Chapter 13: Criminal Chapter 13: Criminal Justice Process ~ Justice Process ~

Proceedings Before TrialProceedings Before TrialObjective: The student should be Objective: The student should be

able to identify the required able to identify the required procedures before a trial begins. procedures before a trial begins.

They should be able to They should be able to understand the preliminary understand the preliminary proceedings and how they proceedings and how they correlate in criminal justice.correlate in criminal justice.

Booking & Initial AppearanceBooking & Initial Appearance

Booking: the formal process of making Booking: the formal process of making a police record of an arresta police record of an arrest

Arraignment: a court session at which Arraignment: a court session at which a defendant is charged and enters a a defendant is charged and enters a plea. For a misdemeanor this is also plea. For a misdemeanor this is also the defendant’s initial appearance, at the defendant’s initial appearance, at which the judge informs him or her of which the judge informs him or her of the charges and sets the bailthe charges and sets the bail

Bail & Pretrial ReleaseBail & Pretrial ReleaseBail: money or property put up by the Bail: money or property put up by the accused or his or her agent to allow release accused or his or her agent to allow release from jail before trial. Assures that defendant from jail before trial. Assures that defendant returns for trial. If present for trial, property returns for trial. If present for trial, property is returned.is returned.

Personal Recognizance: a release from legal Personal Recognizance: a release from legal custody based on a defendant’s promise to custody based on a defendant’s promise to show up for trial. An alternative to cash bail.show up for trial. An alternative to cash bail.

Bail Reform Act of 1984: Prevents someone Bail Reform Act of 1984: Prevents someone form being freed on bail if he or she is form being freed on bail if he or she is charged with a felony offense & believed to charged with a felony offense & believed to be dangerousbe dangerous

InformationInformation

Defined: a prosecuting attorney’s Defined: a prosecuting attorney’s formal accusation of the defendant, formal accusation of the defendant, detailing the nature & circumstances of detailing the nature & circumstances of the chargethe charge

Based on evidence that the prosecutor Based on evidence that the prosecutor collects during preliminary collects during preliminary investigationinvestigation

Defendants charged with misdemeanor Defendants charged with misdemeanor are not entitled to a preliminary hearing are not entitled to a preliminary hearing

Preliminary HearingPreliminary HearingDefined: pretrial proceeding at which the Defined: pretrial proceeding at which the prosecutor must prove that a crime was prosecutor must prove that a crime was committed and establish the probable guilt of committed and establish the probable guilt of the defendant. If not proven case may be the defendant. If not proven case may be dismisseddismissedIn most states, defendant has the right to be In most states, defendant has the right to be represented by an attorney, to cross-examine represented by an attorney, to cross-examine prosecution witnesses & to call favorable prosecution witnesses & to call favorable witnesses.witnesses.Dismissal of a case at preliminary hearing Dismissal of a case at preliminary hearing doesn’t mean its over. Prosecution may still doesn’t mean its over. Prosecution may still submit to Grand Jurysubmit to Grand Jury

Grand JuryGrand JuryGrand Jury: a group of 16 – 23 people Grand Jury: a group of 16 – 23 people who hear preliminary evidence to who hear preliminary evidence to decide if there is sufficient reason to decide if there is sufficient reason to formally charge a person with a crimeformally charge a person with a crimeIndictment: a Grand Jury’s formal Indictment: a Grand Jury’s formal charge or accusation of criminal actioncharge or accusation of criminal actionAbout 20 states use grand juries About 20 states use grand juries instead of preliminary hearingsinstead of preliminary hearingsGrand Jury makes sure the innocent Grand Jury makes sure the innocent are protected from being unreasonable are protected from being unreasonable harassed by the governmentharassed by the government

Felony Arraignment & PleasFelony Arraignment & PleasAfter indictment a defendant is required to After indictment a defendant is required to appear in court to enter a plea.appear in court to enter a plea.– Guilty: Judge sets date for sentencingGuilty: Judge sets date for sentencing– Not Guilty: Judge sets date for trial (jury or bench Not Guilty: Judge sets date for trial (jury or bench

trial)trial)

Nolo Contendere: Latin phrase meaning “no Nolo Contendere: Latin phrase meaning “no contest”; a defendant’s plea to criminal contest”; a defendant’s plea to criminal charges that does not admit guilt but also charges that does not admit guilt but also does not contest the charges. Equivalent to a does not contest the charges. Equivalent to a guilty plea, but cannot be used as evidence guilty plea, but cannot be used as evidence in a later civil trial for damages based on the in a later civil trial for damages based on the same factssame facts

Pretrial Motions: Exclusionary RulePretrial Motions: Exclusionary RulePretrial Motion: a document by which a Pretrial Motion: a document by which a party asks the judge to make a decision party asks the judge to make a decision to take some action before the trial to take some action before the trial beginsbeginsMotion for discovery of evidence: a Motion for discovery of evidence: a request by the defendant to examine, request by the defendant to examine, before trial, certain evidence before trial, certain evidence possessed by the prosecutionpossessed by the prosecutionMotion for continuance: a request to Motion for continuance: a request to postpone a lawsuit to gain more time to postpone a lawsuit to gain more time to prepare the caseprepare the case

Pretrial Motions: Exclusionary Rule Pretrial Motions: Exclusionary Rule (Continued)(Continued)

Motion for change of venue: a request Motion for change of venue: a request to change the location of a trial to avoid to change the location of a trial to avoid community hostility, for the community hostility, for the convenience of a witness or other convenience of a witness or other reasonsreasonsMotion to suppress evidence: a motion Motion to suppress evidence: a motion filed by a criminal defense attorney, filed by a criminal defense attorney, asking the court to exclude any asking the court to exclude any evidence that was illegally obtained evidence that was illegally obtained from the attorney’s client.from the attorney’s client.

Pretrial Motions: Exclusionary Rule Pretrial Motions: Exclusionary Rule (Continued)(Continued)

Judicial Integrity: as used in Judicial Integrity: as used in discussing search & seizure, this is an discussing search & seizure, this is an argument for the use of the argument for the use of the exclusionary rule, which emphasizes exclusionary rule, which emphasizes that courts should not permit that courts should not permit lawbreaking by policelawbreaking by police

Deterrence: measures taken to Deterrence: measures taken to discourage criminal actions; usually discourage criminal actions; usually some form of punishmentsome form of punishment

Plea BargainingPlea BargainingDefined: In a criminal case, the Defined: In a criminal case, the negotiations between the prosecutor, negotiations between the prosecutor, defendant, & defendant’s attorney. In defendant, & defendant’s attorney. In exchange for the defendant agreeing to exchange for the defendant agreeing to plead guilty, the prosecutor agrees to plead guilty, the prosecutor agrees to charge the defendant with a less charge the defendant with a less serious crime, usually with a less serious crime, usually with a less serious punishmentserious punishment

Allows for the government to avoid the Allows for the government to avoid the time & expense of a public trialtime & expense of a public trial