Ch8. Special Procedures — Plea Bargaining, Misdemeanors, Juveniles & Jury Trials

Plea Bargaining

Plea Agreement:
  Defendant pleads guilty in exchange for a
  concession by the prosecution
  No full trial required

Types of Plea Agreements:
  Charge bargaining: reduce or drop counts
  Sentence bargaining: recommend lighter sentence
  Count bargaining: dismiss some charges

Procedure:
  Negotiation between prosecutor and defense
  Court conducts Rule 11 colloquy (Fed. R. Crim. P. 11):
    - Voluntary and knowing plea
    - Factual basis for the offense
    - Defendant understands rights waived
  ~95% of federal convictions resolved by plea

Withdrawal:
  Before sentencing: court may allow withdrawal
    for "fair and just reason"
  After sentencing: only to correct manifest injustice

Summary / Misdemeanor Process

Petty Offenses / Infractions:
  Maximum penalty ≤ 6 months:
    no Sixth Amendment jury right (Baldwin v. NY)
  Handled in magistrate or municipal court
  Citation or summons rather than arrest

Class A Misdemeanors:
  Up to 1 year in jail
  Defendant retains right to jury trial
    if penalty > 6 months

Contested Hearing:
  Defendant may contest citation before judge
  Right to appointed counsel if incarceration likely
  Speedy trial protections apply

Appeal:
  De novo review in superior/district court
    (trial anew, not on the record)

Jury Trial

Sixth Amendment Right to Jury Trial:
  All felonies and serious misdemeanors
    (potential sentence > 6 months)
  Jury of 12 in federal court (Fed. R. Crim. P. 23)
  Unanimous verdict required in federal court

Jury Selection (Voir Dire):
  Random pool from voter rolls / DMV records
  Challenges for cause: unlimited
  Peremptory challenges: limited (no racial/gender
    basis — Batson v. Kentucky, 1986)

Verdict:
  Unanimous "guilty beyond a reasonable doubt"
  Hung jury → mistrial → possible retrial
    (no double jeopardy bar)
  Acquittal → absolute bar to retrial

Waiver:
  Defendant may waive jury and elect bench trial
  Court must approve waiver

Juvenile Justice

Juvenile Justice and Delinquency Prevention Act:
  Under 18 → juvenile court jurisdiction
  Focus on rehabilitation, not punishment

Status Distinctions:
  Under 14 (federal): presumed incapable of
    federal prosecution without transfer hearing
  14-17: transfer ("waiver") to adult court
    possible for serious violent felonies
    (Kent v. United States, 1966)

Adjudication:
  Juvenile court judge (no jury right in most states)
  Disposition: probation, counseling, group home,
    DJJ commitment
  Sealed records: protect future opportunities

Confidentiality:
  Juvenile proceedings generally closed to public
  Records sealed upon reaching adulthood
  Goal: rehabilitation and reintegration

Plea Bargain = Rule 11 Colloquy Required ★★★★★ : Court must ensure the plea is knowing, voluntary, and has a factual basis before accepting it. Memory hook: plea = Rule 11 = judge verifies on the record

Jury Trial = Serious Offense (> 6 Months) ★★★★★ : The Sixth Amendment guarantees a jury trial whenever the potential sentence exceeds six months. Memory hook: 6-month line = jury right

Juvenile Transfer = Serious Violent Felony ★★★★☆ : Juveniles may be transferred to adult court for serious crimes; otherwise, rehabilitation is the priority. Memory hook: juvenile + serious felony = transfer hearing

Practice Questions

Q. When a jury’s verdict differs from the judge’s view of the evidence in a bench trial, what controls?

In a jury trial, the verdict is final if supported by sufficient evidence — the judge does not substitute their judgment for the jury’s. In a bench trial, the judge is the factfinder. If the jury returns a not guilty verdict, that is an absolute acquittal regardless of the judge’s view. If a guilty verdict is returned against the weight of the evidence, the defendant’s remedy is a motion for judgment of acquittal (Rule 29) or a new trial (Rule 33).

Q. What are the main differences between a plea bargain and a full trial?

Plea: no jury, no witness examination, no confrontation rights exercised; defendant waives trial rights. Full trial: prosecution must prove every element beyond a reasonable doubt to twelve jurors. Plea advantage: defendant typically receives a lower sentence; prosecution conserves resources. Non-reformation principle applies to appeal of a sentence entered on a guilty plea (if only defendant appeals). A plea of guilty carries the same preclusive effect as a conviction — the defendant cannot later deny guilt in civil proceedings.