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Pretrial Proceedings

Pretrial Proceedings. Bail, Hearings, Motions. Booking. Police record of arrest Name Address Date of Birth Place of Employment Any previous arrests Fingerprints, photo, nail clippings, handwriting, blood, urine. Initial Appearance. Explanation of Rights Informed of Charges

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Pretrial Proceedings

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  1. Pretrial Proceedings Bail, Hearings, Motions

  2. Booking • Police record of arrest • Name • Address • Date of Birth • Place of Employment • Any previous arrests • Fingerprints, photo, nail clippings, handwriting, blood, urine

  3. Initial Appearance • Explanation of Rights • Informed of Charges • Decision on bail

  4. Release before Trial • Bail: $ to ensure that a defendant will return to court for trial • Personal Recognizance: defendant promises to return and is considered a low flight risk • Offense committed, family and community ties, financial resources, employment, prior record • Nonmonetary conditions: 3rd party responsibility, maintain job, report regularly

  5. Remand without Bail • Violent crimes like murder • Does this violate 8th amendment? • Why do we allow bail before trial? • Pg 159

  6. Preliminary Hearing and Grand Jury • Prelim Hearing: Judge decides whether the prosecutor establishes probable cause that defendant committed a crime • Grand Jury: Prosecution must convince 16-23 people that defendant committed a crime- no judge, no rules of evidence, defendant not present

  7. Pretrial Motions • Discovery of evidence • Request by D to see P’s evidence • Continuance • More time to prepare case • Change of Venue • Move location of trial • Suppress Evidence • Certain evidence excluded from trial

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