Chapter 13: Chapter 13 Packet #1

Booking is the formal process of making a police record of the arrest. #1. Explain what happens during “Booking.” (155-156) Booking is the formal process of making a police record of the arrest. At this time, the accused is asked to provide: Name Address Date of birth Place of employment And details about any previous arrests

#1 Continued: Common Booking Requirements: Fingerprinted Photographed In some cases police are allowed to take fingernail clippings, handwriting specimens, or blood samples for possible DNA analysis. Urine tests have become more common

#2. What happens after “Booking?” (Explain initial appearance.) (156) At this initial appearance the judge: Explains the defendant’s rights; Advises defendant of the exact nature of the charges; The defendant has an attorney appointed or is given the opportunity to obtain one; [and] The judge may set bail.

#3. How is initial appearance different in a misdemeanor case compared to a felony case? (156) In a misdemeanor case: The defendant is asked at the initial appearance to enter a plea of guilty or not guilty. In a Felony case: Defendant DOES NOT enter a plea until a later stage in the criminal process, known as felony arraignment.

#4. What is the MOST important part of initial appearance? (156) THE MOST IMPORTANT PART OF THE INITIAL APPEARANCE IS DECIDING WHETHER THE DEFENDANT WILL BE RELEASED FROM CUSTODY AND, IF SO, UNDER WHAT CONDITIONS.

#5 What is the purpose of bail? (157) The purpose of bail is to assure the court that the defendant will return for trial.

#6. Explain the 8th Amendment to the U.S. Constitution. (157) “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

#7. What do judges consider before releasing someone on personal recognizance? (157) Personal recognizance, or personal bond, the defendant must promise to return and must be considered a low risk of failing to show up for trial.

#7 CONTINUED In determining the likelihood of a defendant’s return the judge considers factors such as: The nature and circumstances of the offence; The accused’s family and community ties; Financial resources; Employment background; And prior criminal record

Placing the defendant in the custody of a third party; #8. What are some other non-monetary conditions used along with personal recognizance? (157) Placing the defendant in the custody of a third party; Requiring the defendant to maintain or get a job;

#8. CONTINUED To reside at a certain address; Or to report his or her whereabouts on a regular basis

#9. What are some arguments against releasing defendants on bail? (157) Many times those who receive bail commit crimes while out on bail.

#9A. How has the Bail Reform Act solved the problem of those who are against releasing defendants on bail? (158) Some people argue that getting out on bail should be more difficult…so Congress passed the Bail Reform Act in 1984: The Bail Reform Act: Prevents someone from being released on bail if he or she is charged with a felony offense and believed to be dangerous

#9A CONTINUED: the person being denied bail must have been charged with a violent crime or a drug offense. In addition, the individual must have been convicted of a felony more than once.

#10. What do supporters of pretrial release state? (158) Pretrial release prevents punishment prior to conviction and gives defendants the freedom to help prepare their cases. High bail or holding a person in jail before the trial goes against the assumption “innocent until proven guilty.”

#11. Define and summarize all aspects of information (page 158). information – details of the nature and circumstances of the charge. The information is a formal criminal charge filed with the court by the prosecutor without the aid of a preliminary hearing or a grand jury.

#11 CONTINUED Information is based on the evidence a prosecutor collects during his or her preliminary investigation that suggests the defendant in custody committed the crime. A defendant charged with a misdemeanor is not entitled to a preliminary hearing or a subsequent grand jury review.

#12. Is information used in felony or misdemeanor cases? (page 158)

#13. Define and summarize all aspects of preliminary hearings (page 160) Preliminary Hearing: is a screening process used in about half of the states. It is used in felony cases to determine whether there is enough evidence to require the defendant to stand trial.

#13. CONTINUED The prosecutor is required to establish before the judge that a crime probably has been committed and that the defendant probably did it.

In a preliminary hearing the defendant has the right to: #13 CONTINUED In a preliminary hearing the defendant has the right to: Be represented by an attorney; To cross-examine prosecution witnesses; [and] To call favorable witnesses.

#14. Define Grand Jury (page 160) Grand Jury: (guardians of the rights of the innocent) is a group of 16 to 23 people charged with determining whether there is sufficient cause to believe that a person has committed a crime and should stand trial.

#15. What does the 5th Amendment to the US Constitution require #15. What does the 5th Amendment to the US Constitution require? (page 160) Fifth Amendment: before anyone can be tried for a serious crime in federal court, there must be a grand jury indictment, or formal charge of criminal action.

#16. What must a prosecutor do to secure an indictment, or formal charge of criminal action? (page 160) To secure an indictment, a prosecutor: Presents evidence to convince members off the grand jury that a crime has been committed and that there is probable cause to believe that the defendant committed it

#17. Grand Jury Rules…complete each of the following statements below: (page 160) Neither the defendant nor his or her attorney has a right to appear before a grand jury A judge is not present and rules of evidence do not apply;

#17 CONTINUED… The prosecutor is not required to present all the evidence or call all the witnesses as long as the grand jury is satisfied that the evidence presented amounts to probable cause; IF a majority of the grand jurors do not believe that sufficient evidence has been presented, no indictment will be issued, and the complaint against the defendant will be dismissed.

#18. Do grand juries happen in both state and federal cases, just federal cases, or just state cases? (page 160) Answer: Both Federal and State

#19. What happens after a defendant pleads guilty (page 161)? Answer: If a defendant pleads guilty, the judge will set a date for sentencing #20. What happens if a defendant pleads not guilty (page 161)? Answer: If the defendant pleads not guilty, the judge will set a date for trial and ask whether the defendant wants a jury trial or trial before a judge alone, called BENCH TRIAL.

#21 What does nolo contendere mean? (page 161) Answer: is a plea in which the defendant does not admit guilt but also does not contest the charges. #21A. Is nolo contendere equivalent to pleading guilty or not guilty? (page 161) Answer: Guilty

#21B. What is the advantage of pleading nolo contendere? (page 161) Answer: The only advantage of this plea to the defendant is that it cannot be used as evidence in a later civil trial for damages based on the same set of facts.

#21c. What happens after a nolo contendere plea (page 161)? ANSWER: After this plea, there is no trial. Instead, the defendant proceeds directly to the sentencing phase.