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PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 5-1.

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Presentation on theme: "PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 5-1."— Presentation transcript:

1 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Chapter 5 Pretrial Proceedings This chapter examines the functions of a preliminary hearing, duties of a grand jury, witness immunity, functions of medical examiner, arraignments, and history of the grand jury system.

2 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Preliminary Hearing Magistrate determines if there is adequate cause to require an accused to stand trial for the offense or offenses charged. Magistrate may dismiss charges, reduce charges, or bound defendant over for trial.

3 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Arraignment Accused will be informed of the charges against him or her if not previously accomplished Advised of rights Entry of plea

4 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Guilty Plea Defendant does NOT have a right to have his or her guilty plea accepted by judge. More than a confession. In felony cases must generally be made in open court. Before accepting a guilty plea, judge must comply with requirements set forth in Boykin v. Alabama. Defendant must be advised of the effects of the plea, the rights he or she is waiving, and the judge must find that the plea is knowingly, voluntarily, and providently entered.

5 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Withdrawal of Not Guilty Plea Generally allowed by the courts. Normal defense trial tactic is to enter a plea of not guilty and then attempt to work a plea agreement with prosecutor. If an agreement is reached, then there will be a change of plea hearing and judge will advise defendant as required by Boykin v. Alabama.

6 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Withdrawal of Guilty Plea Generally must show good cause for the withdrawal. Withdrawal allowed at discretion of trial judge. If withdrawal is permitted then the defendant is entitled to a trial.

7 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Nolo Contendere Plea Equivalent to a guilty plea. Defendant does not contest the charges. Plea may not be used as an admission by defendant in a civil suit.

8 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Not Guilty by Reason of Insanity Plea If allowed by the state, the defendant admits that he or she committed the acts charged. Defendant has the burden of going forward with the evidence to rebut presumption of sanity. Some states allow the defendant to enter a dual plea; not guilty and not guilty by reason of insanity.

9 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Double Jeopardy In most states issue must be raised by defendant or is waived. Fifth Amendment guarantee Key issue: has jeopardy attached?

10 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Grand Jury Not a judicial body An investigative body Usually 16 to 23 citizens under direction of a district or superior court judge Selection of grand jurors varies from state to state

11 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Indictment Generally prepared by prosecutor. If grand jury finds a “true bill” then the chair endorses the indictment. Most states require a certain number of jurors to vote for it to find a true bill. Generally not required to be unanimous. Generally double jeopardy does not attach and a similar indictment may be presented to a different grand jury.

12 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Witness Immunity Transactional Cannot be prosecuted for the transaction. Use and derivative Can be prosecuted but testimony or information and evidence derived from testimony may not be used.

13 PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Medical Examiner In some states it is the coroner Not all states require the coroner to be a medical doctor. Determines the cause of death and the circumstances surrounding the death. May hold an inquest Name of deceased Time and date of death Whether death was by natural causes, accidental, suicide, or by the hands of another


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