Bell Ringer Criminal Law: Stages of a Criminal Case Criminal prosecution develops in a series of stages. Try to place the following stages in the correct chronological order by placing a 1 next to the event that occurs first, a 2 that occurs second, and so on.
Criminal Law: Stages of a Criminal Case Criminal prosecution develops in a series of stages … 3Arraignment 8Appeal 7Sentencing 2Bail 4Preliminary Hearing or Grand Jury Proceedings 5Pre-Trial Motions 1Arrest 6Trial
Stages of a Criminal Case
CLOZE Activity Proceedings Before the Trial Work with your learning partner to complete CLOZE ACTIVITY Part 1 ONLY
Proceedings Before the Trial
Proceedings Before The Trial Every criminal case goes through several standard proceedings before it reaches court In some cases, these proceedings eliminate the need for a trial
Booking Booking - formal process of making a police record of the arrest Accused person provides basic information for identification purposes fingerprinted and photographed
Booking Room
Initial Appearance Within a short time of arrest and booking, the accused must appear before a judge Judge explains the defendant’s rights and advises him/her of the nature of the charges Defendant has an attorney appointed or is given the chance to obtain one Judge decides if the defendant will be released on bail or remain in jail while awaiting trial
Eighth Amendment to the U.S. Constitution “Excessive bail shall not be required, nor excessive fines imposed …” How much is excessive? Is it fair that a poor person unable to raise any money could be detained in jail before trial or conviction?
Bail Hearing Bail - amount of money that an arrested person puts up in order to be released from jail while waiting for trial The purpose is to make sure the defendant appears at the trial If person fails to return for trial - court keeps the money
EXIT Activity 2 X 2 Write about two things that you either found interesting or learned t oday Think and Write for 2 minutes
What does a judge consider at a bail hearing?
HOMEWORK Bail Hearing: You Be the Judge
CLOZE Activity Proceedings Before the Trial Work with your learning partner to complete CLOZE ACTIVITY Part 2
Pretrial Release Sometimes the court will release a person before trial This is known as a pretrial release The defendant might be released on bail or on personal recognizance (released from legal custody based on the defendant’s promise to appear in court)
There are two ways that a criminal case can be brought to trial 1. Prosecutor’s Information 2. Grand Jury Indictment
Prosecutor’s Information Details the nature and circumstances of the charges brought against a defendant Information is a formal criminal charge filed with the court Based on the information collected during the initial investigation of the case
Preliminary Hearing
A screening process used in felony cases to decide if there is enough evidence (probable cause) to make the defendant stand trial If enough evidence supports the prosecutor's case, the defendant will proceed to trial If the judge finds no probable cause, the case may be dismissed But this does not necessarily mean that the case is over
Role of the Grand Jury
Grand Jury A grand jury is used by many states in place of the prosecutor's information or a preliminary hearing It is a group of 16 to 23 people who determine whether there is enough evidence to show that a person has committed a crime and should go to trial
Grand Jury Only the prosecutor submits evidence to the grand jury Neither the accused nor his or her attorney is allowed to appear A judge is not present and rules of evidence do not apply
Grand Jury Indictment The Fifth Amendment requires that before anyone can be tried for a felony in a federal court, there must be a grand jury indictment Indictment – a formal charge of a crime
Felony Arraignment
Massachusetts Felony Arraignment
Felony Arraignment and Pleas After an indictment or information is issued, the defendant must appear in court to enter a plea Plea - defendant's formal answer in court to the charge(s) that he or she is accused of committing
Arraignment for Double Murder Supect
Should I plead Guilty or Not Guilty? If the defendant pleads guilty, the judge will set a date for sentencing If the defendant pleads not guilty, the judge will set a date for trial and ask whether the defendant would like a trial by jury
Also known as “no contest” Plea in which the defendant does not admit to guilt But does not contest the charges Equivalent to a guilty plea but cannot be used as evidence in a civil trial
What is a plea agreement?
Plea Bargaining The plea bargaining process is often used to obtain guilty pleas before the trial begins MOST criminal cases never go to trial because most defendants plead guilty beforehand
Plea Bargaining: Deal or No Deal?
Should I accept the “deal?”
Plea Bargaining In a plea bargain, the accused often will agree to plead guilty in exchange for a somewhat reduced sentence
Why plea bargain instead of going to trial? To avoid the time and expense of a lengthy trial (state and defendant) To get a conviction even if it is less of a charge (state) To avoid the uncertainty of trial and the risk of a harsher or lenient punishment (defendant) To avoid the publicity a trial could involve (defendant)
Common Pretrial Motions
Pretrial Motions A motion is a formal request that the court make a ruling or take some other action
Pre-Trial Motions Dismiss the Case To Dismiss the Case Based on a lack of evidence or new found evidence
Pretrial Motions Motion made to obtain certain evidence from the prosecution (Discovery of Evidence)
Pretrial Motions a request for more time to prepare the case (Continuance)
Pretrial Motions a request for the trial to be held in a different location (Change of Venue)
Pretrial Motions A motion that certain evidence should be excluded at the trial (exclusionary rule)
20/20 “After Midnight” Man Calls Police Claiming Wife Shot Herself in the Head Police Suspect Man’s Wife Didn’t Commit Suicide, But Was Murdered You Be a Juror:! What would you decide?