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