Criminal Law: Non-Trial Dispositions

Front 1

What is a pre-trial diversionary program (otherwise known as ARD-Accelerated Rehabilitation Disposition in Pennsylvania)?

Back 1

A program initiated by the prosecutor’s office largely for cases in which
(1) the charges placed on the defendant are not of a serious or violent nature
(2) the defendant does not have a prior criminal record;
(3) the case is of enough minor significance that it ides not require utilization of the entire judicial process to resolve the case
(4) the defendant accepts moral responsibility for the offenses charged

Front 2

What are some pre-trial diversionary programs that a defendant may participate in?

Back 2

1) make restitution
2) rehabilitation program
3) undergo psychiatric treatment

Front 3

What happens if the defendant in a pre-trial diversionary program complies completely with all the rules imposed on him and is not re-arrested during the probationary term?

Back 3

Then he is given the opportunity to have the entire record of his arrest expunged. In essence, he is given a clean slate.

Front 4

What if the defendant chooses to go to trial and is found guilty and is then sentenced to probation?

Back 4

Then he may be sentenced to similar types of probation but his conviction is on the record for the rest of his life.

Front 5

What if a defendant violates the conditions of the pre-trial diversionary program?

Back 5

Then the pre-trial diversionary program is revocated and he can be prosecuted for the old offense as well as any new offenses that caused the violation.

Front 6

What kinds of offenses are eligible for pretrial diversionary programs?

Back 6

1. Shoplifting
2. Petty thefts
3. Disorderly conduct
4. Drunk driving (if no injuries or damages result)

Front 7

What must the defendant do before his case is diverted into a pretrial diversionary program?

Back 7

1. Waive his constitutional right to a speedy trial
2. Waive his constitutional right to be tried within the statute of limitations.
3. Required to sign a written waiver of his rights in return for his case being diverted.

Front 8

What is a plea bargain?

Back 8

An agreement to enter into a plea of guilty to a criminal charge with some reasonable basis for expecting the receipt of some consideration from the prosecution in return.

Front 9

What do the opponents say about plea bargaining?

Back 9

That it is a means for dangerous criminals to get off with light sentences.

Front 10

What do the supporters say about plea bargaining?

Back 10

Without it, the courts backlog of untried cases would close down the system

Front 11

What is the most common form of plea bargain?

Back 11

A negotiated sentence reommendation. In return for the defendant’s plea of guilty, the prosecutor will agree to recommend a ligher sentence than the maximum permitted by law.

Front 12

What are alternatives to imprisonment that can be negotiated?

Back 12

1. probation
2. fines
3. suspended sentence
4. nol pros (drop or reduce certain charges in return for the defendant’s plea for guilty to others)

Front 13

Does the judge have to accept the plea bargain that was reached by the defense counsel and the prosecutor?

Back 13

No. If the judge feels that in good conscience he cannot accept the plea agreement, he will permit the defendant to withdraw his guilty plea and go to trial before another judge.

Front 14

What happens if the defendant wants to plead guilty?

Back 14

In essence, the defendant is placing himself at the mercy of the court. The defendant is hoping that the court will consider the repentant nature of his plea as a first step toward his rehabilitation.

Front 15

What is it called when the defendant wants to plead guilty rather than stand trial?

Back 15

An “open” guilty plea.

Front 16

What are the prosecutors reasons for entering into a plea bargain?

Back 16

1. Uncertainty of Going to Trial
2. Problems with Case
3. Seriousness of the Crime
4. Relationship between the Defendant and Complaintant
5. Background of the Defendant
6. Preservation of Court Time
7. Defendant’s Co-Operation

Front 17

What are the defense’s reasons for entering into a plea bargain?

Back 17

1. the track record of the judge
2. the attitudes of the jurors in that community toward that type of crime
3. strengths or weakness of the defense case
4. strength or weakness of the prosecutors case
5. ability of the prosecutor trying the case
6. publicity surrounding the case
7. what the probability is of obtaining an undesireable sentence in return for the plea.

Front 18

What are the requirements for the defendant to make a plea bargain:

Back 18

The plea must be made:
1) voluntarily
2) knowingly
3) intelligently

Front 19

What is nolo contender?

Back 19

Another form of a plea that the defendant can make to avoid going to trial. By pleading nolo contendere “no contest”, the defendant is saying he does not admit or deny the charges. He simply does not contest them. However, the effect is exactly the same as a plea of guilty. The defendant stands convicted and faces the exact same penalties.

Front 20

If the defendant faces the same penalities under nolo contender as he does for pleading guilty, what is the advantage of pleading nolo contender?

Back 20

The primary advantage of a nolo plea is that it cannot be used against the defendant in a subsequent civil or criminal proceeding to prove that he committed the crime.

Front 21

Can the nolo contendere plea be withdrawn?

Back 21

Yes if it can be deteremined that “manifest injustice” is present. But only BEFORE sentencing is imposed or imposition of sentence suspended.

Front 22

What is “manifest injustice”?

Back 22

If the plea was made unknowingly, involuntarily, and unintelligently, it would be an example of “manifest injustice” that would justify a withdrawl of a plea.

Front 23

Can the defendant who has plead guilty have a right to appeal?

Back 23

Yes but his opportunities for appeal are limimted. He can only appeal on the grounds of:
1) challenging the jurisdiction of the court that accepted the plea
2) voluntariness of the plea
3) the legality of the sentence.

Front 24

What is the rationale for allowing a defendant who has plead guilty to be able to appeal?

Back 24

The rationale is that since a defendant would have the right of appellate review from a conviction at trial, he should be afforeded the same right from a conviction by way of a guilty plea.