Transcript Criminal Justice Process: Proceedings Before Trial

Ch 13
Criminal Justice Process:
Proceedings Before Trial
1.
2.
3.
4.
5.
6.
7.
8.
Booking and Initial Appearance
Bail and Pretrial Release
Information
Preliminary Hearing
Grand Jury
Felony Arraignment and Pleas
Pretrial Motions
Plea Bargaining
Booking and Initial Appearance
 After an arrest, a suspect is taken to the police station

1. Booking: the formal process of making a police record
of the arrest.



The accused will be asked to provide basic information (name,
address, DOB, details of previous arrests, place of
employment)
Fingerprinting & Photographed
Arraignment:


Judge explains rights
Judge explains charges


Defendant enters his/her plea (guilty or not guilty)
Defendant gets attorney (gets one or one appointed)

Judge may set bail
Bail and Pretrial Release
 Bail: money or property put up to ensure the defendant
will return for trial. This right is given to all but very
serious crimes like murder
 Paid directly to court: either part or all
 If defendant fails to return for trial, court keeps money
 8th Amendment states “excessive bail shall not be
required”
 Release on Personal Recognizance: Defendant
considered a low risk and is released with promise to
show for trial
 Other conditions may be set
 Bail Reform Act of 1984: can deny bail of a person is
charged with a federal offense and believed to be
dangerous
 Enforces the “innocent until proven guilty” concept
You Be The Judge
The following people have been arrested and
charged with a variety of crimes. For
each case, decide whether the person
should be released and, if so, under what
conditions.
1–Bail (released after a certain amount of money is paid; set an amount)
2-Personal Recognizance (released with no money)
3-Conditional Release (released under certain condition; set
the conditions)
4- Pretrial Detention
(no release)
Information &
Preliminary Hearing
 Information
 Prosecutor will file the formal criminal charge
 Based on the evidence that has been collected that
suggests the defendant committed the crime in question
 Used with misdemeanor and some felony cases
 Preliminary Hearing
 A screening process used in about half the state
 Used to determine if there is enough evidence to stand
trial
 Prosecutor required to establish that a crime was
committed and that the defendant probably did it
 Defendant has right to have an attorney present and cross
examine witnesses
 If evidence supports prosecutor’s charge, the defendant
proceeds to trial
 If the judge finds no probable cause, the case is dismissed
 This does not mean case is over, it means the
police/prosecutor must get more evidence before a trial is
allowed
Essays: Fully answer 2 of the following
essay questions. ( 6 points each)
 Explain what the “EXCLUSIONARY RULE” is and
how it impacts how the police do their job.
 What is “BAIL”? What are the requirements for
paying bail? What happens if a suspect skips
bail?
 What are your rights when it comes to a fair
trial? Why are these rights SO IMPORTANT?
 Our government can imprison a person
convicted of a crime. What is the purpose of
our correctional system? (punishment/reform
v. revenge)
Grand Jury



A group of 16-23 people charged with determining if
there is sufficient cause to believe the accused has
committed a crime and should stand trial.
5th Amendment guarantees this right for anyone charged
with a serious crime
Grand Jury INDICTMENT: when the Grand Jury finds
there IS enough evidence, they issue an INDICTMENT or
formal charge of criminal action







Prosecutor presents evidence that a crime was committed and
that there is probable cause the accused did it
Defendant/Attorney have not right to be there
No judge present, rules of evidence to not apply
Prosecutor presents only what they feel they need to to convince
the Grand Jury a trial is necessary
Intended to stand between a wrongly accused person
and a trial that might ruin their reputation or from
harassment of the government
Grand Juries at both the state and federal levels
Grand Juries not generally used in Washington State
Felony Arraignment and Pleas
& Pretrial Motions
1. Felony Arraignment and Pleas

After an indictment, the accused is required to appear before the
court and enter a plea



If GUILTY: sentencing date
If NOT GUILTY: date set for trial. Defendant asked if they want a jury trial or bench
trial
NOLO CONTENDERE: (AKA: No Contest) defendant does not admit guilt but also
does not contest the charges. It is like pleading guilty but cannot be used against
them. Used when the evidence is overwhelming, but the accused won’t admit guilt.
Convicted then has sentencing date set
Felony Arraignment and Pleas
& Pretrial Motions
2. Pretrial Motions
A formal request that the court make a ruling on a point of
law or take some action
* Motion for discovery or evidence: defense request to examine
evidence the
prosecution has against the defendant
* Motion for a continuance: request for more time to prepare that case
* Motion for change of venue: request to change location of trial to
ensure fair trail
* Motion to suppress evidence: request that certain evidence no be
allowed to be
presented during trial
The Exclusionary Rule

4th Amendment protects citizens against “unreasonable search
and seizure” by the government










Does not say what happens when the government violated this
Supreme Court created the “exclusionary rule”
Any evidence illegally seized by law enforcement cannot be used to convict the
accused at trial
Often used by defense attorneys to try to exclude evidence
against their client


Evidence may be used if police find that evidence independently
Evidence may or may not be returned to owner


Judicial Integrity: Idea the police must not be party to lawbreaking
Deterrence: Police less likely to violate rights if they know they cannot
use evidence
Mapp vs. Ohio 1961
Does not prevent arrest or trial, just use of that evidence
May mean accused goes free, even if guilty
“Better for 100 guilty men to go free than one innocent man to
be found guilty”
Other countries do not use this, they punish the police but still
use the evidence
Good Faith Exception: Police acted in good faith, but mistakes
were made. The evidence may be allowed, depending on the
Plea Bargaining
 90 % of cases never go to trial
 Most plead guilty or make a deal (plea bargain)

Defendant given concessions to plead guilty






Lesser charge
Lesser sentence
Judge must decide if defendant made agreement
freely, with full knowledge of all the facts. Judge can
reject the plea
Very controversial, some jurisdictions have abolished
or limited use of plea bargains
Supporters: system would be overwhelmed if not
used
Opponents: allows criminals to get lighter sentences
or that victims rights are overlooked
 If defendant lives up to his/her agreement, deal
stands. If they do not, they go to trial
1.
2.
3.
4.
Should plea bargaining be allowed? Do you think plea bargaining offers
greater advantages to the prosecutor or to the defendant? Explain the
reasons for your answer.
Do you think anyone accused of a crime would plead guilty if he/she
were really innocent? Explain
Consider the following scenario: Marty, who is 22 years old, is arrested
and charged with burglarizing a warehouse. He has a criminal record,
including a previous conviction for shoplifting and two arrests for auto
theft. The prosecutor has evidence placing him at the scene of the crime
but no other physical evidence linking him to the crime. Because of his
record, if Marty is convicted, he could face up to 10 years in prison.
Marty’s defense attorney tells him that the prosecutor will reduce the
charge to petty larceny, carrying a one-year suspended sentence and
community service, in exchange for a guilty plea. If you were Marty,
would you plead guilty to the lesser charge? Why/Why not?
The governor of a large state is charged with corruption by federal
prosecutors. The case attracts widespread media attention. This is a
first offense for the governor, who had previously been the attorney
general of her state. Her defense lawyer meets with the prosecutors
seeking a plea agreement. The defense wants either a reduced charge
(a misdemeanor), the promise of a sentence that does not require jail
time (probation), or both, in exchange for a guilty plea. A a prosecutor,
what factors would you consider in making your decision? Explain