1. Criminal Procedure Court Systems and Practices

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3. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Key Terms   Bail-jumping – defaulting on one’s own bail   Bail bondsman – one who provides bail as a surety for a criminal defendant’s release   Bail bond – a bond given to a court to guarantee the defendant will appear in court; obtains the defendant’s release from confinement 3

4. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Key Terms (continued)   Excessive bail – bail that is unreasonably high considering the offense and the risk that the defendant will not appear   Surety – the person primarily liable for the payment of another’s debt or the performance of another’s obligation 4

5. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Police and Prosecutor Interactions   Role of the Prosecutor   Supervise the legality of the procedures during the investigation and bring the criminal action to court   Impact police work by returning cases for further investigation and refusing to sign warrants that are lacking probable cause   Check police investigations against due process   Give instructions on certain acts or decisions concerning particular matters 5

6. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Police and Prosecutor Interactions (continued)   Joint Roles   Police and District Attorney (DA) investigators may both be responsible for the investigation   Prosecutors without police cooperation will have problems investigating and presenting evidence in court   Police and prosecutors often have conflicting views over the dispositions of cases   Both parties want justice for the victims   Both parties present evidence at trial 6

7. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Police and Prosecutor Interactions (continued)   Role of the Police   Investigate the crime   Protect the victim   Provide evidence and testimony in court   Depend on prosecutors to advise them on legal issues and hold them accountable in regards to constitutional rights 7

8. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Police and Prosecutor Interactions (continued)   Role of the Police (continued)   Criticize prosecutors when they choose not to prosecute   Lack of shared common goals can lead to police developing practices that are not compatible with prosecutorial purposes, such as relying on evidence that is inadmissible in court 8

9. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Rules of Discovery   Discovery is the formal process by which the defense and prosecution exchange information relevant to a criminal investigation 9

10. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Rules of Discovery (continued)   Provides pertinent information   Aids in adequate preparation for trial   Helps criminal justice system reach reliable outcomes   Evidence can be appropriately scrutinized and give the accused a meaningful opportunity to challenge and test evidence   http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.3 9.htm http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.3 9.htm 10

11. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Rules of Evidence   General Purpose   Restricts the content and manner of presentation   Ensures that the trial runs smoothly   Protects against unfair trials   It is the role of the prosecutor and defense to challenge rule of evidence violations 11

12. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Rules of Evidence (continued)   Rules Regulating Testimony   Purpose is to influence opinion of the judge and jury   Testimony must be logically connected to the issue and deemed admissible   Testimony that is logical to the issue is not always admissible   The witness must testify on firsthand information only (Personal Knowledge Rule) 12

13. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Rules of Evidence (continued)   Rules Regulating Testimony (continued)   Testimony of character by defendant or others (The Mercy Rule)   “Bad character” evidence may not be submitted unless “good character” evidence is presented first   Witness credibility can be challenged by attacking honesty and criminal activity   If no good character evidence is entered, then the defendant’s past convictions cannot be entered   Rape victims are shielded from attacks on their sexual history under the Rape Shield laws 13

14. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Rules of Evidence (continued)   Rules Regulating Testimony (continued)   Hearsay rules prevent testimony that is not firsthand from being admitted   Statements not subjected to cross-examination are not permitted   Expert testimony may include opinions and references to previous witness’ testimony. Expert testimony may be paid 14

15. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Rules of Evidence (continued)   Rules Regulating Testimony (continued)   The “Chain of Custody” rule regulates admissibility and credibility of evidence to ensure evidence is not tampered with or somehow altered prior to the trial 15

16. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Rules of Evidence (continued)   Rules Regarding Scientific Evidence   Include scientific or forensic evidence   Scientific evidence entered by both sides   DNA   Fingerprints   Ballistics   Polygraph results are not considered reliable and are inadmissible 16

17. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Rules of Evidence (continued)   Rules Regarding Scientific Evidence (continued)   Other forms of altered consciousness statements are not accepted 17

18. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Rules of Evidence (continued)   Rules Regarding Scientific Evidence (continued)   The judge determines admissibility by considering   Validity of the evidence   Credibility of the science behind it   How influential the evidence may be 18

19. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Rules of Evidence (continued)   Rules Regarding Confidential Information   Privileged relationships prevent the disclosure of private information. Privileged relationships include   Spouse   Medical doctors and patients   Attorneys and clients   Ministers and church members 19

20. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Rules of Evidence (continued)   Rules Regarding Confidential Information (continued)   Private information cannot be released without consent of the holder   Confidentiality Exceptions   Client telling his or her attorney he or she will commit a future crime   Holder of privileged information elects to also include a third party in the communication 20

21. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Bail Process   Order of Process   Arrest   Booking (jail)   Arraignment 21

22. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Bail Process (continued)   Order of Process (continued)   Arraignment (continued)   The judge determines if the subject is eligible for bail and the cost   The judge takes into account   Seriousness of the crime   Flight risk   Criminal history   Ties to the community   Danger to others 22

23. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Bail Process (continued)   Cash Bail – the accused pays the full amount of bail in cash. The court may accept checks or credit cards 23

24. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Bail Process (continued)   Surety Bond (Bail Bond)   The bail bondsman pledges to pay the full value of the bond if the accused does not appear in court. The bail bondsman charges 10–20% and collects some sort of collateral that usually involves a friend or a relative   If the defendant fails to appear before the court, the bail bondsman is responsible for paying the entire bail amount   A bounty hunter is then contracted to locate the defendant and bring him or her before the court 24

25. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Bail Process (continued)   Release on Citation – the suspect is issued a citation to appear before a court at a later date   Release on Own Personal Recognizance – the suspect is responsible for showing up to court dates and does not pay bail. It is highly unlikely the person will flee and not appear for court 25

26. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Pre-trial Proceedings: Bail Process (continued)   Property Bonds – the defendant provides property as a bond and a lien is placed on the property. If the defendant fails to show for court the property is foreclosed on to recover the bail 26

27. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Resources   Texas Code of Criminal Procedure (CCP, Art. 39.14) http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.3 9.htm http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.3 9.htm   Do an Internet search for the following:   Cold case resulted in heated relationship between police chief, prosecutor   Lawfirms evidence in criminal trials   How bail works   Relationship between the Prosecution Service and the Police 27