Presentation on theme: "1. Legislative Process 2.Field Investigation 3.Police Station Process 4.Complaint Authorization 5.Initial Appearance 6.Preliminary Hearing 7.Arraignment."— Presentation transcript:
1. Legislative Process 2.Field Investigation 3.Police Station Process 4.Complaint Authorization 5.Initial Appearance 6.Preliminary Hearing 7.Arraignment 8.Misc. Pretrial Hearings, Motions and Strategies 9.The Trial 10. Sentencing 11. Post Sentencing/Appellate Phase 12. Corrections 13. Cleansing
Declare certain acts illegal Establish penalties Substantively create the justice system Establish the process/the legal procedures Outline the legal rights Finance the system
Non interventionist strategy (wiretapping, observation, interviews) Interventionist strategy A. Informal (temporarily detain, stop and frisk, street informant) B. Formal (arrest, cite, search and seize, indict, informant/immunity)
Cite and release Street arrest, release and stable To get through all 13 steps, we must assume the worst. Few cases go through all the steps. Most are short-circuited out somewhere along the way.
Booking Interrogation Line up identification Mugging Inventory Station house bail Contact an attorney Police administration decision
County Attorney/District Attorney Probable Cause vs Beyond Reasonable Doubt 2/3 never filed/dismissed
Complaint not filed left Dismissed later left Reduced to Misd left
11 are plea bargained to a felony 4 go to trial: A. 3 result in a conviction B. 1 results in an acquittal
Minor Trial Court. Without unnecessary delay. Habeas Corpus right. Court procedures: 1. Charges are formally levied by the prosecutor with the court. 2. Charges and potential penalties are communicated by the court to the defendant. 3. Rights are communicated and fulfilled. 4. A plea is entered. 5. A decision is made as to the next step. 6. Bail is considered.
Guilty Not Guilty Sentenced Sentencing Trial Date Date Bail?
Guilty Not Guilty Sentenced Sentencing Preliminary Hearing Date No Yes Bail? Trial Date Preliminary Hearing Bail? Date Bail?
Amount of bail varies with the severity of the offense and the characteristics of the accused. Defendant retains a criminal liability; just a release pending future court processing. Different pre-trial release/bail options a. Bond yourself out b. Bail Bond agent c. 10 percent system d. ROR/PTR bond
Stack v. Boyle (fail to appear test) - Bail may be denied if there is probable cause to believe that defendants will fail to appear at future judicial proceedings. U.S. v. Salerno (dangerousness test) - Bail may be denied if there is clear and convincing evidence that defendant are dangerous and pose a threat to the community at large and the court participants in particular. Taylor v. Taintor - Bail bond agents may use physical force to capture their bondees who have skipped bail, as long as the force used is reasonably related to the custody and/or transportation of the bondees.
Mini-trial Minor Trial Court No jurors State presents evidence/defense cannot 1. Shred 2. Shotgun Probable cause the standard Judge issues a bind over/case is bound over for trial
Case is bound over for trial Judge dismissed the case for lack of evidence: 1. Individuals are free (subject to the statute of limitations) 2. Prosecutor may file new charges 3. Prosecutor may re-authorize the same complaint 4. Prosecutor may file a writ of information 5. Prosecutor may turn evidence over to a grant jury
12 to 23 citizens Meet in secret Prosecution or Grand Jury appointed prosecutor presents evidence Witnesses testify Probable cause True bill or an indictment
Major Trial Court. Court Procedures: 1. Charges are formally levied by the prosecutor with the court. 2. Charges and potential penalties are communicated by the court to the defendant. 3. Rights are communicated and fulfilled. 4. A plea is entered. 5. A decision is made as to the next step. 6. Bail is considered.
Wrestling match/Chess match analogy Possible hearings: 1. Continuance 2. Change of Venue 3. Discovery Hearing 4. Evidentiary Hearings (involk the Exclusionary Rule) 5. Amicus Curiae
Brady v. U.S. - Plea bargaining is legal as long as: 1. An attorney is present to protect the defendant's rights. 2. The plea is voluntarily made. 3. The defendant has a full knowledge of the consequences.
A.Judge or Jury? 1. Duncan v. Louisiana: defendants have the right to trial by jury if the potential sentence is more than six months of incarceration 2 – Singer v. U.S.: defendants have no Constitutional right to waive a jury trial B.Jury selection process: 1. Dismissals for cause 2. Pre-emptory challenges 3. Scientific jury selection
Ideal Prosecutor Jury – white, male, Republican, upper income, Protestant, 50 years of age or over, Pro-life Ideal Defense Jury – persons of color, female, Democrat, lower income, Jews or Catholics, under age 30, teachers, union members
C.Opening Statements: 1. State 2. Defense D.The State’s Case: 1. Direct Exam 2. Cross Exam 3. Objections (sustained/over-ruled) 4. Badgering witnesses 5. The State rests
E.The Case for the Defense: 1. Direct Exam 2. Cross Exam 3. Objections (sustained/over-ruled) 4. Badgering witnesses 5. The Defense rests
F.The Rebuttal: 1. Direct Exam 2. Cross Exam 3. Objections (sustained/over-ruled) 4. Badgering witnesses 5. The State closes
G.Closing Statements: 1. State 2. Defense 3. State Principle of Primacy and Recency
H.Instructions to the jury I.The jury deliberates: 1. sequestered 2. gag order 3. deadlocked jury J.The verdict: 1. guilty as charged 2. guilty of a lesser charge 3. not guilty 4. hung jury
1.Competence of jurors: A. General intelligence concerns B. Amateurs in the legal process 2.Structural problems (no note taking, cannot ask questions) 3.Juries depart from the law (nullification and vigilanteeism) 4.Jury independence (no checks and balances)
K. Decision step: 1. Judge polls the jury 2. Judgment of acquittal option 3. Pre-sentence/sentencing hearing date set 4. PSI ordered 5. Post Conviction bond considered