Criminal Justice Process Proceedings Before Trial Chapter 13

Criminal Justice Process: Proceedings Before Trial Chapter 13 Street Law Text pp. 155 -165

• 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]

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

You Be the Judge p. 159

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] Preliminary Hearing • 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

Grand Jury • 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

Felony Arraignment and Pleas • 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]

Pretrial Motions • Pretrial Motion- Formal request prior to a trial that the court must rule on or take some action on – Motion for discovery of Evidence • Request to examine evidence gathered by prosecutor – Motion for a Continuance • Request to have more time to prepare for trial – Motion for Change of Venue • Request to move the trial to another jurisdiction, usually because an impartial jury can not be found – Motion to Suppress Evidence • Request that certain evidence not be allowed during the trial – Motion to Dismiss • Request to have the case dismissed by the Judge, prior to trial, because of lack of evidence [as seen by the defense]

The Exclusionary Rule • The 4 th Amendment protects citizens against “unreasonable searches and seizures”. The Supreme Court has put “teeth” in this by creating and enforcing the: • Exclusionary Rule-Evidence that is illegally seized cannot be used at trial to convict a person • The rule does not stop a person from being arrested or tried but may cause difficulty in proving guilt

• Judicial Integrity-Courts should not be a party to lawbreaking by police or prosecutors • Deterrence-Measures taken to discourage criminal actions usually by punishment of some sort…… • In the case of the Exclusionary Rule it attempts to deter police from violating the 4 th Amendment

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