Criminal Justice Process: Proceedings Before Trial Chapter 13

Booking The formal process of making a police record of an arrest ▫The accused provides information including:  Name  Address  Date of birth  Place of employment  Details about any previous arrests  Fingerprinting  Photographed  Possible DNA sample

Initial Appearance Appear before a judicial officer ▫Judge or magistrate Explanation of the defendants rights are given Judge/magistrate advises him or her of the exact nature of the charges An attorney is appointed or the opportunity to obtain one is given Bail may be set at this time If a misdemeanor, a plea of guilty or not guilty is entered

Arraignment Felony court session ▫Defendant enters a plea at this time

Bail Money or property put up by the accused to be released from jail before trial ▫The bail is returned if the defendant returns for trial ▫If not, the court keeps the money/property Those accused of violent crimes may not be granted bail (murder, rape…) Personal Recognizance: ▫A release from legal custody based on a promise to show up for trial ▫Must be considered low risk Bail Reform Act ▫Prevents release for someone who is believed to be dangerous

The next step: MisdemeanorFelony Information ▫A prosecuting attorney’s formal accusation of the defendant ▫Detailing the nature and circumstances of the charge ▫Based on evidence collected by the prosecution Preliminary Hearing ▫The prosecuting attorney establishes before a judge that a crime was committed and the defendant probably did it ▫Determine if evidence will require a trial

Grand Jury A prosecutor may submit a case to a grand jury as well for further review of the charges Can be used in place of a preliminary hearing people charged with determining whether there is sufficient cause for a defendant to stand trial Indictment ▫Formal charge of a criminal action made to a grand jury ▫No defendant, jury,nor is all of the evidence presented

Felony Arraignment and Pleas After indictment or information is issued, the defendant is required to appear in court to enter a plea ▫Plea of guilty: the judge will set a date for sentencing ▫Plea of not guilty: the judge will set a date for trial Nolo Contendere ▫Plea in which the defendant does not admit guilt but also does not contest the charges ▫Equivalent to pleading guilty, but evidence cannot be used against them in a civil trial

Pretrial Motion A document by which a party asks the judge to make a decision or take some action before the trial begins Common Pretrial Motions: ▫Motion for discovery of evidence:  Defendant’s request to examine evidence before the trial ▫Motion for a continuance:  Seeks more time to prepare for the case ▫Motion for change of venue:  Change location of the trial because of community hostility or witness convenience ▫Motion to suppress evidence:  Certain evidence not be allowed to be presented at trial

Exclusionary Rule Any evidence seized illegally cannot be used to convict the accused at trial ▫Also applies to illegal questioning Judicial integrity ▫Courts should not be parties to lawbreaking Deterrance ▫Police will be less likely to violate a citizen’s rights if they know illegally seized evidence will be thrown out

Plea Bargaining More than 90% of criminal cases never go to trial Plea Bargaining ▫Negotiations between the prosecutor, defendant, and defendant’s attorney ▫Defendant agrees to plead guilty to a lesser charge in order to avoid trial ▫Reduce the prosecutor’s caseload, save time and money, and still get a guilty verdict