Chapter 13: Criminal Justice Process
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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
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:
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
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