Transcript The Trial - Radford University

The Trial
Chapter 9 in Your Text
John Massey
Criminal Justice
After the arrest has been made
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The Initial Appearance
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Occurs after an arrest has been made
-brief, informed of charges
-given date for Preliminary hearing
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Do you release or detain?
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Bail
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Amount of money paid by defendant to court until defendant’s return
A “promise” to return
Reasonable
Three Factors in Setting Bail
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Uncertainty
Risk
Overcrowded Jails
Released on Recognizance
Bail Bondsman
Preventive Detention
Preliminary Hearing & Grand Jury
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Preliminary Hearing
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Grand Jury
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Defendant appears before the judge
Is there sufficient evidence to proceed to trial?
Some cases dropped
Group of citizens
Determine probable cause
Federal Government and Some States
Decides whether or not a case should continue
Indictment (charge that probable cause does in fact exist)
Factors to Consider When Deciding to Further Prosecute
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Sufficient evidence?
Case priorities
Uncooperative victims
Unreliability of victims
Is defendant willing to testify against others?
Pretrial Motions & The Arraignment
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Defense can request specific actions
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suppress evidence gained illegally
change of venue
invalidate a search warrant
obtain evidence that prosecution may be withholding
dismiss because of delay
Arraignment
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Formal charge with crime stated in indictment
Suspect enters plea (guilty, not guilty, nolo contendre)
Plea Bargaining
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After arraignment, before trial begins
Defense & Prosecution – agreement
Most cases stop here
Cuts down caseloads, saves time, moves process along and efficient
Should be mutually beneficial
Unique Features of a Criminal Trial
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Speedy Trial
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Right to Jury Trial
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States decide (in misdemeanor cases)
Sometimes bench trials
Right Against Self-Incrimination
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6th amendment
5th Amendment
No person is required to be a witness against him/herself
The Burden of Proof
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Beyond a reasonable doubt
Guilt is clear and unquestionable
The Jury
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Jury Selection
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Citizen of the U.S.
18 & up in age
No felonies
Pulled from community
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Voir Dire
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DMV lists, Voter Registration, Welfare Lists
“to tell the truth”
-jurors provide info, attorneys ask questions
Screening process
Preemptory challenges
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Each attorney allowed a certain number of challenges
Can exclude jurors from serving w/out any reason/cause
Some states 5 or 6 challenges, some as many as 10
Virginia has 4
The Trial
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Opening Statement
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Both attorneys give general facts of the case
Evidence
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Used to prove the existence or lack of a fact
Three main types
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Direct – witnessed by person giving testimony
Circumstantial – indirect, can create an inference/likelihood
Relevant – proves or disproves fact in question (DNA/forensics)
Witnesses
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Two types
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Lay Witnesses – turthfully and accurately testify on a fact in question without an special
training or knowledge (ordinary witness)
Expert Witnesses – witness with professional training or experience in certain area
Witness Questioning
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Two types
Direct Examination and Cross Examination
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Direct:
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Cross:
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Defense will question the prosecution’s witness
Hearsay:
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Prosecutor calls witness to stand to testify
Questions that witness
Testimony given about a statement made by someone else
Usually not admissible
Defense is challenged with creating reasonable doubt in order to get their
clients found not guilty
Later Stages of the Trial
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Defense closes case
Prosecution can bring in new evidence (rebuttal stage)
Defense has same opportunity
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Closing Arguments
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In most states, defense goes first, then prosecution
Shifting the Power to the Jury
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Judge informs jury of charges/crimes and guides them
Jury goes into deliberation, decides outcome
Verdict – issued by jury (usually guilty or not guilty)
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If unable to agree on unanimous verdict – hung jury
Appeals
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Appeals
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Two Reasons for Appeals
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Correct error made in trial
Review policy
Double Jeopardy
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Defendant can appeal
Higher court reviews lower court’s decision
Must question Constitutional issue or illegality
No individual should be tried twice for same offense
Habeas Corpus
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“you have the body”
Judicial order
Writ of Habeas Corpus – only Constitutional Issues