c9: pretrial procedures and criminal trial who is susan polk? what were the issues with her trial?...

C9: Pretrial Procedures and Criminal Trial

Who is Susan Polk? What were the issues with her trial? What do you think happened to her?

C9: Pretrial Procedures and Criminal Trial

Define: Initial appearance p.221 Bail p.221 Release on Recognizance p.222 Bail Bondsperson p.223 Preventive detention p.223

C9: Pretrial Procedures and Criminal Trial

Purpose of Bail Bail is guaranteed under 8th Amendment Not all jurisdictions have the same

guidelines for bail Prohibited in capital crimes Reasonable compared to the crime, not

compared to defendant’s ability to pay

C9: Pretrial Procedures and Criminal Trial

Purpose of Bail Bail also protects community from the

defendant

C9: Pretrial Procedures and Criminal Trial

Gaining Pretrial Release Release on recognizance (ROR) was

introduced by Manhattan Bail Project in 1960s

Less than 5% fail to show for trial Not used for felonies

C9: Pretrial Procedures and Criminal Trial

Gaining Pretrial Release Defendants may post bail with property Property must be double the cost of the

bail Bondsperson can be used, but the

defendant must have collateral

C9: Pretrial Procedures and Criminal Trial

Preventive Detention Judges are allowed to act “in the best

interests of the community” Bail Reform Act of 1984: Can set bail

high to keep suspects in jail 16% of released are rearrested before

trial Federal offenders can be held without bail

Is this fair under the Constitution? Page 224: Innocent on Bail?

C9: Pretrial Procedures and Criminal Trial

Define: Discovery p.225 Information p.225 Indictment p.225 Case attrition p.226

C9: Pretrial Procedures and Criminal Trial

Book Questions: Copy and Answer on separate paper using pages 220 – 2281. After an arrest and booking has been

made, what is the next step towards determining guilt or innocence?

2. At what stage does a judge or magistrate decide if there is sufficient evidence to proceed to trial?

3. What is the formal investigation, prior to trial, where the defense obtains information from the prosecution?

C9: Pretrial Procedures and Criminal Trial

Book Questions: Copy and Answer on separate paper using pages 220 – 2284. Find the word “perfunctory” on page 225.

Write what you think it means.5. How long does a preliminary hearing

usually last?6. What states REQUIRE Grand Jury

indictment to charge an individual with any type of crime?

7. What is an indictment called if it comes from a Preliminary Hearing?

C9: Pretrial Procedures and Criminal Trial

Define: Nolo Contendere p.228 Acquittal p.232 Venire p.234 Voir Dire p.235 Challenge for Cause p.236 Peremptory Challenge p.236

C9: Pretrial Procedures and Criminal Trial

Prosecutorial Screening Process After an initial charge, prosecutors can

add more charges P. 227, fig. 9.4:

How many arrests? How many prosecuted? How many incarcerated?

C9: Pretrial Procedures and Criminal Trial

Case Attrition About half of felony cases are dismissed

through a nolle prosequi Why? Resources.

C9: Pretrial Procedures and Criminal Trial

How do you decide when to prosecute? Look at pages 226 – 228 and put the 5

deciding factors for prosecution into your own words

C9: Pretrial Procedures and Criminal Trial

Prosecutorial Charging and the Defense Attorney The pretrial motions are a defense

attorney’s tools to help their client. In your notes, copy the list of motions

on page 228 and write an expected effect of each motion.

C9: Pretrial Procedures and Criminal Trial

Steps to a Trial Diagram Using the flow chart on page 222,

create your own Steps Leading to a Trial on a white sheet of paper

Summarize or paraphrase the steps in your own words

Create illustrations for 5 of the steps that you think are most interesting / important

C9: Pretrial Procedures and Criminal Trial

Define: Real Evidence p. 237 Direct Evidence p. 237 Circumstantial Evidence p. 237 Relevant Evidence p. 238

C9: Pretrial Procedures and Criminal Trial

Define: Lay Witness p. 237 Expert Witness p. 237

C9: Pretrial Procedures and Criminal Trial

Jury Selection Requirements:

1. U.S. Citizen2. 18 y.o.3. No felony convictions4. Sufficiently intelligent5. Read, write, comprehend English

C9: Pretrial Procedures and Criminal Trial

Jury Selection Jurors come from a master jury list, or

jury pool, created with DMV or voter records

Step 1: Venire – Bring potential jurors to the courthouse

Step 2: Voire Dire – Jurors are given written and oral questions to determine bias

Step 3: Challenging potential jurors – For cause: Don’t speak English, have link

to defendant, etc.

C9: Pretrial Procedures and Criminal Trial

Jury Selection Step 3: Challenging potential jurors:

Peremptory: Given a limited number of them

Issues: Race – Minorities were often excluded

from earlier juries Women – Allowed to serve since the 19th

Amendment, but given a choice until the 1970’s

C9: Pretrial Procedures and Criminal Trial

Assignment (Part 1) p. 235:

On a sheet of paper: Write the name of the trial People v.

Carter(2011) Create a list of 5 potential Yes/No

questions that would be on a juror questionnaire for this trial

C9: Pretrial Procedures and Criminal Trial

The Trial: Define:

Hearsay p. 239 Charge p. 242 Hung Jury p. 243 Allen Charge p. 244

C9: Pretrial Procedures and Criminal Trial

The Trial: Plea Bargaining

Removes the risk for the prosecution Sometimes the best case for the defense Gives the defendant a level of control over

their fate

C9: Pretrial Procedures and Criminal Trial

Special Features of Criminal Trials A Speedy Trial

Guaranteed under Sixth Amendment Must prove that delays are prejudicial if

you want to claim injustice Federal level: Speedy Trial Act of 1974:

No more than 30 days from arrest to indictment

Ten days from indictment to arraignment Sixty days from arraignment to trial

C9: Pretrial Procedures and Criminal Trial

Special Features of Criminal Trials An Impartial Jury

Duncan v. Louisiana (1968) guaranteed this for felonies

Most juries have 12 people Most votes for acquittal must be

unanimous

C9: Pretrial Procedures and Criminal Trial

Special Features of Criminal Trials Privilege Against Self-Incrimination

Fifth Amendment says you cannot be compelled to testify against yourself

Jury must not be prejudiced against this Adamson v. California (1947)

C9: Pretrial Procedures and Criminal Trial

Special Features of Criminal Trials Presumption of Innocence

Innocent until proven guilty Media can make this difficult Scott Peterson’s case was moved from

Modesto to San Mateo due to fear of bias

C9: Pretrial Procedures and Criminal Trial

Special Features of Criminal Trials Standard of Proof

Guilt beyond a reasonable doubt Prosecution must prove it Is it worse to convict an innocent person

or let a guilty person go free?

C9: Pretrial Procedures and Criminal Trial

The Trial Opening Statements

Prosecution Defense

Direct Evidence of Prosecution Cross Examination of Prosecution Direct Evidence of Defense Cross Examination of Defense Prosecution Rebuttal Defense Surrebuttal Closing Statements

Defense Prosecution

C9: Pretrial Procedures and Criminal Trial

The Trial Evidence

Testimonial Evidence Lay witness v. expert witness

Direct evidence v. circumstantial Circumstantial only makes a connection,

direct is enough to convict

C9: Pretrial Procedures and Criminal Trial

The CSI Effect: Read page 244 On a sheet of paper to hand in, answer

in one or two paragraphs: What effect has popular culture and TV

such as CSI had on the criminal justice process? Are these effects good or bad? Why?

C9: Pretrial Procedures and Criminal Trial

The Trial Prosecution’s case

More difficult task, must present corpus delicti

Must utilize witnesses, but cannot lead Witness answers must be based on their

own knowledge, not hearsay Sixth amendment allows for cross-

examination

C9: Pretrial Procedures and Criminal Trial

The Trial Rebuttal and Surrebuttal

Prosecution can bring forth new witnesses after the defense finishes - rebuttal

Defense can then cross examine the new witness and introduce new witnesses - surrebuttal

C9: Pretrial Procedures and Criminal Trial

Final Steps Jury Deliberation

Given instructions by the judge In extreme cases, will be sequestered –

removed from the public

C9: Pretrial Procedures and Criminal Trial

Final Steps The Verdict

Commonly, guilty or not guilty Can have varying degrees if instructed Hung jury can lead to an Allen Charge –

Allen v. United States (1896)

C9: Pretrial Procedures and Criminal Trial

Appeals Only available to defense, prosecuting

again would put the defendant in double jeopardy

Civil suit can be filed against the defendant (Like O.J.)

State and Federal trials can be separate

C9: Pretrial Procedures and Criminal Trial

Why Appeal? 1. Correct an error made during trial 2. Review policy (laws can become

outdated)

C9: Pretrial Procedures and Criminal Trial

Habeas Corpus Latin for “you have the body” A petition that allows a prisoner to

challenge treatment during trial or imprisonment as unconstitutional

C9: Pretrial Procedures and Criminal Trial

Chapter 9 Assignment: Read “Rape Shield Laws” p. 248-250 Answer questions 1-3 in complete

sentences Due Tomorrow