Pre-trial proceedings

Slides:



Advertisements
Similar presentations
Criminal Justice Process: Proceedings Before Trial
Advertisements

Ch 13 Criminal Justice Process: Proceedings Before Trial
Goal 5.03 Describe the adversarial nature of the judicial process.
Chapter 13: Chapter 13 Packet #1.
Proceedings Before Trial
The Organization of the Criminal Justice System
What will happen if you get arrested!. Oh man Mr. Mason I just got arrested! What is going to happen to me now?
PRETRIAL. Prosecutorial Review After arrest, prosecutor reviews case to decide what charges to make against arrestee Decide if there is enough evidence.
Steps in Criminal Cases Criminal Court Proceedings.
Pre-Trial Procedure.
Chapter 13: Criminal Justice Process ~ Proceedings Before Trial Objective: The student should be able to identify the required procedures before a trial.
Criminal Justice Process: Proceedings Before Trial
Pre-Trial Procedures. Release before trial  Few people charged with a crime are held in jail until their trial  There must be good reason to keep someone.
Pretrial Proceedings Law and Justice Chapter 13. Booking and Initial Appearance Booking and Initial Appearance Booking and Initial Appearance Booking.
The Criminal Justice System
U.S. Government Chapter 15 Section 3
CLJ M. Teal.  Arraignment  Personal recognizance  Preliminary hearing  Indictment  Nolo Contendere  Judicial integrity  Deterrence.
Chapter 16 Lesson 2 Civil and Criminal Law. Crime and Punishment crime  A crime is any act that harms people or society and that breaks a criminal law.
LAW 1: CRIMINAL LAW PRETRIAL PROCEDURES PRETRIAL PROCEDURES.
Chapter 13 Criminal Justice Process: Proceedings Before Trial.
Do Now pg What are the steps in a civil court case? 2. Name 3 major differences between criminal and civil cases.
The Trial Chapter 9 in Your Text John Massey Criminal Justice.
Chapter 16.2 Criminal Cases.
Chapter 13: Criminal Justice Process- Proceedings before the Trial
From Crime Scene to Courtroom, Examining the Steps of the Criminal Justice System Through the Lens of a Local Crime Who: Benjamin Newman What: Hit & Run.
Chapter 13: Proceedings Before the Trial. Booking and Initial Appearance Booking: Formal process for arrests  Provide personal information and info on.
CRIMINAL JUSTICE PROCESS: PROCEEDINGS BEFORE TRIAL CHAPTER 13 (CONT)
Criminal Justice Process: Proceedings Before Trial.
Which of the five types of crimes are shown in the pie chart? Bell Ringer.
Civil and Criminal Court Cases. Civil Courts Civil courts help people settle disputes. This is the procedure in a civil case: 1.The plaintiff files a.
The Criminal Justice Process
The Judicial Branch Unit 5. Court Systems & Jurisdictions.
The Criminal Justice System
Pre-trial Process Court Systems and Practices. Entry into the Court System A person enters the court system when they are arrested – An arrest occurs.
CHAPTER 13 Criminal Justice Process: Proceedings Before Trial.
This guide simplifies the arrest-to-sentence process in New York County.
The Criminal Justice System. Arrest Procedure The Arrest: To arrest a person the police must have probable cause. (reason to believe that criminal activity.
THE ADULT JUSTICE SYSTEM. ADULT JUSTICE SYSTEM  Characterized as Civil or Criminal  Criminal laws are characterized as felonies or misdemeanors  For.
Criminal Justice Process: Proceedings Before Trial – Chp 13 Booking – Formal process of making a police record of an arrest -Give private info such as:
CHAPTER 13 – CRIMINAL JUSTICE PROCESS: PROCEEDINGS BEFORE TRIAL.
Criminal and Civil Court The Basics. Steps in a Criminal Case 1.Investigation and Arrest:  Either may happen first.  It depends upon the crime.
Criminal Court Proceedings. Investigation Police gather evidence in the crime, in order to get an arrest warrant signed by a judge. Police may arrest.
Article III: The Judicial Branch Chapters: 11,12
Criminal Justice Process: Proceedings Before Trial Chapter 13.
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.
Criminal Justice Process: Proceedings Before Trial Every criminal case goes through several standard proceedings before it reaches court. In some cases,
Criminal Justice Process: The Investigation
The Criminal Justice System
Criminal Law ESSENTIAL QUESTIONS Why does conflict develop? How can governments ensure citizens are treated fairly?
Criminal Procedure You have the right to:
Criminal Legal Process
Criminal Justice Process
Lesson 32: How Do the Fifth, Sixth, and Eighth Amendments Protect Rights Within the Judicial System?
Court Systems and Practices
U.S. Government Chapter 15 Section 3
U.S. Government Chapter 15 Section 3
The Criminal Justice System
Steps of a Crime.
The Criminal Justice Process
Key terms and procedures involved in criminal cases
Procedures for a CRIMINAL case
Unit 2B: The Criminal Justice Process
THE STEPS IN THE CRIMINAL JUSTICE SYSTEM!
Law Chapter 15 and 16.
Examples £500,000 bail for a defendant charged with a minor offence, who has few resources and has strong links with the local area (such as a job and.
Arrest—Police arrest and “book” suspect by photographing and
Vocabulary Activity Indictment Grand Jury
Key terms and procedures involved in criminal cases
CRIMINAL JUSTICE PROCESS: PROCEEDINGS BEFORE TRIAL
Presentation transcript:

Pre-trial proceedings

1) First appearance - bail Pre-trial, defendants usually remain free, in exchange for money or property which they post as security (= bail) A judge decides whether to grant or deny bail. Bail can be refused if D is a flight risk (likely to flee) likely to harm others When a judge sets bail he should take into account D’s financial means. After a suspect has been arrested, if there is enough evidence to continue he will go to court for his first appearance before a judge. As we know, even when someone has been accused of an offense, he is still presumed to be innocent That means that Pre-trial, defendants usually remain free, in exchange for a money or property which they post (=give) as security/ which means as a guarantee that they will appear at trial A judge decides whether to grant or deny bail. Bail can be refused if D is a flight risk (likely to flee, run away) or likely to harm others (eg member of the mafia) The 8th amendment forbids excessive bail > this means that When a judge sets bail he should take into account D’s financial means. For less serious crimes, a defendant can be released on their own recognizance > on their promise to appear at trial. If a defendant does not have enough money to post bail, he can use a bail bondsman > pay the full bail in return for a 10% fee. If the defendant cannot afford even the 10% fee > he will stay in jail What happens to the bail money? If someone appears at trial, the bail is returned to them If someone fails to appear, they forfeit/ lose the bail

Examples £500,000 bail for a defendant charged with a minor offence, who has few resources and has strong links with the local area (such as a job and family)? Denial of bail for a member of the mafia accused of a felony, who has a history of intimidating witnesses and jurors? $6 million for a wealthy foreign politician accused of a very serious offence? $£500,000 bail for a defendant charged with a minor offence, who has few resources and has strong links with the local area (such as a job and family)? > a defendant's bail cannot be set higher than an amount that is reasonably likely to ensure the defendant's presence at the trial. It’s not clear whether the excessive bail clause if incorporated, so this ruling probably only binds federal courts Total refusal of bail for an alleged member of the mafia? ALLOWED (United States v Salerno, 1987) – ail can be denied if the judge there is a high risk, based on evidence that the person will flee or harm others (this case) DSK – in total had 6 million dollars bail – it wasn’t excessive - wealthy (sum that he found, even if it wasn’t easy to find), facing serious charges, judge felt there was a risk that he would escape – French citizen, arrested on plane, France had a history of not extraditing an offender

2) Formal charge The decision to formally charge a defendant can be taken by: a judge at a preliminary hearing a prosecutor (DA or SA), or a grand jury NOT a trial jury! 16-23 citizens who decide whether to indict the suspect based on evidence presented by the prosecutor often seen as “rubber stamping” prosecutor’s decision used in federal courts and half of states – but the grand jury requirement (5th amendment) is not incorporated Before a defendant is formally charged, there must be a decision made on whether there is enough evidence to justify a trial. A trial can be very stressful for a defendant and damage his reputation. A safeguard is required to prevent abusive prosecutions. This means that police alone cannot take the decision to formally charge the D. Depending on the state, the decision can be taken by judge at a preliminary hearing > adversarial hearing where the prosecution and defence present their evidence and arguments a prosecutor (a District Attorney or State Attorney) who will review the prosecution evidence. If he decides to charge the D it is called “issuing an information against D” 16-23 citizens who decide whether to indict the suspect (= issue an indictment) based on evidence presented by the prosecutor The defence has no right to present evidence, or even be present Rules of evidence are different to at trial (inadmissible evidence and hearsay can be presented) In theory they summon witnesses and subpoena documents in order to get a balanced view. In practice tend to accept the prosecutors view. often seen as “rubber stamping” prosecutor’s decision (confirming without any challenge)> one judge famously said that a good prosecutor could get a grand jury to indict a ham sandwich Grand juries are used in federal courts and half of states – but the grand jury requirement (5th amendment) is not incorporated, so many states use a preliminary hearing instead

3) Arraignment Once he has been formally charged, the defendant must enter a plea. He can plead: not guilty guilty no trial sentencing hearing nolo contendere (no contest) Once he has been formally charged, the defendant must enter a plea. He can plead: Not guilty > What happens – there is a trial – prosecution must prove guilt beyond a reasonable doubt Guilty> NO TRIAL, no independent evaluation of the evidence, no need to prove guilty beyond a reasonable doubt. if he pleads guilty that is accepted by the court > there will be a sentencing hearing, where the judge will hand down a sentence There is also a third plea possible: nolo contendere (no contest) Here the defendant is sentenced as if he had pleaded guilty BUT he has not admitted the crime.The conviction cannot be used against him in a civil trial where the victim is seeking damages.

4) Plea bargaining 97% of cases end in a guilty plea Plea bargaining: a deal whereby a defendant pleads guilty in return for: a charge being reduced some charges being dropped / dismissed the prosecution agreeing to request a lower sentence… …or that the sentences for different offences run concurrently rather than consecutively All plea deals must be approved by a judge In class this semester we spend a lot of time on the constitutional protections given to suspects and defendnats. But the fact is that those protections are less and less relevant to the US justice system. Because, today, 97% of cases end in a guilty plea Many of those guilty please result from a plea bargain: which is? a deal whereby a defendant pleads guilty in return for: a charge being reduced some charges being dropped the prosecution agreeing to request a lower sentence … …or that the sentences for different offences run concurrently rather than consecutively whats the difference? DA or SA has power to do all this – decides charges and what sentence to recommend All plea deals must be approved by a judge > evaluate whether the sentence is appropriate Can accept or reject the agreement In some states can accept the plea but change the sentence Due to the centrality of plea bargaining in the uS system, in 2012 the USSC held that the right to effective assistance of counsel (6th amendmentà exists during plea bargaining.