Criminal Justice in America CJ Chapter 10 James J. Drylie, Ph.D.

Transcription

1 Criminal Justice in America CJ 2600 Chapter 10 James J. Drylie, Ph.D.

2 Pretrial Activities & The Criminal Trial This chapter will examine the criminal trial process. Highlights of the chapter will include the stages of Pretrial Activities that occur postarrest.

3 First Appearance This requires that a criminal defendant appear before a magistrate to Assess the legality of the arrest Inform the defendant of the charges Address the need or requirement for bail The magistrate is usually a lower court judge/justice. This is based on jurisdiction

4 Pretrial Release This is the release of an accused person before trial. Not all defendants are released prior to trial. There are four major concerns regarding pretrial release: The seriousness of the charge(s) Prior criminal record of the defendant The defendant s background Ties to the community Family Employment Supervisory options if released

5 Bail Eighth Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Bail is the most common release/detention decision-making mechanism in American courts. Alternatives to bail include Release on recognizance (ROR) Bond Conditional Release imposes certain requirements Drug/alcohol treatment Restraining orders Maintaining employment Electronic monitoring

6 Bail and Public Safety Some states have enacted danger laws that are intended to prevent defendants judged to represent a danger to others. Risk assessments are often conducted by medical/clinical experts. Psychologists Psychiatrists Clinical social workers Medical doctors.

7 New Jersey Statutes - Title 30 Institutions And Agencies - 30: Initiation of court proceeding for involuntary commitment The Attorney General, in exercise of the State's authority as parens patriae, may initiate a court proceeding for the involuntary commitment of any person in accordance with the procedures set forth in this section by filing the required submission with the court in the jurisdiction in which the person whose commitment is sought is located.

8 Grand Jury Originated in England in the 12 th century as a way of identifying law violators. Used in the federal courts and roughly half of the states. Secret proceedings involving Prosecution Private citizens Generally 23 in number The prosecution presents evidence and testimony. The defendant can, but often does not testify. A majority vote to indict results in a true bill resulting in further prosecution.

9 Preliminary Hearing For those states that do not use the grand jury system. Less cumbersome than the grand jury system Arguably more protective of the innocent. Here the prosecutor files a document called an information or complaint. The preliminary hearing then determines probable cause to hold the defendant for trial.

10 Competency to stand trial Insanity is a defense used to challenge the mens rea of the defendant in the commission of the crime. A person may be sane at the time of the crime, but determined to be incompetent to stand trial. The defendant is required to be able to understand the nature of the proceedings and to assist in their defense.

11 Arraignment Formal arraignment occurs after an indictment or an information has been filed. This first appearance is before the court that has the authority to conduct the trial. An arraignment is a brief process with two (2) purposes: Inform the defendant of the charges Allow the defendant to enter a plea

12 Common pleas There are generally three (3) common types of pleas Guilty Not guilty Nolo contendre Similar to the guilty plea, but the defendant does not admit guilt, which is a strategy consideration for any future civil proceedings. If a defendant stands mute and does not verbally answer the charges a plea of not guilty is entered.

13 Plea bargaining This is a process of negotiation between the prosecution and the defense. Involves the entering of a plea to a charge, and the understanding of the sentence. Generally occurs prior to the start of the trial. The Supreme Court has ruled that after a guilty plea is entered it can be withdrawn with permission from the court. Hnederson v. Morgan (1976).

14 Criminal Trial Not every criminal case proceeds to trial. The primary purpose of a criminal trial is the determination of guilt or innocence. Criminal trials in the American courts are adversarial in nature. A two-sided structure that pits the prosecution against the defense. Justice is done when the most effective adversary convinces the judge or jury that their perspective case is the correct one.

15 Stages of the Trail Initiation Jury selection Opening statements Presentation of evidence Closing arguments Judge s charge to the jury Jury deliberations Verdict

16 Trail initiation The Sixth Amendment contains a speedy and public trial provision. In 1974 the US Congress passed the Speedy Trail Act, which allows for the dismissal of federal charges if the prosecution does not seek an indictment within 30 days of arrest. Many states also have speedy trial provisions.

17 Jury selection The Sixth Amendment guarantees the right to an impartial jury. Impartial does not equate to ignorance. A judge must weigh the extent of a prospective jurors knowledge of a case. Jury selection is viewed today as a science. Experts are hired to assist the prosecution and defense in seeking a favorable jury. The voir dire is the process involving questioning potential jurors.

18 Challenging the jury Three types of challenges used in criminal trials Challenges of the array Challenges for cause Peremptory challenges Challenge of the array is usually a defense strategy that asserts the pool is not representative of the community. This challenge takes place prior to the jury selection begins.

19 Challenges for cause will likely occur during the voir dire. Either the defense or prosecution will challenge a juror s impartiality or ability to be fair. The Supreme Court in Witherspoon v. Illinois (1968) considered the problems in allowing jurors with opposing viewpoints to be excused. This case involved the death penalty. What if a juror opposed the death penalty and voted based on personal belief, not the evidence?

20 Peremptory Challenges The ability to remove a person from a jury without disclosing the reason. Available to both the defense and the prosecution. Jurisdictions determine the number As little as 3 in minor cases As high as 20 in major cases

21 Other issues in Jury Selection Scientific selection the use of correlational techniques from the social sciences to gauge the likelihood that a potential juror will vote for conviction or acquittal. Sequestration is the isolation of the jury from the public during the trail and deliberation phase of the trail. Jury tampering and other influences during these phases are reasons for this approach. Media saturation Print Electronic

22 Opening statements Both sides will present information about their case to the jury once they have been selected and sworn in by the judge. The purpose is to advise the jury what will be proved and how it will be proved. No evidence is presented and both attorneys are bound by ethical constraints that prevent them from suggesting one thing and doing another.

23 Evidence This is the crux of the criminal trial. The state presents evidence and witnesses first, the defense can question or cross-examine prosecution witnesses. Types of evidence: Evidence is either Direct believed to prove a fact without the need to draw an inference. Circumstantial indirect, and requires the judge/jury to draw inferences. Real evidence consists of physical material or traces of physical activity and is either direct or circumstantial.

24 Testimony Oral evidence offered by a sworn witness during the trial. The competency of the witness to testify is generally dealt with before the witness takes the stand. Competency involves the following: Personal knowledge of the information that they will testify to; Understand their duty to tell the truth.

25 Perjury The intentional making of a false statement as a part of sworn testimony. Reasons for perjury as varied as the people who commit it.

26 Additional points to consider Child witnesses are a special area of concern. Testimony in open court can be traumatizing The system is adversarial. Some jurisdictions allow for CCTV or prerecorded testimony Hearsay is testimony that is not based on personal knowledge of a witness. The hearsay rule is a long-standing precedent that prevents hearsay

27 Closing arguments An oral summation of the case that was just presented before the judge/jury. The summation is a review and analysis of the evidence. The purpose is to persuade the judge/jury to draw conclusions that are favorable to the state or defendant's case. The order of summation varies based on jurisdiction. Most allow the state to be the final statement. Some allow for a rebuttal.

28 Charging the jury After closing arguments the judge will instruct the jury as to rules and the law. The judge will undoubtedly remind the jury to be objective in their deliberations. Once the jury ash been charged they will retire to the jury room for deliberations.

29 The Verdict This is the decision of the judge/jury. A judge will rule on the facts. Juries may allow for personal and emotional bias to influence their decision. Capital cases, those involving death, require a unanimous vote. Non-capital cases so not. This is a jurisdictional determination.