Chapter 13: Criminal Justice Process- Proceedings before

the Trial

Booking and Initial Appearance

Booking: Formal process for arrests Provide personal information and info on any previous

arrests Fingerprinted and photographed Can take DNA samples and writing samples

Initial Appearance: Judge informs accused of charges and the rights of the accused, sets bail Misdemeanor Appearance: enters plea Felony Appearance: does not enter plea

Bail and Pretrial Release

The purpose of bail is to ensure the defendant will return for court

If the person does not return to court the court keeps your money

Bail Continued…

If the defendant doesn’t have money… Bail bondsman (will post for you for a fee) Personal recognizance (personal promise)

Must prove you are a low risk criminal.

Can require a third party to keep tabs… Work a certain place Live somewhere appointed Or report to supervisor

What happens if the defendants commits crimes while released on bail?

Problem: many defendants commit crimes while out on bail

Preventative Detention: accused may be held

without bail Has to have good reason

that he or she may commit another serious crime before trial.

“You be the Judge” pg 159

Information

Information: details about the nature and circumstances of the charge

Only uses prosecutors investigative evidenceNo Grand Jury needed to hear evidence.Only preliminary investigative evidence!

This is used in a…

Preliminary Hearing

Preliminary Hearing: Used in felony cases to determine if there is enough evidence for the defendant to stand trial ( if there is not enough evidence the defendant can be released)

Both sides can call witnesses and present evidence

Grand Jury

Can be used in serious felony cases instead of a preliminary hearing

16-23 people decide if there is sufficient evidence to INDICT-formally charge – the defendant.

Only the prosecutor (no defendant, no defense attorney)

Felony Arraignment and Pleas

Arraignment: used in felony cases, the defendant enters their plea If pleads guilty, judge sets date for sentencing If pleads not guilty, judge sets date for trial and

defendant decides if they want a jury or bench trial (only a judge, no jury)

If defendant pleads “no contest”, they are not admitting guilt but do not contest the charges, the judge sets date for sentencing.

Pretrial Motions: The Exclusionary Rule

Motion: a request that the court make a ruling or take some action

1. Motion for Discovery of Evidence: request by the defendant to examine certain evidences of the prosecution before the trial

2. Motion for a Continuance: request for more time to prepare the case

3. Motion for Change of Venue: request to change trial location to avoid community hostility

4. Motion to Suppress Evidence: request that certain evidence not be allowed to be presented

http://www.youtube.com/watch?v=DH9ULbrrtn4

What is the exclusionary rule? (Remember from last chapter?)

- Mapp v. Ohio (made the exclusionary rule apply to state courts!)

Controversy with the Exclusionary Rule

Why do you think some people disagree with the exclusionary rule?

Support:Judicial Integrity: the courts should not be

parties to lawbreaking by police Deterrence: police will be less likely to

violate a citizen’s rights if they know that illegally seized evidence will be thrown out in court

Plea Bargaining

Most criminal never go to trial…their cases are settled out of court because the defendant pleads guilty before the trial

Plea Bargaining: the negotiation between the prosecutor, defendant, and defendant’s attorney. In exchange for a guilty plea, the prosecutor agrees to charge the defendant with a lesser crime and usually a lesser punishment

Plea Bargaining

Benefits: Govt can avoid the time and expense of a trial Defendant gets a ligher sentence

Controversies: Allows dangerous criminals off the hook for their crimes The govt should have to prove guilt beyond a reasonable doubt Defendants may plead guilty because of fear of conviction and

esp. poorer defendants that cannot afford a long trial.

http://www.youtube.com/watch?v=PdsSR_WD2Ks

“The Power of Plea Bargaining” – p. 165