Criminal Justice Process Proceedings Before Trial Before reaching

Criminal Justice Process: Proceedings Before Trial

Before reaching the courtroom • Preliminary proceedings take place • Some criminal cases ▫ Chargers are dropped ▫ Or defendant pleads guilty ▫ Therefore, NO TRIAL

Booking and Initial Appearance • After Arrest ▫ Police station for booking formal process of police record ▫ Accused provides basic information (i. e, name, address, etc. any prior arrests) ▫ Fingerprinted ▫ Photographed ▫ Some cases: fingernail clippings, handwriting specimens, blood samples, urine tests

Booking and Initial Appearance • Initial appearance – most important part is whether defendant will be released and what conditions ▫ Accused appears before a judge �Judge explains rights and nature of charges �Attorney is appointed or defendant obtains one �Judge may set bail or remain in jail awaiting trial

Booking and Initial Appearance ▫ Misdemeanor case �Defendant asked to plea guilty or not guilty ▫ Felony case �Same as above but does NOT enter a plea until later in the process - (felony arraignment) �Preliminary hearing to determine a probable cause

Bail and Pretrial Release • Constitution right to bail – but not murder • Arrested person can be released on bail ▫ An amount of money to ensure the court that defendant will return for trial ▫ If defendant has no money, bond company puts up bail bond for fee. �If defendant does not show up to court, bond company pays the court………. and……

…. . this guy coming for you!

Bail and Pretrial Release • Eligible for release on personal recognizance - personal bond ▫ Defendant must promise to return / low risk person ▫ Courts may set nonmonetary conditions �Third party custody �Maintain or get a job �Reside at certain place �Report whereabouts on a regular basis.

Bail and Pretrial Release • Bail Reform Act 1984 ▫ Prevents release on bail if charged with federal felony offense and believed to be dangerous

Information • Prosecutor’s information ▫ Details the nature and circumstance of the charge ▫ Formal criminal charge filed with the court �Based on evidence on preliminary investigation

Preliminary Hearing • A screened process used in felony cases in decided a trial. ▫ Prosecutor establishes a crime has been commited and defendant did it ▫ Case may be dismissed if judge finds not probable cause ▫ Prosecutor can still submit case to grand jury for further review.

Grand Jury • Grand jury – group of 16 – 23 people ▫ Determines if there is sufficient cause ▫ Only the prosecutor submits evidence to the gran jury ▫ Accused or attorney is NOT allowed to appear ▫ Judge is NOT present ▫ Rules of evidence do not apply

Felony Arraignment and Pleas • After indictment (formal charge of criminal action) ▫ Defendant must appear in court to enter a plea ▫ Nolo contendere – defendant does not admit guilt but does not contest the charges - directly to sentencing ▫ If guilty – judge sets a date for sentencing ▫ If not guilty – judge sets a date for trial �judge asks defendant if he/he like a trial by jury �Or trial before judge alone – bench trial

Pretrial Motions: The Exclusionary Rule • Pretrial Motion ▫ Motion is a formal request that a court make a ruling or take some other action. ▫ Common motions: �Motion for discovery of evidence – to examine certain evidence a prosecutor has �Motion for continuance – more time to prepare case �Motion for change of venue – change of location �Motion to suppress evidence – request for certain evidence not be allowed

Exclusionary Rule • Any evidence illegally seized or illegally questioned by law enforcement officials cannot be used to convict • 2 major arguments in support 1. Judiciary integrity – the idea that courts should not be parties to lawbreaking by police 2. Deterrence – police will be less likely to violate a citizen’s rights if they know that illegally seized evidence will be thrown out of court.

Plea Bargain • Used to obtain guilty pleas before the trial begins. • Most criminal cases never go to trial

The End

Key terms to know for quiz • • • Bail bond company Bail Reform Act Booking Excessive bail Exclusionary rule Felony Arraignment Good faith exception Grand jury Guilty plea • • • Indictment Information Initial appearance Judicial integrity Motion to suppress evidence Nolo contendere Personal recognizance Plea bargain Preliminary Pretrial motion