1. CRIMINAL JUSTICE PROCESS: PROCEEDINGS BEFORE TRIAL
CHAPTER 13

2. PROCEEDINGS
BOOKING– IS THE FORMAL PROCESS OF MAKING A POLICE RECORD OF THE ARREST
THIS INCLUDES FINGER PRINTING AND PHOTOGRAPHING

6. Lets play celebrity mugshot who’s who!!!
Number your paper from 1-25
See if you guess who the celebrity is in the following mugshots as well as what they were arrested for.
Do not yell out for any reason!! We will go back and talk about each one after we have looked at all of the mugshots.

37. ARRAIGNMENT– A COURT SESSION IN WHICH THE DEFENDANT IS FORMALLY CHARGED AND ENTERS A PLEA
FOR A MISDEMEANOR, THIS THE DEFENDANT’S FIRST APPEARANCE

38. BAIL– THE AMOUNT OF MONEY TO ASSURE THE COURT THAT THE DEFENDANT WILL RETURN FOR TRIAL
ONLY HAVE TO PAY A PERCENTAGE (USUALLY 10 PERCENT)
DEFENDANT DOES NOT HAVE TO RECEIVE BAIL (NATURE OF THE CRIME)
8TH AMENDMENT PROTECTS AGAINST EXCESSIVE BAIL

39. PERSONAL RECOGNIZANCE– PERSONAL BOND (NO BAIL) BAIL REFORM ACT OF 1984
CONGRESS REQUIRED THAT DEFENDANTS RECEIVE STIFFER BAILS
CANNOT RECEIVE BAIL IF ACCUSED OF A FEDERAL FELONY OFFENSE
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!

41. PRELIMINARY HEARING– DETERMINES IF THERE IS ENOUGH EVIDENCE TO HOLD THE DEFENDANT FOR TRIAL
IS USED ONLY IN FELONY CASES

42. GRAND JURY– GROUP OF INDIVIDUALS WHO DETERMINE WHETHER THERE IS ENOUGH EVIDENCE TO SUPPORT THE CLAIM THAT THE DEFENDANT COMMITTED THE CRIME AND THE DEFENDANT SHOULD BE MADE TO STAND TRIAL
INDICTMENT– THIS IS THE FORMAL CHARGE BY THE GRAND JURY

43. AFTER THE INDICTMENT– IF THE DEFENDANT PLEADS GUILTY, THE JUDGE SETS A DATE FOR SENTENCING
IF THE DEFENDANT PLEADS NOT GUILTY, THE JUDGE SETS A DATE FOR THE TRIAL
NOLO CONTENDERE– DEFENDANT DOES NOT ADMIT GUILT BUT DOES NOT CONTEST THE CHARGES AGAINST THEM

44. PRETRIAL MOTIONS– A MOTION IN WHICH ONE SIDE ASKS THE JUDGE TO MAKE A DECISION BEFORE THE TRIAL BEGINS
THIS IS USUALLY DONE WITH EVIDENCE (MOTION TO SUPPRESS EVIDENCE)

45. Motion for discovery of Evidence Motion for a Continuance
Request to examine evidence gathered by prosecutor
Motion for a Continuance
Request to have more time to prepare for trial
Motion for Change of Venue
Request to move the trial to another jurisdiction, usually because an impartial jury can not be found
Motion to Suppress Evidence
Request that certain evidence not be allowed during the trial
Motion to Dismiss
Request to have the case dismissed by the Judge, prior to trial, because of lack of evidence [as seen by the defense]

46. 3. DEFENDANT USUALLY RECEIVES A LIGHTER SENTENCE
PLEA BARGAINING– PROCESS OF NEGOTIATING BETWEEN THE DEFENSE AND THE PROSECUTION AFTER THE DEFENDANT HAS ADMITTED GUILT
3 BENEFITS
1. SAVES TIME
2. SAVES MONEY
3. DEFENDANT USUALLY RECEIVES A LIGHTER SENTENCE
JUDGE DOES NOT HAVE TO ACCEPT THE PLEA BARGAIN