Transcript Document
Criminal Justice Process: Proceedings Before Trial – Chp 13 Booking – Formal process of making a police record of an arrest - - Give private info such as: Name Address Date of birth Place of employment Details about previous arrests Finger printed Photographed Urine sample has become common for use in drug testing Depending on the circumstances police will take fingernail clippings, handwriting samples, and/or blood samples Criminal Justice Process: Proceedings Before Trial – Chp 13 Initial Appearance - Judge explains defendant’s rights Advises of the exact nature of the charges Attorney is either appointed or given opportunity to obtain one May set bail - Misdemeanor asked for a plea of not guilty or guilty - Felony no plea until arraignment Criminal Justice Process: Proceedings Before Trial – Chp 13 Bail & Pretrial Release - Purpose of bail is to assure the court the defendant will return for trial - Paid directly to the court - Usually 10% payment is required - If the person fails to appear, the court keeps the money - For a fee a person can use a bond company to help with the payment Person recognizance/personal bond - Defendant promises to return and is considered a low risk of failing to appear - Considerations include: nature and circumstances of the offense accused family/community ties financial resources employment background prior criminal record Criminal Justice Process: Proceedings Before Trial – Chp 13 Bail Reform Act, 1984 - Prevents being freed on bail if an accused is charged with a federal felony offense and believed to be dangerous - Must have a hearing on the issue - Charge must be violent crime or drug offense - Must have been convicted of a felony more than once - Most states have not adopted similar legislation Pretrial Release Support - Does not punish defendant before conviction - Gives time to prepare defense - Accused innocent until proved guilty, non-pretrial release goes against this presumption Criminal Justice Process: Proceedings Before Trial – Chp 13 Misdemeanors - proceed to trial on prosecutor’s information - this information will detail the nature and circumstances of the charge - formal criminal charge w/o aid of preliminary hearing or grand jury - Based on evidence collected during investigations Criminal Justice Process: Proceedings Before Trial – Chp 13 Preliminary Hearing - Screening devise used in 50+% of states - Used in felony cases to determine if a trial is warranted - Prosecutor is required to establish that a crime probably has been committed and that the defendant probably did it - Most states allow cross examination, attorney representation, call favorable witnesses - If evidence supports prosecutor then trial will be scheduled - If no probable cause that a crime has been committed or possible guilt of the defendant then the case may be dismissed - Prosecution may still submit to grad jury for further review Criminal Justice Process: Proceedings Before Trial – Chp 13 Grand Jury - Group of 16 – 23 people charged with determining whether there is sufficient cause to believe that a person has committed a crime and should be made to stand trial - Before being tried for serious crime in federal court there must be a grand jury indictment or formal charge of criminal action - Prosecutor presents evidence - Neither defendant nor attorney has right to appear - Judge not present, rule of evidence do not apply - Not all evidence or witnesses are required Criminal Justice Process: Proceedings Before Trial – Chp 13 Felony Arraignment & Pleas - After indictment defendant appears in court to enter a plea - Guilty leads to sentencing date - Not guilty leads to trial date and the question of a jury or bench trial - Nolo contendere is a plea in which the defendant does not admit guilt but does not contest the charges, equivalent of guilty - Advantage of Nolo contendere is that the case cannot be used against the defendant in future cases with similar circumstances Criminal Justice Process: Proceedings Before Trial – Chp 13 Pretrial MotionsFormal request that a court make a ruling or take some other action 1. Motion for discovery of evidence – request by defendant to examine, before trial, certain evidence in possession of the prosecutor 2. Motion for a continuance – request seeks more time to prepare a case 3. Motion for change of venue – request change of location of trial to avoid community hostility, witness convenience, other reason 4. Motion to suppress evidence – request that certain evidence not be allowed to be presented. This uses the Exclusionary Rule Criminal Justice Process: Proceedings Before Trial – Chp 13 The Exclusionary Rule - Support Judicial Integrity is the idea that courts should not be parties to law breaking by the police Deterrence means police will be less likely to violate a citizen’s rights if illegally seized evidence will be thrown out of court - Disclaimers legal loophole that allows the guilty to go free - Exception ‘good faith’ – “exclusionary rule should not apply to bar evidence obtained by police acting in reasonable reliance on a search warrant, issued by a detached and neutral judge, that is later found to be invalid: Criminal Justice Process: Proceedings Before Trial – Chp 13 Plea Bargain – negotiation between accused, defense attorney, and prosecutor - Most cases never go to trial - Typically negotiate for a less serious charge or recommend a lighter sentence if accused pleads guilty - Judge must decide if the plea was made freely, voluntarily, and with knowledge of all the facts Arguments Against - Victims rights are overlooked - Allows dangerous criminals to get back into society sooner