Understanding the Criminal Justice System CJUS 101 Chapter

Understanding the Criminal Justice System CJUS 101 Chapter 9: The Court Process From First Appearance through Trial

Process 1. The court process - business of the court a. Arrest is made - issue citation and release - booking process and then release - book into jail awaiting court appearance (1) Bail is set - ensure court appearance - bail cannot be excessive (8 th Amend. )

Process - not to punish (a) Washington state - bail schedule - homicide excluded (2) Judge considers: - seriousness of crime - criminal record - state’s case - chance of fleeing / threatening witnesses

Process b. Release on bail / bond (1) Bail - judge can require cash bail - according to bail schedule - extreme circumstances set by judge - warrant issued for ‘fail to show’ (2) Bond - no cash required - bail bond can be posted

Process - issued by private companies - paper document / no cash exchanged - surety deposit - paid 10% of bail amount - hire bounty hunters for fail to appear (3) Problems generated - discriminates - becomes discretionary - unknown risks - preventive detention

Process - uncollected bonds - collection process c. Pretrial detention - held for trial - insures availability - attorney access - protects community (1) Preventive detention - US Supreme Ct (1951)

Process - not used for punishment - not to protect society (2) Bail Reform Act (1984) - assess danger potential - posed threat - did not violate 5 th / 8 th Amendments (3) Release on recognizance - community ties / background - proper ID / confirm local address

Process d. Grand jury - protect citizens from unfair accusations (1) Definition: “Consists of twelve or more persons, is impaneled by a superior court and constitutes a part of such court. The functions of a grand jury are to hear, examine, and investigate evidence concerning criminal activity and corruption and to take action with respect to such evidence. The grand jury shall work as a whole. ”

Process (1) Functions of the grand jury: - investigative body - accusatory body - indictment returned (2) Procedures - no due process - private / secret - no cross examination - no transcripts - “true bill” / “no bill”

Process - indict on hearsay - illegally obtained evidence admissible - Ex Parte - immunity can be used - contempt power can be used e. Pleas - guilty / not guilty - nolo contendere / standing mute - insanity / statutory limitations - Alford / double jeopardy

Process f. Pretrial motions (3. 5 hearings) - motion for discovery - change of venue - motion for suppression - bill of particulars - motion for severance - motion for continuance - motions for dismissal - motion for exclusion g. Speedy / public trial (6 th Amendment)

Process - federal: 100 days - state: 60 days in custody / 90 days out h. Jury - 1968: US Supreme Ct. required states - 1970: non-capital crimes = jury of six - “motor voter” registration - selected at random - attorneys question: “voir dire” - challenge for cause / peremptory challenge

Trial 2. The criminal trial a. Opening statements - prosecution: overview of case - defense: why client not guilty b. State’s case-in-chief (prosecutor) - calls witnesses / presents evidence - defense can object to statements / evidence - defense can cross-examine - state rests

Trial c. Defense case-in-chief - calls witnesses / presents evidence - prosecutor can object to statements / evidence - prosecutor can cross-examine - defense rests d. Rebuttal / surrebuttal - attorneys can recall witnesses - clarify / emphasize certain points e. Closing statements (arguments)

Trial - prosecutor reviews case for jury - defense attorney explains why case not made - prosecutor has last remarks (burden of proof) f. Charging the jury - judge explains rules jury must follow - what they can and cannot do in deliberations (1) Jury moves to deliberation room - select one juror to be foreperson - begin deliberations

Trial (2) Verdict - guilt or innocent g. Sentencing - 2 weeks / one month - probation / parole officers conduct background 3. Rules of evidence a. Real evidence - physical objects

Trial b. Testimonial evidence - sworn statements - to police / in court c. Direct evidence - eyewitness accounts - fingerprints / DNA d. Circumstantial evidence - fact can be reasonable inferred - no direct evidence

Trial e. Hearsay evidence - that which is told to another - “dying declaration” 4. Evidence must be: a. Competent - legally fit for presentation in court - expert witness b. Material

Trial - it has a legitimate bearing on the case c. Relevant - it is applicable to the issue in question