unusual punishment and excessive bail. Release granted in all noncapital cases in which sufficient court reason exists to believe the defendant would return to court. Vast majority of cases resolved through negotiated plea. A court will not accept a guilty plea unless: The defendant has been properly advised by counsel. The court has determined that the plea is voluntary and has a factual basis. Common goal: to constructively bypass criminal prosecution by providing a reasonable alternative the form of treatment, counseling, or employment programs. An open and public hearing designed to examine the facts of the case brought by the state against the accused.

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