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Chapter 13

Chapter 13. Criminal Justice Process: Proceedings Before Trial . Booking and Initial Appearance . Booking: the formal process of making a police record of the arrest. Within a limited time after arrest, the accused must appear before a judge.

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Chapter 13

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  1. Chapter 13 Criminal Justice Process: Proceedings Before Trial

  2. Booking and Initial Appearance • Booking: the formal process of making a police record of the arrest. • Within a limited time after arrest, the accused must appear before a judge. • Judge explains chargers and decides whether or not to set bail. • Misdemeanor: enters into a plea at that time • Felony: does not enter a plea until • Arraignment: where the accused enters a plea

  3. Bail and Pretrial Release • Bail: money or property put up by the accused or his or her agent to allow release from jail before trial • Purpose is to assure the court that the defendant will return for trial. • Usually 10% of total bond can be put up • Personal Recognizance: defendant must promise to show up for trial and must be considered a low risk of failing to show up. • Basically, if the judge doesn’t think you’re gonna skip town, he/she will let you go.

  4. Information • Information: prosecuting attorney’s formal accusation of the defendant, detailing the nature and circumstances of the crime.

  5. Preliminary Hearing • Preliminary hearing: used in a felony case to determine if there is enough evidence to require the defendant to go to trial. • Prosecutor must prove that a crime has been committed and that the defendant probably did it.

  6. Grand Jury • Grand jury: a group of 16 to 23 charged with determining whether there is sufficient cause to believe that a person has committed a crime and should be made to stand trial. • Indictment: formal charge of criminal action.

  7. Video

  8. Pretrial Motions: The Exclusionary Rule • Pretrial motion: Action before the trial • Motion for discovery of evidence: Request by the defendant to examine, before trial, certain evidence in the possession of the prosecutor. • Motion for a continuance: Seeks more time to prepare for case • Motion for change of venue: change location to avoid hostility, for convenience, etc. • Motion to suppress evidence: Requesting that certain evidence not be presented in trial. • **Think back to the exclusionary rule**

  9. Plea Bargaining • Most criminal cases never go to trial • Defendant pleads guilty before trial. • Negotiation between the accused, the defense attorney, and the prosecutor. • Known as plea bargaining.

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