UNIT 2B: THE CRIMINAL JUSTICE PROCESS

Steps In a Trial - Felony  1. Crime Occurs  2. Investigation  3. Arrest  4. Booking  5. Initial Appearance  6. Preliminary Hearing  If a judge deems it necessary, at this point, a grand jury will meet to decide whether or not the suspect should stand trial. If the grand jury decides they should, the suspect will be indicted.  7. Bail or Detention  8. Pre-Trial Activities  Plea Bargains, Motions  9. Trial or Guilty Plea  10. Sentencing Probation If violated, the defendant must go to prison Prison After a successful sentence is completed, parole may be assigned. If parole is violated, the defendant will return to prison. Death Penalty Acquittal

Booking  Booking is the formal process of making a record of an arrest. During booking, the accused must provide:  Name  Date of Birth  Address  Employer  Details of Previous Arrests  At the time of the booking, the accused will be finger printed and photographed. They may also have blood drawn and/or a urine sample taken.

Initial Appearance  At an initial appearance, the accused will appear before a magistrate to be informed of their charges and their rights.  The accused will be told what their bail will be, if a bail is allowed for them.  The accused will be appointed an attorney if they do not already have one.  If the crime committed was a misdemeanor, the accused can enter their plea (guilty or not guilty) at the initial appearance.

Preliminary Hearing  If the case is a felony case, it will go to preliminary hearing after the initial appearance.  The prosecutor must establish that the accused probably committed the crime. They may use witnesses and physical evidence.  Many states use preliminary hearings instead of grand juries, and it still satisfies due process.  If the accused is arraigned, they may enter a plea (guilty or not guilty). 50% of the states require that after a preliminary hearing, the case is handed over to a grand jury.

Grand Jury  A grand jury meets to decide if there is sufficient evidence for the accused to stand trial.  They will receive evidence from the prosecution and can question witnesses.  The accused is not present at the grand jury hearing.  If the grand jury thinks the accused should stand trial, they will sign an indictment.

Bail or Detention?  Following a preliminary hearing, the defendant will either be sentenced to detention (jail) or they will be let out on bail.  Bail is a way for the court to insure that the defendant will return for trial. If the person released does not return, the court keeps the money. If a defendant can not afford bail, they can receive help from a bail bond agency.  If a defendant is granted personal recognizance, they will be released until the trial without having to pay any money. Ex:  If the crime is particularly bad or the defendant is a major flight risk or they are not able to pay any amount of bail, they will be put in jail until the trial.

Pre-Trial Activities  Motion for Dismissal  Motion for Severance  Motion to Suppress Evidence  Motion for Discovery  Motion for Change of Venue  Motion for Continuance

Steps in a Trial

Sentencing