Transcript Chapter 13: Criminal Justice Process- Proceedings

Chapter 13: Criminal Justice
Process- Proceedings before the
Trial
Booking and Initial Appearance
 Booking: Formal process for arrests
 Provide personal information and info on any previous arrests
 Fingerprinted and photographed
 Can take DNA samples and writing samples
 Initial Appearance: Judge informs accused of
charges and the rights of the accused, sets bail
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Misdemeanor Appearance: enters plea
Felony Appearance: does not enter plea
Bail and Pretrial Release
 The purpose of bail is to
ensure the defendant will
return for court
 If the person does not return
to court the court keeps your
money
Bail Continued…
 If the defendant doesn’t have money…
 Bail bondsman (will post for you for a fee)
 Personal recognizance (personal promise)
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Must prove you are a low risk criminal.
Can require a third party to keep tabs…
Work a certain place
 Live somewhere appointed
 Or report to supervisor
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What happens if the defendants commits crimes while released
on bail?
 Problem: many defendants
commit crimes while out
on bail
 Preventative
Detention:
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accused may be held
without bail
Has to have good reason
that he or she may commit
another serious crime before
trial.
 “You be the Judge” pg 159
Information
 Information: details about the nature and
circumstances of the charge
 Only uses prosecutors investigative evidence
 No Grand Jury needed to hear evidence.
 Only preliminary investigative evidence!
 This is used in a…
Preliminary Hearing
 Preliminary Hearing: Used in felony cases to
determine if there is enough evidence for the
defendant to stand trial ( if there is not enough
evidence the defendant can be released)
 Both sides can call witnesses and present evidence
Grand Jury
 Can be used in serious felony cases instead of a
preliminary hearing
 16-23 people decide if there is sufficient evidence to
INDICT-formally charge – the defendant.
 Only the prosecutor (no defendant, no defense
attorney)
Felony Arraignment and Pleas
 Arraignment: used in felony cases, the defendant
enters their plea
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If pleads guilty, judge sets date for sentencing
If pleads not guilty, judge sets date for trial and defendant
decides if they want a jury or bench trial (only a judge, no
jury)
If defendant pleads “no contest”, they are not admitting guilt
but do not contest the charges, the judge sets date for
sentencing.
Pretrial Motions: The Exclusionary Rule
 Motion: a request that the court make a ruling or
take some action
1. Motion for Discovery of Evidence: request by
the defendant to examine certain evidences of the
prosecution before the trial
2. Motion for a Continuance: request for more
time to prepare the case
3. Motion for Change of Venue: request to
change trial location to avoid community hostility
4. Motion to Suppress Evidence: request that
certain evidence not be allowed to be presented
http://www.youtube.com/watch?v=DH9ULbrrtn4
What is the exclusionary rule? (Remember from last
chapter?)
- Mapp v. Ohio (made the exclusionary rule apply
to state courts!)
Controversy with the Exclusionary Rule
 Why do you think some people disagree with the
exclusionary rule?
Support:
 Judicial Integrity: the courts should not be parties
to lawbreaking by police
 Deterrence: police will be less likely to violate a
citizen’s rights if they know that illegally seized
evidence will be thrown out in court
Plea Bargaining
 Most criminal never go to trial…their cases are
settled out of court because the defendant pleads
guilty before the trial
 Plea Bargaining: the negotiation between the
prosecutor, defendant, and defendant’s attorney. In
exchange for a guilty plea, the prosecutor agrees to
charge the defendant with a lesser crime and usually
a lesser punishment
Plea Bargaining
 Benefits:
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Govt can avoid the time and expense of a trial
Defendant gets a ligher sentence
 Controversies:
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Allows dangerous criminals off the hook for their crimes
The govt should have to prove guilt beyond a reasonable doubt
Defendants may plead guilty because of fear of conviction and esp.
poorer defendants that cannot afford a long trial.
http://www.youtube.com/watch?v=PdsSR_WD2Ks
 “The Power of Plea Bargaining” – p. 165