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Introduction to Plea Bargaining - Law of Criminal - Lecture Notes, Study notes of Criminal Law

These are the important key points of lecture notes of Law of Criminal are: Introduction to Plea Bargaining, Lawyer Client Relationship, Criminal Legal System, Prosecutorial Discretion Plays, Justice is Served, Knowledge Objectives, Skills Objectives, Attitude Objectives, Articulate Responses, Negotiation

Typology: Study notes

2012/2013

Uploaded on 01/11/2013

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LESSON: Criminal Law: Introduction to Plea Bargaining
I. GOALS Introduction to Plea Bargaining
A. Identify with someone who is willing to plea bargain to avoid jail time.
B. Develop an appreciation for the lawyer-client relationship.
C. Understand how prosecutorial discretion plays a big part of how our
criminal legal system works.
D. Begin to question whether plea-bargaining is a good way to ensure that
justice is served.
II. OBJECTIVES:
A. Knowledge Objectives As a result of this class, students will be
better able to:
1. Identify how evidence or the lack of evidence determines guilt or
innocence in our criminal justice system.
2. Identify reasons why our system affords prosecutors a great degree
of discretion to make plea bargains.
3. Identify the duties a criminal defense attorney owes to his client.
B. Skills Objectives As a result of this class, students will be better able
to:
1. Utilize the facts of a case, including the absence of facts, to make
legal arguments.
2. Develop and articulate responses on the fly to challenges by the
other side of a negotiation.
C. Attitude ObjectivesStudents will better able to feel:
1. How irresponsible actions such as getting really drunk can put
someone in a situation where their guilt or innocence can be a 50/50
question.
2. Appreciate that the criminal legal system can deal with cases where
all the facts are not clear.
3. How going to court is not always the best way to solve a problem.
III. CLASSROOM METHODS:
A. Plea Bargain Game: (approximately 30 mins)
1. Announce we will be reading the case of Joey and Alex.
2. Hand out a copy of the rules of The Plea Bargain Game.
3. Ask for volunteers to read each paragraph out loud. (5-7 minutes)
4. Tell the students that they will be broken into groups of four. One
person will play the role of Joey (the accused). Another person will
play the role of Joey’s Lawyer. The other two people will play the
role of prosecutors.
5. Count off students 1-4.
6. Assign the groups to different areas of the classroom.
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LESSON: Criminal Law: Introduction to Plea Bargaining

I. GOALS – Introduction to Plea Bargaining A. Identify with someone who is willing to plea bargain to avoid jail time. B. Develop an appreciation for the lawyer-client relationship. C. Understand how prosecutorial discretion plays a big part of how our criminal legal system works. D. Begin to question whether plea-bargaining is a good way to ensure that justice is served.

II. OBJECTIVES: A. Knowledge Objectives – As a result of this class, students will be better able to:

  1. Identify how evidence or the lack of evidence determines guilt or innocence in our criminal justice system.
  2. Identify reasons why our system affords prosecutors a great degree of discretion to make plea bargains.
  3. Identify the duties a criminal defense attorney owes to his client. B. Skills Objectives – As a result of this class, students will be better able to:
  4. Utilize the facts of a case, including the absence of facts, to make legal arguments.
  5. Develop and articulate responses on the fly to challenges by the other side of a negotiation. C. Attitude Objectives – Students will better able to feel:
  6. How irresponsible actions such as getting really drunk can put someone in a situation where their guilt or innocence can be a 50/ question.
  7. Appreciate that the criminal legal system can deal with cases where all the facts are not clear.
  8. How going to court is not always the best way to solve a problem.

III. CLASSROOM METHODS: A. Plea Bargain Game: (approximately 30 mins)

  1. Announce we will be reading the case of Joey and Alex.
  2. Hand out a copy of the rules of The Plea Bargain Game.
  3. Ask for volunteers to read each paragraph out loud. (5-7 minutes)
  4. Tell the students that they will be broken into groups of four. One person will play the role of Joey (the accused). Another person will play the role of Joey’s Lawyer. The other two people will play the role of prosecutors.
  5. Count off students 1-4.
  6. Assign the groups to different areas of the classroom.
  1. Explain that they have 5-7 minutes to brainstorm arguments with their partners. Joey and Joey’s attorney will talk in private. The prosecutors will also talk in private.
  2. We instruct the role-players to formulate the best arguments for their respective side.
  3. Joey and Joey’s attorney will then meet with the prosecutors and have a negotiation.
  4. We will give them 7-10 minutes to negotiate, during which we will be checking with the groups to make sure that they are on track.
  5. We’ll encourage the students to think about moral, economic, and practical arguments.
  6. The groups are allowed to come up with a plea agreement but do not have to come to an agreement.
  7. After 10 minutes of negotiation we will call time.
  8. Then we will go around to each group and have them explain to the class how their plea bargain went. (allow 7-10 minutes total)
  9. If they did not come to an agreement we will simulate a 50-50 jury decision and determine Joey’s guilt or innocence and Joey’s jail sentence. Even if they did come to an agreement we will still simulate a 50-50 jury decision to show what would have happened if an agreement wasn’t reached.
  10. Rearrange the desks back to normal and have a class follow-up discussion.

B. Follow Up Discussion: (remaining time about 20 mins)

  1. Whether they thought that this was a real case or not.
  2. What did they find challenging about their roles (prosecutor, defense, and judges)
  3. Were they satisfied with the agreements they made or didn’t make.
  4. Explain that this is how many cases are resolved and that many cases don’t make it through the trial process.
  5. Ask the students the pros and cons of this type of system.

Rules of The Plea Bargain Game (handout)

Materials Needed

  • Envelopes
  • Index cards or slips of paper
  • Marker or pen
  1. The way we simulate a 50/50 jury decision is to use sealed envelopes with verdicts inside.
  2. Each envelope should have four index cards inside.
  3. Each index card will have a different thing written on it.
  4. One card should say “Guilty.” Another card should say “Not Guilty.” The two remaining cards should read “Minimum sentence – 3 years” and “Maximum sentence
  • 10 years” respectively.
  1. Each card should also have a unique letter or a unique number written on it. For example, the “Guilty” card is also marked “A,” the “Not Guilty” card is marked “B,” the “min. sentence” card is marked “X,” and the “max sentence” card is marked “Y.”
  2. These additional markings are very important. Because on the outside of the envelope the teacher will write “A or B” and “X or Y.” These letters need to correspond to the cards inside the envelope.
  3. In the example, the question of “A or B” refers to a question of “Guilty” or “Not Guilty” (50/50 decision). And the question of “X or Y” refers to a question of receiving the “min. sentence” or “max sentence” (50/50 decision).
  4. Once the cards are appropriately marked, they should be placed in the envelope and sealed.
  5. The teacher should prepare a separate envelope for each of the groups.
  6. At the end of the negotiation period, the teacher will hand each group an envelope.
  7. Then the teacher will ask the person playing the role of Joey to choose “A or B.” This will determine Joey’s guilt or innocence.
  8. Then the teacher will ask the prosecutors to choose “X or Y.” This will determine Joey’s sentence.
  9. It is important to mix up what the letters refer to. For example, sometimes “A” refers to the “Guilty” card and sometimes it refers to the “Not Guilty” card.

Visual Example of 50/50 Jury Decision