Criminal Justice Process: Proceedings Before Trial Chapter 13 Street Law Text pp. 155-165

Booking and Initial Appearance Before a criminal case is scheduled for trial, several pretrial actions must take place, that are usually standard in every case Booking and Initial Appearance Booking- Formal process of making a police record of the arrest– In Processing– Name, address, birthday, employment, previous arrests, fingerprinting, mug shots Possibly DNA [from fingernails or hair], urine or blood tests for drugs/alcohol Usually there is an initial hearing before a judicial officer where the defendant is given information on their rights and the charges against them Arraignment- usually in a felony case where the defendant enters a plea [guilty, not guilty, or nolo contendere]

Bail and Pretrial Release Bail- Amount of money posted by a defendant to be released from jail prior to their trial The purpose of bail is to assure the court that the defendant will return for trial Bail is usually set by the crime committed, the likely hood of fleeing, and the safety of society in general. Usually a bond of 10% [of total bail] is required to be released from jail 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! Personal Recognizance-Personal bond, a person must promise to return for court. Usually this person must be of low risk of fleeing, and not a threat to society at all Conditional Release- is when a defendant is released prior to trial with one or more conditions [Drug/Alcohol treatment, House arrest, Work release, etc] Pretrial Detention- No release at all prior to trial

You Be the Judge p. 159

Felony Arraignment and Pleas Information Information- Formal accusation of the defendant, detailing the nature and circumstances of the charge Used when there is enough evidence to show the court the defendant should be tried [in place of indictment, or a preliminary hearing] Preliminary Hearing Preliminary Hearing- Screening process in felony case to determine if there is enough evidence to try a defendant During the hearing the defendant may have an attorney, present evidence, and cross examine witnesses.. If the judge dismisses the case the prosecution may request a grand jury Grand Jury Grand Jury- Group of 16-23 that review evidence to see if there is enough to charge a person with a crime Indictment- Formal charge brought by a grand jury Felony Arraignment and Pleas After an indictment, information, or preliminary hearing the defendant is required to appear in court and enter a plea– Guilty, Not Guilty, or Nolo Contendere- No Contest- The defendant does not admit guilt but does not challenge the charges [treated like a guilty plea, no trial]

Plea Bargaining Only about 10% of all criminal cases go to trial Most people plead Guilty or Nolo Contendere The most common of these are those that sign a traffic citation and send their fine to the court, this is usually a separate class of crime [traffic violations] but can be a misdemeanor Plea Bargaining-Accused agreeing to plead guilty or Nolo Contendere in exchange for a lesser charge Plea Bargaining is obviously very common, it saves tax payers money, and ensures that there is a conviction, even if it is for a lesser charge

Criminal Justice Process: Sentencing & Corrections Chapter 15 Street Law Text pp. 173-186

Sentencing Options Suspended Sentence- Criminal does not have to serve the sentence unless they violate some condition, or commit another crime Probation- Sentence involving supervision by officer of the court, may have other conditions [treatment, check ins, no-internet, etc] Home Confinement- Sentence to be carried out not in jail but in own home [many times electronic monitoring] must check in before they leave home for essential reasons [dr., school, work] Fine- Payment to court for violation of law Restitution- making up for loss or injury of victim [payment] Work Release- Allowed to work, but must return to jail at night or weekends Imprisoned- Incarceration- must serve sentence in jail or prison Death Penalty- Capital Punishment, execution [most states today that have the death penalty use lethal injection] Presentence Report- Prepared by probation, recommends sentence and details personal, work, and community history [may not be accepted by the judge]

Purposes of Punishment What are the four goals of punishment in most Judicial systems? Retribution- Revenge for a crime “eye for an eye” Deterrence- Discourage the offender and others from committing crimes through punishments Rehabilitation- Help convicts change their behavior so they can be a positive contributor to society Incapacitation- Physically separated from society, to protect society and/or the convict

Parole Parole- Release from incarceration prior to completion of sentence with conditions Parole is not a right, and most states have limits on who is eligible for parole. After a minimum amount of a sentence being served a person may be eligible for parole, or if they are a model prisoner then they may become eligible Almost all states have parole boards that the person must appear before and actually be granted parole Some people that are eligible for parole never receive parole, because of various reasons and a no vote by the board