CHAPTER 13

1. CHAPTER 13 Criminal Justice Process Proceedings Before the Trial

2. Booking and Initial Appearance • Before a criminal case reaches the courtroom, several preliminary proceedings take place. • After being arrested, the suspect is usually taken to be booked—formal process of making a police record of an arrest. • Asked for info and then fingerprinted and photographed.

3. Booking and Initial Appearance • In some states, the police take fingernail clippings, blood samples, handwriting specimens and require urine tests to check for drugs. • Within a reasonable period following the arrest and booking, the suspect must appear before a court official.

4. Booking and Initial Appearance • Now the process differs based on whether it is a misdemeanor or a felony. • Misdemeanor case, when the defendant goes before the court official, he/she is asked to enter a plea of guilty or not guilty. • Defendant is advised of his/her rights as well as having the charges read and explained.

5. Booking and Initial Appearance • In a felony case, the defendant is informed of the charges and advised of his/her rights, but a plea is not entered until later at the felony arraignment—charges read and a plea entered and where bail may be set. • Defendant is informed that he/she is entitled to a preliminary hearing

6. Booking and Initial Appearance • Here it is determined if there is probable cause to believe that a crime was committed and that the defendant committed it. • Here is where it is determined whether or not the defendant will be released from custody and if so, under what conditions.

7. BAIL • If arrested and booked, a person can usually be released by posting bail—money or property put up as a promise to return for trial • Bail has been recognized as a constitutional right is all but the most serious of cases.

8. BAIL • Bail is paid to the court. • Generally, you do not pay the entire amount, just 10%. • If you don’t have the money, you might be able to use a bonding company. • They put up your bail for a fee. • If you don’t show up for the trial, they have to pay the entire bail

9. BAIL • The 8th Amendment requires that bail not be excessive. • But some people can’t make bail because they don’t have the means. • Courts have a program for this. • Here a defendant is released on personal recognizance—released based on your promise to return for trial.

10. BAIL • To get this, the judge looks at the offense, and your family and community ties, financial resources, employment background, and prior criminal record. • Another program is to place the defendant in the custody of a 3rd person, require the defendant to get and keep a job, live at a certain place, or report in on a regular basis.

11. PROBLEMS WITH BAIL • Stats show that a large number of defendants commit crimes while out on bail. • Some believe that it should be more difficult to get bail. • 1984, Congress passed the Bail Reform Act which can prevent someone from receiving bail under certain conditions.

12. BAIL • U.S. Supreme Court has upheld this, but most states have not passed similar legislation. • Supporters of bail argue that in our system, you are innocent until proven guilty and bail gives you freedom to help prepare for your trial.

13. BAIL • PROBLEM 13.1 pp. 149 • PROBLEM 13.2 pp. 150-151

14. PRELIMINARY HEARING • This is a screening device. • It is used in felony cases to determine if there is enough evidence to warrant a trial • The DA or prosecutor has to estab. that a crime has probably been committed and that the defendant is believed to be responsible.

15. PRELIMINARY HEARING • Here this hearing, the defendant has the same rights as in a trial. • If at the conclusion, the judge finds no probable cause to believe that a crime has been committed or that the defendant committed it, the case may be dismissed. • This doesn’t mean that the case is over. The DA or prosecutor may still submit the case to a grand jury.

16. GRAND JURY • A group of 16-23 people charged with determining whether there is sufficient cause to believe that a person has committed a crime and be made to stand trial. • This is covered under the 5th Amend.

17. PRELIMINARY HEARING • It requires that before anyone can be tried for a serious crime in fed court, there must be an grand jury indictment—a grand jury’s formal charge or accusation of criminal action. • To get this indictment, a prosecutor will present evidence to convince the grand jury that a crime has been committed and there is probable cause that the defendant committed it.

18. GRAND JURY • The defendant and his/her attorney cannot appear before the grand jury. • A judge is not present and the rules of evidence do not apply. • The prosecutor is not required to present all the evidence or call all the witnesses as long as the grand jury is satisfied that probable cause does exist.

19. GRAND JURY • If a majority of the grand jury doesn’t believe that sufficient evidence has been presented by the prosecutor, there is no indictment, and the complaint against the defendant will be dismissed.

20. GRAND JURY • The U.S. Const only requires grand jury indictment in the fed courts but many states use the grand jury process. • States can also bring a defendant to trial based on a prosecutor’s information—formal accusation filed by the prosecutor that explains the charges.

21. FELONY ARRAIGNMENT AND PLEAS • After the indictment is issued, the felony arraignment is held. • Here the defendant appears in court and enters a plea. • If enters guilty, the judge sets a date for sentencing. • If enters not guilty, the judge sets a date for trial and asks defendant if want a jury trial or judge trial.

22. FELONY ARRAIGNMENT AND PLEAS • Nolo contendere (means no contest)—this is a plea that doesn’t admit guilt, but also does not contest the charges. • Same as pleading guilty. • Advantage of this is that it can’t be used as evidence in a later civil trial for damages based on the same set of facts.

23. FELONY ARRAIGNMENT AND PLEAS After this plea, there is no trial. Defendant is then sentenced.

24. Pretrial Motions: The Exclusionary Rule • This is a formal request that a court makes a ruling or takes some other action • The defendant may file 1 of several motions. • 1. Motion for discovery of evidence: this is a request by the defendant to examine, before trial, certain evidence in the possession of the prosecutor.

25. Pretrial Motions: • 2. motion for a continuance: seeks more time to prepare the case. • 3. motion for a change of venue: request to change the location of the trial to avoid community hostility, for the convenience of witnesses, or for other reasons. • 4. motion to suppress evidence: asks the court to exclude any evidence that was illegally obtained. Can be suppressed if judge agrees.

26. Pretrial Motions • This last motion comes from the 4th Amend which protects us against unreasonable searches and seizures by the govt. • The Supreme Court interpreted this amendment as requiring an exclusionary rule.

27. Exclusionary Rule • This says that any evidence illegally seized by law enforcement officials can’t be used to convict the accused at trial. • It also applies to evidence obtained from illegal questioning of the accused. • This rule has been used since 1914 in fed courts. Not extended to state courts until 1961 in the case of Mapp v. Ohio.

28. Exclusionary Rule • This rule doesn’t prevent the arrest or trial of a suspect. However, it can be used to set a defendant free because an important piece of evidence was excluded from the trial. • This rule is very controversial. Many claim it is a legal loophole that allows dangerous criminals to go free.

29. Exclusionary Rule • They point out that many other countries have no such rules, instead they punish the police for violating citizen’s rights. • Others say the rule is necessary to protect us and to prevent police misconduct. • They give 2 major arguments:

30. Exclusionary Rule • 1. judicial integrity—the idea that courts should not be parties to lawbreaking by the police. • 2. deterrence—police less likely to violate a citizen’s rights if they know illegally seized evidence will be thrown out of court.

31. Exclusionary Rule • Police are more concerned with arrests more than convictions, sometimes as a practical matter. They are gathering info and evidence to get convictions or to disrupt criminal activity. Even with an effort to follow laws, police still make mistakes.

32. Problem 13.3 pp. 153 • Problem 13.4 pp. 155

33. PLEA BARGAINING • This is the process of negotiation among the accused, the defense attorney, and the prosecutor. • Most criminal cases never go to trial. • Most defendants’ plea bargain. • In minor cases-traffic violation-it is simple • The defendant signs a form waiving the right to appear and pays the fine.

34. Plea Bargaining • Major cases, it is different. • For a plea bargain, it involves granting certain concessions to the defendant in exchange for a plea of guilty. • Typically, the prosecution will allow the defendant to plea guilty to a less serious charge or recommend a lighter sentence on the original charge if they plea guilty.

35. Plea Bargaining • To accept it, a judge must decide if the plea was made freely, voluntarily, and with knowledge of all the facts. • Once a defendant pleads guilty, it is difficult to withdraw the guilty plea. • This allows the govt to avoid the time and expense of a trial. • It can also benefit the defendant.

36. Plea Bargaining • Stats show a defendant often receives a lighter sentence than if the case had resulted in a conviction at trial. • However, it is controversial • Critics say it allows dangerous criminals to get lighter sentences.

37. Plea Bargaining • Others say that for the defendant the govt should be forced to prove guilt beyond a reasonable doubt at trial. • Some say it is unfair to the accused, especially in a weak case. • Others argue the rights of the victims are completely overlooked in a plea bargain.

38. Plea Bargaining • Some places have abolished or limited plea-bargaining. • It is argued that this will overwhelm the criminal justice system. • Others say it will provide greater justice because the govt will drop weak cases and defendants will still plead guilty when a case is strong.

39. Problem 13.5 pp. 156