plea bargaining is usually done between quizlet?
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A negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty to a lesser offense or to one of multiple charges in exchange for some concession by the prosecutor, usually a more lenient sentence or a dismissal of other charges.
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In a negotiation, two or more parties enter a discussion with the purpose of reaching a mutual agreement - something satisfactory for all parties. ... Negotiations go through stages with the end result being either an agreement or a deadlock.
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There are three stages to a criminal case: the Analysis; the Negotiation; and, if necessary, the Trial.
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The criminal justice system would likely collapse if every case went in front of a judge and/or jury. But critics argue that the push to resolve cases through plea bargains jeopardizes the constitutional rights of defendants, who may be pressured to admit guilt whether they are guilty or not.
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Also known as no contest. ... Instead of pleading guilty or not guilty, a criminal defendant can plead nolo contendere, which means the defendant neither disputes nor admits to the criminal charges. A plea of nolo contendere cannot be used as evidence of the defendant's guilt in a civil trial related to the criminal trial.
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This formal writing breaks down into two categories: pleadings and motions. A pleading demands that the other party do something, while a motion requests that the judge in the case do something. ... Pleadings set forth parties' positions in the action, such as allegations, claims, defenses and denials.
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Typically this process takes about 2-3 weeks to complete. This timeline is dependent on how much negotiation needs to take place in order to resolve all outstanding issues. However, negotiating the details of your separation outside of court is a faster, simpler, and more cost-effective means of dealing with issues.
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'Plead the Fifth' comes from the Fifth Amendment to the Constitution. As you can probably gather from context clues, when someone "pleads the Fifth," the person is excusing him or herself from answering a question, typically when it could incriminate themselves.
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But a guilty plea followed by any other sentence was a conviction. ... If you plead guilty as the result of a plea bargain—-and the Judge accepted your plea—- your status is the same as if you had been found guilty by a Judge or Jury at trial: you are a convicted felon or misdemeanant, depending on the crime you plead to.
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['Arrest. A criminal case begins when you are arrested for a crime. ... ', "Bail or Bond. The first thing you want to know after being placed in jail is how much it's going to cost to get out. ... ", 'Arraignment. ... ', 'Plea Bargaining. ... ', 'Preliminary Hearing. ... ', 'Pre-Trial Motions. ... ', 'Criminal Trial. ... ', 'Sentencing.']
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Most cases are settled out of court, which means that instead of spending time and resources bringing a personal injury suit to trial, the involved parties (usually the lawyers for the plaintiff and defendant) reach an agreement for how much money the plaintiff should receive as compensation.
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['They must reach a unanimous/majority verdict.', 'They have split function.', 'Discussions are conducted in secret.']
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Bargaining is negotiation of price alone. But negotiation may apply to much more than price, and may not include price at all. However, all negotiation involves an exchange of value, and agreements and promises of performance. Bargaining is often done verbally.
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Preparing For Trial. While a trial is what most people think of when they hear the terms lawsuit or litigation, most of the work is done during the pretrial phase, which includes preparing and filing pleadings and motions and exchanging discovery. Pleadings are documents that outline the parties' claims and defenses.
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['Definitions and terms used in criminal cases.', 'Arraignment: A formal court appearance where the accused person enters. ... ', 'Committed: If you are committed for trial in the Supreme Court, ... ', 'Sentence: The penalty a judge imposes when someone is found. ... ', 'Discharge: Where there is not enough evidence at a preliminary.']
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Mandatory subjects may be bargained to impasse. It is also legal to strike (or to lock-out) to obtain a mandatory subject of bargaining. Permissive, voluntary or non-mandatory subjects of bargaining are subjects not directly related to the work.
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The failure to make confidential any order passed by the court rejecting an application could also create biases towards the accused. The reasons given for the introduction of plea-bargaining are the tremendous overcrowding of jails, high rates of acquittal, torture undergone by under trial prisoners etc.