Chapter Two – Overview of the Criminal Justice Process Rolando V. del Carmen

Overview of the Criminal Justice Process Defendant Arrested; Complaint Filed Preliminary Hearing Grand Jury Returns Indictment Discovery Proceedings Motions Filed Trial Opening Statements Government’s/ Prosecutor’s Case Presentation of Evidence Defendant’s Case Government’s Rebuttal Case Closing Arguments Jury Instructed Deliberations VERDICT

Overview of the Criminal Justice Process  The Procedure Before Trial –The Filing of a Complaint –The Arrest –Booking at the Police Station –Initial Appearance before a Magistrate after the Arrest –The Setting of Bail –The Preliminary Hearing

Overview of the Criminal Justice Process  The Procedure Before Trial (cont.) –The Preliminary Hearing Determination of Probable Cause Discovery Decision on “binding over”

Overview of the Criminal Justice Process  The Procedure Before Trial (cont.) –The Decision by the Prosecutor to Charge –Grand Jury Indictment versus an Information –The Arraignment –The Plea by the Defendant A Nolo Contendere Plea A Plea of Not Guilty A Plea of Guilty

Overview of the Criminal Justice Process  The Procedure Before Trial (cont.) –Plea Bargains How Plea Bargains Work –Three forms of plea bargains  (1) AN ARRANGEMENT WHEREBY THE DEFENDANT AND PROSECUTOR AGREE THAT THE DEFENDANT SHOULD BE PERMITTED TO PLEAD GUILTY TO A CHARGE LESS SERIOUS THAT IS SUPPORTED BY THE EVIDENCE;  (2) AN AGREEMENT WHEREBY THE DEFENDANT PLEADS "ON THE NOSE," THAT IS, TO THE ORIGINAL CHARGE, IN EXCHANGE FOR SOME KIND OF PROMISE FROM THE PROSECUTOR CONCERNING THE SENTENCE TO BE IMPOSED; AND  (3) AN ARRANGEMENT WHEREBY THE DEFENDANT PLEADS GUILTY "TO ONE CHARGE IN EXCHANGE FOR THE PROSECUTOR'S PROMISE TO DROP OR NOT TO FILE OTHER CHARGES."

Overview of the Criminal Justice Process  The Procedure Before Trial (cont.) –Plea Bargains Legal Issues in Plea Bargains –Should a prosecutor’s promise to a defendant to induce a guilty plea be kept? –Is the defendant entitled to a lawyer during the plea- bargaining process? –How much evidence should the prosecutors disclose in plea bargaining? –What constitutes an involuntary plea? –Should plea bargaining be prohibited by law?

Overview of the Criminal Justice Process  The Procedure During Trial –The Selection of Jurors Challenge for Cause Peremptory Challenge

Overview of the Criminal Justice Process  The Procedure During Trial –Opening Statements by the Prosecution –Opening Statements by the Defense –Presentation of the Case for the Prosecution –Presentation of the Case for the Defense

Overview of the Criminal Justice Process  The Procedure During Trial (cont.) –Rebuttal Evidence –Closing Arguments The Prosecution’s Argument The Defense’s Argument –Defense Motions Prior to the Verdict A Motion for Acquittal A Motion for a Directed Verdict of Acquittal A Motion for a Mistrial

Overview of the Criminal Justice Process  The Procedure During Trial (cont.) –The Judge’s Instructions to the Jury –Jury Deliberation –The Verdict – Guilty or Not Guilty Hung Juries “Not Guilty” “Guilty” Jury Nullification

Overview of the Criminal Justice Process Similarities & Differences Between A Motion for a Mistrial & A Motion for a New Trial Filed by the defense Accused can be tried again Usually alleges violations of the defendant’s rights during the ongoing trial Usually alleges violations of the defendant’s rights before or during the ongoing trial Filed before a verdict of innocence or guilt Filed after a guilty verdict Usually filed during the trialMay be filed months or years after the trial Filed before the defendant starts serving the sentence May be filed while defendant is serving the sentence

Overview of the Criminal Justice Process  The Procedure After Trial –Sentencing –Appeal –Habeas Corpus