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Ch 13 Criminal Justice Process: Proceedings Before Trial

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1 Ch 13 Criminal Justice Process: Proceedings Before Trial
Booking and Initial Appearance Bail and Pretrial Release Information Preliminary Hearing Grand Jury Felony Arraignment and Pleas Pretrial Motions Plea Bargaining

2 Booking and Initial Appearance
After an arrest, a suspect is taken to the police station 1. Booking: the formal process of making a police record of the arrest. The accused will be asked to provide basic information (name, address, DOB, details of previous arrests, place of employment) Fingerprinting & Photographed Arraignment: Judge explains rights Judge explains charges Defendant enters his/her plea (guilty or not guilty) Defendant gets attorney (gets one or one appointed) Judge may set bail

3 Bail and Pretrial Release
Bail: money or property put up to ensure the defendant will return for trial. This right is given to all but very serious crimes like murder Paid directly to court: either part or all If defendant fails to return for trial, court keeps money 8th Amendment states “excessive bail shall not be required” Release on Personal Recognizance: Defendant considered a low risk and is released with promise to show for trial Other conditions may be set Bail Reform Act of 1984: can deny bail of a person is charged with a federal offense and believed to be dangerous Enforces the “innocent until proven guilty” concept

4 You Be The Judge The following people have been arrested and charged with a variety of crimes. For each case, decide whether the person should be released and, if so, under what conditions. 1–Bail (released after a certain amount of money is paid; set an amount) 2-Personal Recognizance (released with no money) 3-Conditional Release (released under certain condition; set the conditions) 4- Pretrial Detention (no release)

5 Information & Preliminary Hearing
Prosecutor will file the formal criminal charge Based on the evidence that has been collected that suggests the defendant committed the crime in question Used with misdemeanor and some felony cases Preliminary Hearing A screening process used in about half the state Used to determine if there is enough evidence to stand trial Prosecutor required to establish that a crime was committed and that the defendant probably did it Defendant has right to have an attorney present and cross examine witnesses If evidence supports prosecutor’s charge, the defendant proceeds to trial If the judge finds no probable cause, the case is dismissed This does not mean case is over, it means the police/prosecutor must get more evidence before a trial is allowed

6 Essays: Fully answer 2 of the following essay questions
Essays: Fully answer 2 of the following essay questions. ( 6 points each) Explain what the “EXCLUSIONARY RULE” is and how it impacts how the police do their job. What is “BAIL”? What are the requirements for paying bail? What happens if a suspect skips bail? What are your rights when it comes to a fair trial? Why are these rights SO IMPORTANT? Our government can imprison a person convicted of a crime. What is the purpose of our correctional system? (punishment/reform v. revenge)

7 Grand Jury A group of people charged with determining if there is sufficient cause to believe the accused has committed a crime and should stand trial. 5th Amendment guarantees this right for anyone charged with a serious crime Grand Jury INDICTMENT: when the Grand Jury finds there IS enough evidence, they issue an INDICTMENT or formal charge of criminal action Prosecutor presents evidence that a crime was committed and that there is probable cause the accused did it Defendant/Attorney have not right to be there No judge present, rules of evidence to not apply Prosecutor presents only what they feel they need to to convince the Grand Jury a trial is necessary Intended to stand between a wrongly accused person and a trial that might ruin their reputation or from harassment of the government Grand Juries at both the state and federal levels Grand Juries not generally used in Washington State

8 Felony Arraignment and Pleas & Pretrial Motions
After an indictment, the accused is required to appear before the court and enter a plea If GUILTY: sentencing date If NOT GUILTY: date set for trial. Defendant asked if they want a jury trial or bench trial NOLO CONTENDERE: (AKA: No Contest) defendant does not admit guilt but also does not contest the charges. It is like pleading guilty but cannot be used against them. Used when the evidence is overwhelming, but the accused won’t admit guilt. Convicted then has sentencing date set

9 Felony Arraignment and Pleas & Pretrial Motions
A formal request that the court make a ruling on a point of law or take some action * Motion for discovery or evidence: defense request to examine evidence the prosecution has against the defendant * Motion for a continuance: request for more time to prepare that case * Motion for change of venue: request to change location of trial to ensure fair trail * Motion to suppress evidence: request that certain evidence no be allowed to be presented during trial

10 The Exclusionary Rule 4th Amendment protects citizens against “unreasonable search and seizure” by the government Does not say what happens when the government violated this Supreme Court created the “exclusionary rule” Any evidence illegally seized by law enforcement cannot be used to convict the accused at trial Often used by defense attorneys to try to exclude evidence against their client Evidence may be used if police find that evidence independently Evidence may or may not be returned to owner Mapp vs. Ohio 1961 Does not prevent arrest or trial, just use of that evidence May mean accused goes free, even if guilty “Better for 100 guilty men to go free than one innocent man to be found guilty” Other countries do not use this, they punish the police but still use the evidence Judicial Integrity: Idea the police must not be party to lawbreaking Deterrence: Police less likely to violate rights if they know they cannot use evidence Good Faith Exception: Police acted in good faith, but mistakes were made. The evidence may be allowed, depending on the situation

11 Plea Bargaining 90 % of cases never go to trial
Most plead guilty or make a deal (plea bargain) Defendant given concessions to plead guilty Lesser charge Lesser sentence Judge must decide if defendant made agreement freely, with full knowledge of all the facts. Judge can reject the plea Very controversial, some jurisdictions have abolished or limited use of plea bargains Supporters: system would be overwhelmed if not used Opponents: allows criminals to get lighter sentences or that victims rights are overlooked If defendant lives up to his/her agreement, deal stands. If they do not, they go to trial

12 Should plea bargaining be allowed
Should plea bargaining be allowed? Do you think plea bargaining offers greater advantages to the prosecutor or to the defendant? Explain the reasons for your answer. Do you think anyone accused of a crime would plead guilty if he/she were really innocent? Explain Consider the following scenario: Marty, who is 22 years old, is arrested and charged with burglarizing a warehouse. He has a criminal record, including a previous conviction for shoplifting and two arrests for auto theft. The prosecutor has evidence placing him at the scene of the crime but no other physical evidence linking him to the crime. Because of his record, if Marty is convicted, he could face up to 10 years in prison. Marty’s defense attorney tells him that the prosecutor will reduce the charge to petty larceny, carrying a one-year suspended sentence and community service, in exchange for a guilty plea. If you were Marty, would you plead guilty to the lesser charge? Why/Why not? The governor of a large state is charged with corruption by federal prosecutors. The case attracts widespread media attention. This is a first offense for the governor, who had previously been the attorney general of her state. Her defense lawyer meets with the prosecutors seeking a plea agreement. The defense wants either a reduced charge (a misdemeanor), the promise of a sentence that does not require jail time (probation), or both, in exchange for a guilty plea. A a prosecutor, what factors would you consider in making your decision? Explain

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