Answer to Question 1
In that case, the Court emphasized again that a peremptory strike of a potential juror
based on race violates the equal protection clause of the Constitution. To ferret out
this discrimination, the Court created a three step test. The defendant must first make
a prima facie case, based on the totality of the prosecutor's conduct, that racial
discrimination occurred in the use of peremptory challenges. During step two, the
burden shifts to the government to come forward with a race neutral explanation for
the strikes. In step three, the trial judge decides if the defendant proved intentional
discrimination.
Answer to Question 2
Straight guilty pleas are made without negotiation between defense counsel and the
prosecutor and are generally done in cases where the proof of guilt is overwhelming.
Negotiated pleas occur in exchange for some concession from the government.
Charge bargaining is when the government reduces either the severity or the number
of criminal charges in exchange for a guilty plea.
Sentence bargaining occurs when the prosecutor recommends a favorable sentence
to the judge or the defendant bargains directly for a favorable sentence with the judge
in exchange for a guilty plea.
Fact bargaining occurs when the prosecutor agrees not to challenge a defendant's
version of the facts or agrees not to reveal damaging facts to the judge.
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