CRIMINAL JUSTICE PROCESS: PROCEEDINGS BEFORE TRIAL CHAPTER 13

PROCEEDINGS BOOKING– IS THE FORMAL PROCESS OF MAKING A POLICE RECORD OF THE ARREST THIS INCLUDES FINGER PRINTING AND PHOTOGRAPHING

Lets play celebrity mugshot who’s who!!! Number your paper from 1-25 See if you guess who the celebrity is in the following mugshots as well as what they were arrested for. Do not yell out for any reason!! We will go back and talk about each one after we have looked at all of the mugshots.

ARRAIGNMENT– A COURT SESSION IN WHICH THE DEFENDANT IS FORMALLY CHARGED AND ENTERS A PLEA FOR A MISDEMEANOR, THIS THE DEFENDANT’S FIRST APPEARANCE

BAIL– THE AMOUNT OF MONEY TO ASSURE THE COURT THAT THE DEFENDANT WILL RETURN FOR TRIAL ONLY HAVE TO PAY A PERCENTAGE (USUALLY 10 PERCENT) DEFENDANT DOES NOT HAVE TO RECEIVE BAIL (NATURE OF THE CRIME) 8TH AMENDMENT PROTECTS AGAINST EXCESSIVE BAIL

PERSONAL RECOGNIZANCE– PERSONAL BOND (NO BAIL) BAIL REFORM ACT OF 1984 CONGRESS REQUIRED THAT DEFENDANTS RECEIVE STIFFER BAILS CANNOT RECEIVE BAIL IF ACCUSED OF A FEDERAL FELONY OFFENSE If the defendant cannot come up with that amount they usually go to a bail bondsman who posts the 10% for a fee or may have to pay the entire amount of bail If a defendant skips out on the bail the bondsman will send a bounty hunter after the defendant to offset his losses!

PRELIMINARY HEARING– DETERMINES IF THERE IS ENOUGH EVIDENCE TO HOLD THE DEFENDANT FOR TRIAL IS USED ONLY IN FELONY CASES

GRAND JURY– GROUP OF INDIVIDUALS WHO DETERMINE WHETHER THERE IS ENOUGH EVIDENCE TO SUPPORT THE CLAIM THAT THE DEFENDANT COMMITTED THE CRIME AND THE DEFENDANT SHOULD BE MADE TO STAND TRIAL INDICTMENT– THIS IS THE FORMAL CHARGE BY THE GRAND JURY

AFTER THE INDICTMENT– IF THE DEFENDANT PLEADS GUILTY, THE JUDGE SETS A DATE FOR SENTENCING IF THE DEFENDANT PLEADS NOT GUILTY, THE JUDGE SETS A DATE FOR THE TRIAL NOLO CONTENDERE– DEFENDANT DOES NOT ADMIT GUILT BUT DOES NOT CONTEST THE CHARGES AGAINST THEM

PRETRIAL MOTIONS– A MOTION IN WHICH ONE SIDE ASKS THE JUDGE TO MAKE A DECISION BEFORE THE TRIAL BEGINS THIS IS USUALLY DONE WITH EVIDENCE (MOTION TO SUPPRESS EVIDENCE)

Motion for discovery of Evidence Motion for a Continuance Request to examine evidence gathered by prosecutor Motion for a Continuance Request to have more time to prepare for trial Motion for Change of Venue Request to move the trial to another jurisdiction, usually because an impartial jury can not be found Motion to Suppress Evidence Request that certain evidence not be allowed during the trial Motion to Dismiss Request to have the case dismissed by the Judge, prior to trial, because of lack of evidence [as seen by the defense]

3. DEFENDANT USUALLY RECEIVES A LIGHTER SENTENCE PLEA BARGAINING– PROCESS OF NEGOTIATING BETWEEN THE DEFENSE AND THE PROSECUTION AFTER THE DEFENDANT HAS ADMITTED GUILT 3 BENEFITS 1. SAVES TIME 2. SAVES MONEY 3. DEFENDANT USUALLY RECEIVES A LIGHTER SENTENCE JUDGE DOES NOT HAVE TO ACCEPT THE PLEA BARGAIN