Criminal Justice Process: Before The Trial 8 Steps.

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Presentation transcript:

Criminal Justice Process: Before The Trial 8 Steps

1. Booking and Initial Appearance  Booking =  Arraignment = Misdemeanor Felony

2. Bail and Pretrial Release  Pretrial Detention  R.O.R.  Bail  Conditioned Release  8 th Amendment  Packet Activity (159)

3. Information  What are the exact charges a person will face!! Murder 1 st or 2 nd Death Penalty or Life w/o Parole

4 & 5. Preliminary Hearing/ Grand Jury  Misdemeanors = No Preliminary hearing or Grand Jury, Felonies only!!  Judge decides (Pre Hearing)  16 to 23 people decide (Grand Jury) Is there enough information to send the defendant to trial Depends on the State Indictment

6. Felony Arraignment and Pleas  Guilty  Not Guilty  Noro Contendere  Set a date for trial or sentencing  Trial by Jury or Bench Trial

7. Pretrial Motion: Exclusionary Rule 1. Request evidence from the prosecution 2. Request more time 3. Request change of venue 4. Request to exclude evidence *****Decided by Judge*****

8. Plea Bargaining  Used to attain a guilty plea before trial in exchange for reduced sentence  Plea Bargain activity (165) in packet