Criminal Justice Process: Proceedings Before Trial. Chapter 13

Transcription

1 Criminal Justice Process: Proceedings Before Trial Chapter 13

2 I. Booking and Initial Appearance A. Steps after arrest 1. Bookinga. Is the formal process of making a police record of arrest. At this time the accused has to provide name, address, date of birth, employment, and info on previous arrests. b. Fingerprinted and photographed.

3 2. Initial Appearancea. Explains b. c. Misdemeanord. Felony e. Custody- Appear before a judge or magistrate. rights and advises of exact nature of charges. Given opportunity to obtain attorney or have one appointed. Defendant asked to give plea of guilty or not guilty. Defendant is informed of charges and advised of his rights, but does not enter a plea at this point. In some states a defendant may be entitled to a preliminary hearing to see if their probably cause. Most important decision is defendant released, and if so, under what conditions.

4 II. Bail and Pretrial Release A. Bail 1. Purpose- 2. Paid 3. Portion- 4. Bondis to assure the court that the defendant will return for trail. Directly to the court. Sometimes must pay the entire amount or sometimes a portion (like 10%). If the defendant doesn t have the money a bail bond company may put up the money.

5 5. 8 th Amendment- excessive bail shall not be required. Some people think bail is unreasonable all together. 6. Personal Recognizance- Personal bond, the defendant must promise to return and must be considered a low risk of failing to show up for trial. 7. Nonmonetary Conditions- Placing the defendant in the custody of a third party, requiring the defendant to maintain or get a job, to reside a t a certain address, or to report his or he whereabouts on a regular basis.

6 B. Problems with Bail 1. Statistics indicate that a large number of defendants commit crime while out on bail. 2. Bail Reform Act 1984 Prevent a person from receiving bail if charged with a federal felony offences or believed to be dangerous. Must b a hearing. Courts have said it is in constitutional.

7 III. Information A. In the instance of a misdemeanor (in most states) the defendant will proceed to trial based on a prosecutor s information 1. Information- Details the nature and circumstances of the charge. In most states a defendant will proceed to trial for a misdemeanor based on this. 2. Do not need A preliminary hearing or a grand jury.

8 IV. Preliminary Hearing A. Defined: Is a screening device used in felony cases in more than half of the states to determine if there is enough evidence to require the defendant to stand trial. Prosecutor must establish that a crime probably has been committed and that the defendant probably did it. 3. Most states The defendant has the right to be represented by an attorney, to cross-examine prosecution witnesses, and to call favorable witnesses. 4. If the judge finds no probable cause the case may be dismissed. Prosecutor may still submit the case to a grand jury for further review.

9 V. Grand Jury A. Defined: 1. Is a group of 16 to 23 people charged with determining whether there is sufficient cause to believe that a person has committeda crime and should be made to stand trial. Only 20 states use theses instead of a preliminary hearing, some states use both. 2. Indictment- A formal charge of criminal action. The 5 th Amendment requires for any serious crime there must be a formal charge. In MI you sit on a grand jury for 1 year.

10 B. Securing Indictment 1. Present The Prosecutor presents evidence designed to convince members of the grand jury that a crime has been committed. 2. Neither 3. A judge 4. Prosecutor the defendant nor his or her attorney has the right to appear before a grand jury. Is not present and rules of evidence do not apply. Is not required to present all the evidence or call all the witnesses as long as the grand jury is satisfied that the evidence present amounts to at east probably cause.

11 C. Historically 1. The grand jury stands between the accuser and the accused was seen as the guardian of the rights of the innocent. 2. The grand jury system has protected citizens from being unreasonably harassed by the government..

12 VI. Felony Arraignment and Pleas A. After the indictment - Defendant required in court to enter a plea. B. Pleas 1. Guilty- 2. Not Guilty- the judge sets a date for sentencing. 3. Nolo contendere Judge will set a date for trial and ask defendant if he wants a jury trial or a bench trial.. Is a plea in which the defendant does not admit guilt but also dos not contest the charges. It is the equivalent to pleading guilty. Advantage is that it cannot b used as evidence in a latrcivil trial for damages. There is not trial, but defendant proceeds directly to sentencing..

13 VII. Pretrial Motions: The Exclusionary Rule A. Definition 1. Motion: 2. Before trial Is a formal request that a court make a ruling or takes som other action. The defendant may file motions seeking to have the case dismissed or to obtain some advantage or assistance in preparing the case.

14 B. Pretrial Motions 1. Motion for discovery of evidence. A request by the defendant to examine, before trial, certain evidence in the possession of the prosecutor. 2. Motion for continuance. Request seeks more time to prepare the case 3. Motion for change of venue. This is a request to change to location of the trial to avoid community hostility, for the convenience of a witnesses, or for other reasons. 4. Motion to suppress evidence. This is perhaps the most important and controversial pretrial motion. It is a request that certain evidence not be allowed to be presented.

15 C. Exclusionary Rule 1. Background- Is used federal courts since 1914, but not extended to the state until the 1961 court case. 2. Mapp v. Ohio a. over the years b. Does not c. In some cases 3. The controversy a. legal loopholeb. safeguard- courts have modified, but it remains. Prevent the arrest or trial of a suspect. people who committed a crime might go free. That allows dangerous criminal to go free other countries do not have. Other say it is necessary to prevent police misconduct.

16 4. Arguments in support of the rule: a. Judicial integrityb. Deterrence- 5. Practically a. b. Is the idea that courts should not be parties to lawbreaking by the police. Means that police will be less likely to violate a citizen s rights if they know that illegally seized evidence will be thrown out of court. Police sometimes more concerned with arrest than convictions. To size contraband, gather info, disrupt activity. 6. Good Faith exception Reasonable reliance on a search warrant that was latrfound to be invalid.

17 VIII. Plea Bargaining A. Background 1. Most criminal cases never go to trial, most defendants plead guilty before The defendant signs a form waiving the right to appear and mails the court the check for the fine in minor cases In major cases guilty pleas result from a plea bargain.

18 B. Defined 1. Plea bargaining is result from a process of negotiation from the defense attorney and the prosecutor 2. Involves Granting of certain concessions in exchange for a plea of guilty 3. Typically Prosecutor will allow defendant to plea to a lesser charge.

19 C. Accepting a Plea Bargain 1. Judge 2. Hard D. Benefits 1. Government 2. Defendant Must decide the plea was mad voluntarily with knowledge of the facts. to change after it is in place. Allows the government to avoid the time and expense of trial. Often receives a lighter sentence.

20 E. Controversy 1. Critics 2. Others F. Limits Allows dangerous criminals to get off lightly. Believe government should be forced to prove beyond a reasonable doubt the elements of the crime. Some places have limited.