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Understanding the Court Process from First Appearance to Trial in the Criminal Justice System

This chapter provides an overview of the court process in the criminal justice system, detailing the steps from the initial arrest to trial. Key topics include the booking process, setting of bail, pretrial detention, the function of grand juries, plea options, and various pretrial motions. Additionally, it highlights constitutional rights such as the right to a speedy trial and outlines the trial procedure, including opening statements, the presentation of evidence, jury deliberation, and verdicts. It emphasizes the importance of due process and the rules of evidence in ensuring a fair trial.

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Understanding the Court Process from First Appearance to Trial in the Criminal Justice System

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  1. Understanding the Criminal Justice System CJUS 101 Chapter 9: The Court Process From First Appearance through Trial

  2. Process • The court process - business of the court a. Arrest is made - issue citation and release - booking process and then release - book into jail awaiting court appearance (1) Bail is set - ensure court appearance - bail cannot be excessive (8th Amend.)

  3. Process - not to punish (a) Washington state - bail schedule - homicide excluded (2) Judge considers: - seriousness of crime - criminal record - state’s case - chance of fleeing / threatening witnesses

  4. Process b. Release on bail / bond (1) Bail - judge can require cash bail - according to bail schedule - extreme circumstances set by judge - warrant issued for ‘fail to show’ (2) Bond - no cash required - bail bond can be posted

  5. Process - issued by private companies - paper document / no cash exchanged - surety deposit - paid 10% of bail amount - hire bounty hunters for fail to appear (3) Problems generated - discriminates - becomes discretionary - unknown risks - preventive detention

  6. Process - uncollected bonds - collection process c. Pretrial detention - held for trial - insures availability - attorney access - protects community (1) Preventive detention - US Supreme Ct (1951)

  7. Process - not used for punishment - not to protect society (2) Bail Reform Act (1984) - assess danger potential - posed threat - did not violate 5th / 8th Amendments (3) Release on recognizance - community ties / background - proper ID / confirm local address

  8. Process d. Grand jury - protect citizens from unfair accusations (1) Definition: “Consists of twelve or more persons, is impaneled by a superior court and constitutes a part of such court. The functions of a grand jury are to hear, examine, and investigate evidence concern- ing criminal activity and corruption and to take action with respect to such evidence. The grand jury shall work as a whole.”

  9. Process (1) Functions of the grand jury: - investigative body - accusatory body - indictment returned (2) Procedures - no due process - private / secret - no cross examination - no transcripts - “true bill” / “no bill”

  10. Process - indict on hearsay - illegally obtained evidence admissible - Ex Parte - immunity can be used - contempt power can be used e. Pleas - guilty / not guilty - nolo contendere / standing mute - insanity / statutory limitations - Alford / double jeopardy

  11. Process f. Pretrial motions (3.5 hearings) - motion for discovery - change of venue - motion for suppression - bill of particulars - motion for severance - motion for continuance - motions for dismissal - motion for exclusion g. Speedy / public trial (6th Amendment)

  12. Process - federal: 100 days - state: 60 days in custody / 90 days out h. Jury - 1968: US Supreme Ct. required states - 1970: non-capital crimes = jury of six - “motor voter” registration - selected at random - attorneys question: “voir dire” - challenge for cause / peremptory challenge

  13. Trial • The criminal trial a. Opening statements - prosecution: overview of case - defense: why client not guilty b. State’s case-in-chief (prosecutor) - calls witnesses / presents evidence - defense can object to statements / evidence - defense can cross-examine - state rests

  14. Trial c. Defense case-in-chief - calls witnesses / presents evidence - prosecutor can object to statements / evidence - prosecutor can cross-examine - defense rests d. Rebuttal / surrebuttal - attorneys can recall witnesses - clarify / emphasize certain points e. Closing statements (arguments)

  15. Trial - prosecutor reviews case for jury - defense attorney explains why case not made - prosecutor has last remarks (burden of proof) f. Charging the jury - judge explains rules jury must follow - what they can and cannot do in deliberations (1) Jury moves to deliberation room - select one juror to be foreperson - begin deliberations

  16. Trial (2) Verdict - guilt or innocent g. Sentencing - 2 weeks / one month - probation / parole officers conduct background • Rules of evidence a. Real evidence - physical objects

  17. Trial b. Testimonial evidence - sworn statements - to police / in court c. Direct evidence - eyewitness accounts - fingerprints / DNA d. Circumstantial evidence - fact can be reasonable inferred - no direct evidence

  18. Trial e. Hearsay evidence - that which is told to another - “dying declaration” • Evidence must be: a. Competent - legally fit for presentation in court - expert witness b. Material

  19. Trial - it has a legitimate bearing on the case c. Relevant - it is applicable to the issue in question

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