+ All Categories
Home > Documents > Criminal Justice Process: Proceedings Before Trial

Criminal Justice Process: Proceedings Before Trial

Date post: 23-Feb-2016
Category:
Upload: emory
View: 46 times
Download: 1 times
Share this document with a friend
Description:
Criminal Justice Process: Proceedings Before Trial. Chapter 13 Street Law Text pp. 155-165. Booking and Initial Appearance. Before a criminal case is scheduled for trial, several pretrial actions must take place, that are usually standard in every case. - PowerPoint PPT Presentation
12
Criminal Justice Process: Proceedings Before Trial Chapter 13 Street Law Text pp. 155-165
Transcript
Page 1: Criminal Justice Process:  Proceedings Before Trial

Criminal Justice Process:

Proceedings Before Trial

Chapter 13Street Law Text

pp. 155-165

Page 2: Criminal Justice Process:  Proceedings Before Trial

• Before a criminal case is scheduled for trial, several pretrial actions must take place, that are usually standard in every case

Booking and Initial Appearance• Booking- Formal process of making a

police record of the arrest– In Processing– • Name, address, birthday, employment, previous

arrests, fingerprinting, mug shots• Possibly DNA [from fingernails or hair], urine or blood

tests for drugs/alcohol

• Usually there is an initial hearing before a judicial officer where the defendant is given information on their rights and the charges against them

• Arraignment- usually in a felony case where the defendant enters a plea [guilty, not guilty, or nolo contendere]

Page 3: Criminal Justice Process:  Proceedings Before Trial

Bail and Pretrial Release• Bail- Amount of money posted by a defendant to be released

from jail prior to their trial• The purpose of bail is to assure the court that the defendant will return for

trial

• Bail is usually set by the crime committed, the likely hood of fleeing, and the safety of society in general. – Usually a bond of 10% [of total bail] is required to be released from jail

– If the defendant cannot come up with that amount they usually go to a bail bondsman who posts the 10% for a fee or may have to pay the entire amount of bail

– If a defendant skips out on the bail the bondsman will send a bounty hunter after the defendant to offset his losses!

• Personal Recognizance-Personal bond, a person must promise to return for court. Usually this person must be of low risk of fleeing, and not a threat to society at all

• Conditional Release- is when a defendant is released prior to trial with one or more conditions [Drug/Alcohol treatment, House arrest, Work release, etc]

• Pretrial Detention- No release at all prior to trial

Page 4: Criminal Justice Process:  Proceedings Before Trial
Page 5: Criminal Justice Process:  Proceedings Before Trial

You Be the

Judge

p. 159

Page 6: Criminal Justice Process:  Proceedings Before Trial

Information• Information- Formal accusation of the defendant, detailing the nature and

circumstances of the charge• Used when there is enough evidence to show the court the defendant should be tried [in place

of indictment, or a preliminary hearing]

• Grand Jury- Group of 16-23 that review evidence to see if there is enough to charge a person with a crime

• Indictment- Formal charge brought by a grand jury

• After an indictment, information, or preliminary hearing the defendant is required to appear in court and enter a plea– Guilty, Not Guilty, or

• Nolo Contendere- No Contest- The defendant does not admit guilt but does not challenge the charges [treated like a guilty plea, no trial]

• Preliminary Hearing- Screening process in felony case to determine if there is enough evidence to try a defendant

During the hearing the defendant may have an attorney, present evidence, and cross examine witnesses.. If the judge dismisses the case the prosecution may request a grand jury

Preliminary Hearing

Felony Arraignment and Pleas

Grand Jury

Page 7: Criminal Justice Process:  Proceedings Before Trial

Plea Bargaining• Only about 10% of all criminal cases go to trial

• Most people plead Guilty or Nolo Contendere• The most common of these are those that sign a traffic

citation and send their fine to the court, this is usually a separate class of crime [traffic violations] but can be a misdemeanor

• Plea Bargaining-Accused agreeing to plead guilty or Nolo Contendere in exchange for a lesser charge

• Plea Bargaining is obviously very common, it saves tax payers money, and ensures that there is a conviction, even if it is for a lesser charge

Page 8: Criminal Justice Process:  Proceedings Before Trial
Page 9: Criminal Justice Process:  Proceedings Before Trial

Criminal Justice Process:

Sentencing & Corrections

Chapter 15Street Law Text

pp. 173-186

Page 10: Criminal Justice Process:  Proceedings Before Trial

• Suspended Sentence- Criminal does not have to serve the sentence unless they violate some condition, or commit another crime

• Probation- Sentence involving supervision by officer of the court, may have other conditions [treatment, check ins, no-internet, etc]

• Home Confinement- Sentence to be carried out not in jail but in own home [many times electronic monitoring] must check in before they leave home for essential reasons [dr., school, work]

• Fine- Payment to court for violation of law• Restitution- making up for loss or injury of victim [payment]• Work Release- Allowed to work, but must return to jail at night or

weekends• Imprisoned- Incarceration- must serve sentence in jail or prison• Death Penalty- Capital Punishment, execution [most states today that

have the death penalty use lethal injection]• Presentence Report- Prepared by probation, recommends sentence and

details personal, work, and community history [may not be accepted by the judge]

Sentencing Options

Page 11: Criminal Justice Process:  Proceedings Before Trial

Purposes of Punishment• What are the four goals of punishment in most

Judicial systems?– Retribution- Revenge for a crime “eye for an eye”– Deterrence- Discourage the offender and others from

committing crimes through punishments– Rehabilitation- Help convicts change their behavior so

they can be a positive contributor to society– Incapacitation- Physically separated from society, to

protect society and/or the convict

Page 12: Criminal Justice Process:  Proceedings Before Trial

• Parole- Release from incarceration prior to completion of sentence with conditions

• Parole is not a right, and most states have limits on who is eligible for parole.

• After a minimum amount of a sentence being served a person may be eligible for parole, or if they are a model prisoner then they may become eligible

• Almost all states have parole boardsthat the person must appear beforeand actually be granted parole

• Some people that are eligible for parolenever receive parole, because of variousreasons and a no vote by the board

Parole


Recommended