1. C9: Pretrial Procedures and Criminal Trial  Who is Susan Polk?  What were the issues with her trial?  What do you think happened to her?

2. C9: Pretrial Procedures and Criminal Trial  Define:  Initial appearance p.221  Bail p.221  Release on Recognizance p.222  Bail Bondsperson p.223  Preventive detention p.223

3. C9: Pretrial Procedures and Criminal Trial  Purpose of Bail  Bail is guaranteed under 8 th Amendment  Not all jurisdictions have the same guidelines for bail  Prohibited in capital crimes  Reasonable compared to the crime, not compared to defendant’s ability to pay

4. C9: Pretrial Procedures and Criminal Trial  Purpose of Bail  Bail also protects community from the defendant

5. C9: Pretrial Procedures and Criminal Trial  Gaining Pretrial Release  Release on recognizance (ROR) was introduced by Manhattan Bail Project in 1960s  Less than 5% fail to show for trial  Not used for felonies

6. C9: Pretrial Procedures and Criminal Trial  Gaining Pretrial Release  Defendants may post bail with property  Property must be double the cost of the bail  Bondsperson can be used, but the defendant must have collateral

7. C9: Pretrial Procedures and Criminal Trial  Preventive Detention  Judges are allowed to act “in the best interests of the community”  Bail Reform Act of 1984: Can set bail high to keep suspects in jail  16% of released are rearrested before trial  Federal offenders can be held without bail  Is this fair under the Constitution?  Page 224: Innocent on Bail?

8. C9: Pretrial Procedures and Criminal Trial  Define:  Discovery p.225  Information p.225  Indictment p.225  Case attrition p.226

9. C9: Pretrial Procedures and Criminal Trial  Book Questions: Copy and Answer on separate paper using pages 220 – 228 1. After an arrest and booking has been made, what is the next step towards determining guilt or innocence? 2. At what stage does a judge or magistrate decide if there is sufficient evidence to proceed to trial? 3. What is the formal investigation, prior to trial, where the defense obtains information from the prosecution?

10. C9: Pretrial Procedures and Criminal Trial  Book Questions: Copy and Answer on separate paper using pages 220 – 228 4. Find the word “perfunctory” on page 225. Write what you think it means. 5. How long does a preliminary hearing usually last? 6. What states REQUIRE Grand Jury indictment to charge an individual with any type of crime? 7. What is an indictment called if it comes from a Preliminary Hearing?

11. C9: Pretrial Procedures and Criminal Trial  Define:  Nolo Contendere p.228  Acquittal p.232  Venire p.234  Voir Dire p.235  Challenge for Cause p.236  Peremptory Challenge p.236

12. C9: Pretrial Procedures and Criminal Trial  Prosecutorial Screening Process  After an initial charge, prosecutors can add more charges  P. 227, fig. 9.4:  How many arrests?  How many prosecuted?  How many incarcerated?

13. C9: Pretrial Procedures and Criminal Trial  Case Attrition  About half of felony cases are dismissed through a nolle prosequi  Why? Resources.

14. C9: Pretrial Procedures and Criminal Trial  How do you decide when to prosecute?  Look at pages 226 – 228 and put the 5 deciding factors for prosecution into your own words

15. C9: Pretrial Procedures and Criminal Trial  Prosecutorial Charging and the Defense Attorney  The pretrial motions are a defense attorney’s tools to help their client.  In your notes, copy the list of motions on page 228 and write an expected effect of each motion.

16. C9: Pretrial Procedures and Criminal Trial  Steps to a Trial Diagram  Using the flow chart on page 222, create your own Steps Leading to a Trial on a white sheet of paper  Summarize or paraphrase the steps in your own words  Create illustrations for 5 of the steps that you think are most interesting / important

17. C9: Pretrial Procedures and Criminal Trial  Define:  Real Evidence p. 237  Direct Evidence p. 237  Circumstantial Evidence p. 237  Relevant Evidence p. 238

18. C9: Pretrial Procedures and Criminal Trial  Define:  Lay Witness p. 237  Expert Witness p. 237

19. C9: Pretrial Procedures and Criminal Trial  Jury Selection  Requirements: 1.U.S. Citizen 2.18 y.o. 3.No felony convictions 4.Sufficiently intelligent 5.Read, write, comprehend English

20. C9: Pretrial Procedures and Criminal Trial  Jury Selection  Jurors come from a master jury list, or jury pool, created with DMV or voter records  Step 1: Venire – Bring potential jurors to the courthouse  Step 2: Voire Dire – Jurors are given written and oral questions to determine bias  Step 3: Challenging potential jurors –  For cause: Don’t speak English, have link to defendant, etc.

21. C9: Pretrial Procedures and Criminal Trial  Jury Selection  Step 3: Challenging potential jurors:  Peremptory: Given a limited number of them  Issues:  Race – Minorities were often excluded from earlier juries  Women – Allowed to serve since the 19 th Amendment, but given a choice until the 1970’s

22. C9: Pretrial Procedures and Criminal Trial  Assignment (Part 1) p. 235:  On a sheet of paper:  Write the name of the trial People v. Carter(2011)  Create a list of 5 potential Yes/No questions that would be on a juror questionnaire for this trial

23. C9: Pretrial Procedures and Criminal Trial  The Trial:  Define:  Hearsay p. 239  Charge p. 242  Hung Jury p. 243  Allen Charge p. 244

24. C9: Pretrial Procedures and Criminal Trial  The Trial:  Plea Bargaining  Removes the risk for the prosecution  Sometimes the best case for the defense  Gives the defendant a level of control over their fate

25. C9: Pretrial Procedures and Criminal Trial  Special Features of Criminal Trials  A Speedy Trial  Guaranteed under Sixth Amendment  Must prove that delays are prejudicial if you want to claim injustice  Federal level: Speedy Trial Act of 1974:  No more than 30 days from arrest to indictment  Ten days from indictment to arraignment  Sixty days from arraignment to trial

26. C9: Pretrial Procedures and Criminal Trial  Special Features of Criminal Trials  An Impartial Jury  Duncan v. Louisiana (1968) guaranteed this for felonies  Most juries have 12 people  Most votes for acquittal must be unanimous

27. C9: Pretrial Procedures and Criminal Trial  Special Features of Criminal Trials  Privilege Against Self-Incrimination  Fifth Amendment says you cannot be compelled to testify against yourself  Jury must not be prejudiced against this  Adamson v. California (1947)

28. C9: Pretrial Procedures and Criminal Trial  Special Features of Criminal Trials  Presumption of Innocence  Innocent until proven guilty  Media can make this difficult  Scott Peterson’s case was moved from Modesto to San Mateo due to fear of bias

29. C9: Pretrial Procedures and Criminal Trial  Special Features of Criminal Trials  Standard of Proof  Guilt beyond a reasonable doubt  Prosecution must prove it  Is it worse to convict an innocent person or let a guilty person go free?

30. C9: Pretrial Procedures and Criminal Trial  The Trial  Opening Statements  Prosecution  Defense  Direct Evidence of Prosecution  Cross Examination of Prosecution  Direct Evidence of Defense  Cross Examination of Defense  Prosecution Rebuttal  Defense Surrebuttal  Closing Statements  Defense  Prosecution

31. C9: Pretrial Procedures and Criminal Trial  The Trial  Evidence  Testimonial Evidence  Lay witness v. expert witness  Direct evidence v. circumstantial  Circumstantial only makes a connection, direct is enough to convict

32. C9: Pretrial Procedures and Criminal Trial  The CSI Effect:  Read page 244  On a sheet of paper to hand in, answer in one or two paragraphs:  What effect has popular culture and TV such as CSI had on the criminal justice process? Are these effects good or bad? Why?

33. C9: Pretrial Procedures and Criminal Trial  The Trial  Prosecution’s case  More difficult task, must present corpus delicti  Must utilize witnesses, but cannot lead  Witness answers must be based on their own knowledge, not hearsay  Sixth amendment allows for cross-examination

34. C9: Pretrial Procedures and Criminal Trial  The Trial  Rebuttal and Surrebuttal  Prosecution can bring forth new witnesses after the defense finishes - rebuttal  Defense can then cross examine the new witness and introduce new witnesses - surrebuttal

35. C9: Pretrial Procedures and Criminal Trial  Final Steps  Jury Deliberation  Given instructions by the judge  In extreme cases, will be sequestered – removed from the public

36. C9: Pretrial Procedures and Criminal Trial  Final Steps  The Verdict  Commonly, guilty or not guilty  Can have varying degrees if instructed  Hung jury can lead to an Allen Charge – Allen v. United States (1896)

37. C9: Pretrial Procedures and Criminal Trial  Appeals  Only available to defense, prosecuting again would put the defendant in double jeopardy  Civil suit can be filed against the defendant (Like O.J.)  State and Federal trials can be separate

38. C9: Pretrial Procedures and Criminal Trial  Why Appeal?  1. Correct an error made during trial  2. Review policy (laws can become outdated)

39. C9: Pretrial Procedures and Criminal Trial  Habeas Corpus  Latin for “you have the body”  A petition that allows a prisoner to challenge treatment during trial or imprisonment as unconstitutional

40. C9: Pretrial Procedures and Criminal Trial  Chapter 9 Assignment:  Read “Rape Shield Laws” p. 248-250  Answer questions 1-3 in complete sentences  Due Tomorrow