Chapter 12: Trials and Sentencing

In New York, Dr. Robert Bierenbaum, a plastic surgeon was placed on trial accused of killing his wife around fifteen years earlier and disposing of her body without a trace. He pleased not guilty, and prosecutors tried the case with "no body, no forensics, no murder weapon, no bloody clothes, no fingerprints, no brain matter, no body parts." Whenever Prosecuting any criminal case requires corpus delicti which is proving a crime, it means that proof of an act and that the act resulted from the illegal actions of the defendant; also called proving a crime. Usually, what happens at a trial are delays which is the continuance that is a court authorized postponement of a case to allow the prosecution or defense more time to prepare its case. Another cause of delays is a process called discovery which is the process that entitles a suspect to review certain information gathered by the prosecutor. The right to trial jury is a group of citizens (usually twelve) who decide on the guilt or innocence of a defendant. Witness Testimony and Evidence is the body of the trial which consist of the presentation of the prosecutor's evidence and the statements of witnesses, which is followed by the presentation of the case for the defense. Defense Strategies are the general defenses which is the Justifications or excuses for criminal conduct that are applicable to all criminal offenses. Furthermore, justification defenses is the defenses that admit to the criminal conduct, but claim it was justified by overwhelming circumstances, such as self defense. Finally, excuse defenses are defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it. Insanity and duress are examples. Jury nulification is an acquittal of a defendant despite facts that show guilt. The way Judges decide on a sentence is much of criticism that is either too lenient or too severe. Just like retribution which is the punishment applied simply in proportion to the seriousness of the offense. Incapacitation is the prevention of further criminal behavior by physically restraining the offender from engaging in future misconduct. Selective incapacitation is the Identification of potential high rate offenders for incarceration for longer periods as means of reducing crime. Deterence is the prevention of crime through the example of offenders being punished. And Rehabilitation is the view that sees criminal behavior as stemming from social or psychological shortcomings; the purpose of sentencing is to correct or treat these shortcomings in order to prevent future crimes. There are two sentencing options that differ which is, indeterminate sentencing which is a system of sentencing that empowers the judge to set a maximum sentence and sometimes a minimum sentence, for the offender to serve in prison. and Determine sentencing which is a sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board. As well as truth in sentencing which is  a sentencing provision that requires offenders to serve the bulk of their sentence before they can be released. Mandatory sentencing is a fixed sentences for offenders convicted of certain types of crimes such as gun related crimes, drug offenses, and drunk driving offenses. Guideline sentences is sentences developed by examining the averages of past sentences imposed on various combinations of offenders and offenses and designed to achieve proportionality and uniformity without mandating specific sentences for certain crimes or offenders. The way Eight Amendment Restricts sentencing is by the prohibition of cruel and unusual punishment which is a portion of the Eighth Amendment prohibiting criminal penalties that violate "evolving standards of decency that mark the progress of a maturing society."