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NCJRS Abstract

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NCJ Number: 113238 Find in a Library
Title: Critical Issues in the Courtroom: Exploring a Hypothetical Case
Journal: Judicature  Volume:72  Issue:1  Dated:(June-July 1988)  Pages:12-22
Editor(s): D Richert
Date Published: 1988
Page Count: 11
Format: Article
Language: English
Country: United States of America
Annotation: A panel of judges, prosecutors, defense attorneys, and other justice system personnel discuss discretionary decisions involved in two hypothetical cases.
Abstract: The first hypothetical case involves a minister charged with rape, attempted rape, and assault. Issues discussed are factors in the bail decision, including the issues of dangerousness and the likelihood of appearance at subsequent hearings, and implications of the presumption of innocence. The discussion of plea negotiations focuses on the defendant's mental health, the likelihood of the prosecutor's getting a conviction at jury trial under the charges, and victims' input in plea negotiations. Sentencing factors are also considered. The second hypothetical case involves a 19-year-old male charged with armed robbery, assault and battery with a dangerous weapon, unauthorized use, and possession of drugs with intent to distribute. A codefendant is a 23-year-old male. Issues discussed with respect to this case are pretrial release conditions, plea bargaining, sentencing, and implications of the defendant's having tested positive for acquired immune deficiency syndrome.
Main Term(s): Judicial discretion
Index Term(s): Bail/Financial Release; Plea negotiations; Pretrial release; Sentencing/Sanctions
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