Transcript Chapter 13: Criminal Justice Process

Chapter 13: 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
 What is the purpose of bail?
Bail and Pretrial Release
 What if the defendant doesn’t
have money for bail?
 What if the accused doesn’t
return for court appearances?
 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.
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.
5th Amendment Grand Jury clause
 No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment
or indictment of a Grand Jury, except in cases arising
in the land or naval forces, or in the Militia, when in
actual service in time of War or public danger;
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” (or nolo contendere), 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
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