1. Introduction to Criminal Justice
Chapter 9

2. Pretrial Criminal Process
Initial appearance: Immediately after arrest (usually 48 hours)
Magistrate informs defendant of charge, rights, appoints counsel
Bail is set by magistrate
If unable to make bond, usually detained
Misdemeanor cases---Defendant may plead guilty at this stage

3. Bail
Definition: The amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings. If the accused provides bail, by cash or a bail bond, he is released from custody.
8th amendment prohibits “excessive bail”
Must be reasonable
Two purposes of bail---Assure appearance of defendant, and prevent another crime by defendant
Jude could set bail at amount to assure defendant will not be released

4. Types of Bail Release
Release on Recognizance (ROR): Released at no cost; little risk
Initiated in 1960’s with Manhattan Bail Project (Less than 5% failed to appear)
Originally required only a phone and job
Aimed at ending the disparity of release opportunities for rich vs. poor
Felons rarely released on ROR

5. Other Types of Bail Release
Cash bond---Often defendant cannot make this
Property bond---usually requires double the bond amount set
Bond sometimes posted by bail bondsman
(For 10% fee)
Several states have outlawed bail bondsmen (Is it an ethical practice?)

6. Preventative Detention
Definition: Allows judges to deny bail to suspects with prior records or violence, or non-appearance for trial
Federal courts---Bail Reform Act of 1984 allows defendant to be held without bond to assure “safety of any other person and the community.”
Critics say detaining people who have not yet been convicted is unconstitutional

7. Preliminary Hearing---Within a “Reasonable Time”
Judge decides if evidence is sufficient for case to proceed to trial
“Mini-trial” to evaluate the evidence of prosecution
Have to only prove “probable cause,” not definite guilt
Judge rarely dismissed case at this point—
Hearing is often waived

8. The Pretrial Stage
Grand jury: a group of citizens who decide if probable cause exists
50% of states require a grand jury to determine if case should go to trial (Not Iowa)
Secret sessions, controlled by prosecutor
Indictment: Formal charge filed by grand jury declaring there are grounds for a trial

9. Pretrial Stage
Information: Filed by prosecutor as a formal charge---replaces police complaint (not approved by grand jury)
Discovery: Process whereby the prosecutor and defense counsel may review the evidence the other party has

10. Case Attrition Prosecutor prioritizes cases---Screens some out
Do not have resources to prosecute every case; instead considers---
Sufficient evidence for conviction?
Case priorities—May target certain crimes
Uncooperative, unreliable victims (Domestic)
May dismiss or reduce charge for cooperating defendant

11. Pretrial Motions
Usually filed by defense counsel to contest charges filed
Motion to suppress illegally seized evidence
Change of venue
Invalid search warrant employed
Undue delay in bringing case to trial
Motion to gain access to prosecutor’s evidence

12. Arraignment
Defendant is formally charged, and must plead guilty or not guilty
May also plead no lo contendere
Neither an admission or denial of guilt
Consequences are same as for guilty plea
Try to avoid stigma of an actual plea

13. Pleas of Guilty
Plea bargaining usually takes place before the beginning of a trial
Defendant agrees to plead guilty to a certain offense, usually in exchange for a specific sentencing recommendation from prosecutor
Save court resources
Prosecutors gain a certain conviction
Agreement always subject to court approval

14. Pleas of Guilty
Some prosecutors may avoid mandatory minimum sentences with plea bargains
May help prosecutor “save” questionable case
Favorable plea agreements often the best defense counsel can do for clients
Defendants usually receive more lenient sentence than if go to trial
Partially, because most cooperate

15. Criminal Trials Sixth amendment guarantees defendants:
Speedy and public trial
Impartial jury
Informed of the charge against them
Confronted with witnesses
Present own witnesses (compulsory appearance)
Have assistance of counsel

16. Speedy Trial Requirements
6th amendment is not specific as to time
States vary as to time requirements
“Unwarranted delay” is prohibited
Speedy Trial Act in Federal Court---
No more than 30 days between arrest and indictment
No more than 10 days between indictment and arraignment
No more than 60 days between arraignment and trial
Statute of limitations sets requirement for filing a charge

17. Juries
In felony cases, defendant is entitled to a trial before a jury; generally 12 citizens
If defendant prefers, he may have a trial before a judge, or a bench trial
Jury verdicts must usually be unanimous (Iowa included)
A few states allow 1-3 dissenting votes

18. Fifth Amendment Right
Defendant cannot be compelled to be a witness against himself---Right not to testify
Witnesses have same right, unless given immunity
May not hold it against defendant that he chose not to testify

19. Defendant is Presumed Innocent
The prosecutor must prove him guilty
Must be proven “beyond a reasonable doubt”
Reduces the threat of convicting innocent people
Theory---worse to convict an innocent person than to allow a guilty one to go free
Worst case scenario---death penalty

20. Selection of Jury
Goal is to obtain a cross section of community on jury
Must be:
U. S. Citizens
18 year of age
No felony convictions
Able to understand issues of a trial
Able to comprehend English

21. Jury Process Jury pool comes from voters or drivers’ lists
Venire is a list of all those called to duty at one time
Voir Dire: where jurors are questioned by attorneys to determine biases
Trying to find jurors who identify with their respective cause (not impartial)

22. Jury Process Attorneys may challenge a potential juror :
“For cause,” if they appear to be biased or otherwise unfit for service (incompetent)
“Peremptory challenge,” solely on lawyer’s subjective reasoning
5-10 for felony trials
May not use challenges to screen out jurors because of race or gender
Challenges were historically used improperly

23. Trial Process
Opening statements: summary of what lawyer intend to present as their case
Presentation of evidence:
Anything used to prove the existence or non-existence of a fact
Testimony---live statements by witnesses
Real evidence---exhibits, physical items
Direct evidence: Does not rely on inference
Circumstantial evidence: Only established fact by inference

24. Evidence
Must be relevant to be admissible, tending to prove or disprove a fact
Prejudicial evidence: tends to distract the jury from the main issues of the case
Generally includes the prior record of defendant

25. Prosecutors’ Case
Needs to present corpus delicti (body of the offense) to jury, showing facts that crime was committed
Direct examination involves questioning
witnesses favorable to your position
Hearsay is testimony about a statement made by someone else---not usually admissible

26. Cross Examination of Witnesses
Opposing attorney questions witness
May use leading questions, attempts to damage credibility of witness
Followed by redirect examination, and recross examination
Each side has two chances to question each witness
Testimony is anti-climactic

27. Defendant’s Case Presentation
Not required to offer any case whatsoever
Wants to expose weaknesses in the case presented by prosecution
Focus doubt on credibility of witnesses, victims
Often attack victim’s credibility in sexual assault cases (Duke Lacrosse example)

28. Other Strategies of Defense
Alibi defense: Accused was not at the scene of crime, was elsewhere
Affirmative defenses:
Self defense---
Insanity
Duress
Entrapment
Defendant must prove his own case

29. Final Stages of Trial
Rebuttal: Prosecution may bring forward new evidence to refute defendant’s case
Surrebuttal: Defense may then have same opportunity regarding prosecution’s evidence
Closing arguments: Attorneys summarize their cases, and emphasize shortcomings in other side’s presentation

30. Judge’s Charge to Jury
Jury instructions: Judge sets forth rules of law jury must apply in reaching their verdict
Instructions are prepared during a special charging conference with judge & lawyers
Judge explains basic legal principles and what prosecution is required to prove
If cannot agree on a verdict, it is a hung jury
30% of cases resulted in initial unanimous vote

31. Toward a Jury Verdict (Fig. 9.9)
Jury considers the evidence and instructions as a group in private
Submits a verdict based on vote of all jurors– Unanimous in most states
If cannot agree on verdict, it is hung jury
30% of cases resulted in initial unanimous vote

32. Possibilities for Retrial
Federal charge, if offense is both a state and federal violation (Stacy Koon)
Civil case filed by victim for damages
(O. J. Simpson)

33. Generally available to only the defense
Appeals: Process of Seeking a Higher Court’s Review of Lower Court Ruling
Generally available to only the defense
Prosecution cannot generally appeal acquittal, due to double jeopardy prohibition
Cannot try a person twice for same crime (5th amendment)
Used to correct an error made by the trial court

34. Process of Appeal
Can ask higher court to review a policy to determine if change is required
Example– Miranda v. Arizona
Appeals Court considers—
Written briefs– legal arguments and precedents
Oral arguments
Record from lower court
U. S. Courts Of Appeals cases are final, unless appealed to the U. S. Supreme Court

35. Habeas Corpus– “You Have the Body”
Commands corrections officials to bring a prisoner before a Federal Court to hear claim he is being illegally held
Can only address constitutional issues regarding his detention