1 / 12

The Trial

The Trial. Chapter 9 in Your Text John Massey Criminal Justice. After the arrest has been made. The Initial Appearance Occurs after an arrest has been made -brief, informed of charges -given date for Preliminary hearing Do you release or detain? Bail

ihorton
Télécharger la présentation

The Trial

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Trial Chapter 9 in Your Text John Massey Criminal Justice

  2. After the arrest has been made • The Initial Appearance • Occurs after an arrest has been made • -brief, informed of charges • -given date for Preliminary hearing • Do you release or detain? • Bail • Amount of money paid by defendant to court until defendant’s return • A “promise” to return • Reasonable • Three Factors in Setting Bail • Uncertainty • Risk • Overcrowded Jails • Released on Recognizance • Bail Bondsman • Preventive Detention

  3. Preliminary Hearing & Grand Jury • Preliminary Hearing • Defendant appears before the judge • Is there sufficient evidence to proceed to trial? • Some cases dropped • Grand Jury • Group of citizens • Determine probable cause • Federal Government and Some States • Decides whether or not a case should continue • Indictment (charge that probable cause does in fact exist) • Factors to Consider When Deciding to Further Prosecute • 1) Sufficient evidence? • 2) Case priorities • 3) Uncooperative victims • 4) Unreliability of victims • 5) Is defendant willing to testify against others?

  4. Pretrial Motions & The Arraignment • Defense can request specific actions • 1) suppress evidence gained illegally • 2) change of venue • 3) invalidate a search warrant • 4) obtain evidence that prosecution may be withholding • 5) dismiss because of delay • Arraignment • Formal charge with crime stated in indictment • Suspect enters plea (guilty, not guilty, nolo contendre) • Plea Bargaining • After arraignment, before trial begins • Defense & Prosecution – agreement • Most cases stop here • Cuts down caseloads, saves time, moves process along and efficient • Should be mutually beneficial

  5. Unique Features of a Criminal Trial • Speedy Trial • 6th amendment • Right to Jury Trial • States decide (in misdemeanor cases) • Sometimes bench trials • Right Against Self-Incrimination • 5th Amendment • No person is required to be a witness against him/herself • The Burden of Proof • Beyond a reasonable doubt • Guilt is clear and unquestionable

  6. The Jury • Jury Selection • Citizen of the U.S. • 18 & up in age • No felonies • Pulled from community • DMV lists, Voter Registration, Welfare Lists • Voir Dire • “to tell the truth” • -jurors provide info, attorneys ask questions • Screening process • Preemptory challenges • Each attorney allowed a certain number of challenges • Can exclude jurors from serving w/out any reason/cause • Some states 5 or 6 challenges, some as many as 10 • Virginia has 4

  7. The Trial • Opening Statement • Both attorneys give general facts of the case • Evidence • Used to prove the existence or lack of a fact • Three main types • Direct – witnessed by person giving testimony • Circumstantial – indirect, can create an inference/likelihood • Relevant – proves or disproves fact in question (DNA/forensics) • Witnesses • Two types • Lay Witnesses – turthfully and accurately testify on a fact in question without an special training or knowledge (ordinary witness) • Expert Witnesses – witness with professional training or experience in certain area

  8. Witness Questioning • Two types • Direct Examination and Cross Examination • Direct: • Prosecutor calls witness to stand to testify • Questions that witness • Cross: • Defense will question the prosecution’s witness • Hearsay: • Testimony given about a statement made by someone else • Usually not admissible • Defense is challenged with creating reasonable doubt in order to get their clients found not guilty

  9. Later Stages of the Trial • Defense closes case • Prosecution can bring in new evidence (rebuttal stage) • Defense has same opportunity • Closing Arguments • In most states, defense goes first, then prosecution • Shifting the Power to the Jury • Judge informs jury of charges/crimes and guides them • Jury goes into deliberation, decides outcome • Verdict – issued by jury (usually guilty or not guilty) • If unable to agree on unanimous verdict – hung jury

  10. Appeals • Appeals • Defendant can appeal • Higher court reviews lower court’s decision • Must question Constitutional issue or illegality • Two Reasons for Appeals • Correct error made in trial • Review policy • Double Jeopardy • No individual should be tried twice for same offense • Habeas Corpus • “you have the body” • Judicial order • Writ of Habeas Corpus – only Constitutional Issues

More Related