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TRIALS AND TRIAL PROCEDURES.  Trials command public attention  Spectacular crimes  Notorious parties  Sympathetic victims  Visible representative.

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Presentation on theme: "TRIALS AND TRIAL PROCEDURES.  Trials command public attention  Spectacular crimes  Notorious parties  Sympathetic victims  Visible representative."— Presentation transcript:


2  Trials command public attention  Spectacular crimes  Notorious parties  Sympathetic victims  Visible representative of the criminal justice process  Few cases make it to trial

3  Arrest  Police Lockup  Bail Set  Initial Appearance  Preliminary Hearing  Grand Jury  Arraignment  Pretrial Motions

4  Seizure or forcible restraint  Taking or keeping a person by legal authority in response to a criminal charge  Arrest with a warrant  Felony and misdemeanor arrests  Arrest without a warrant  Felony arrests if committed in the officer’s presence, or upon probable cause  Misdemeanor arrests if offense is committed in the officer’s presence, or if allowed by the state for other specific offenses

5  Short-term detention  Processing  Book suspect into jail  Investigations  Custodial interrogations

6  Process of securing release prior to next court appearance  8 th Amendment prohibits excessive bail  Bail set by judge or magistrate  Preventive detention  Presents a significant flight risk  Presents a significant public safety threat  Bail Reform Act of 1984  Issues with preventive detention  Methods of posting bail  Unsecured bond  Cash deposit  Property bonds  Bail bondsman  Percentage deposit

7  Processing of felonies and serious misdemeanors  Judge considers existence of probable cause for arrest  Charges are reviewed  Attorney representation addressed  Takes place 24-48 hours after arrest

8  Felony and misdemeanor cases  Right may be waived by defendant  Defendant informed of charges  Discussion of right to counsel  Discussion of bail reduction  State begins presentation of evidence to show probable cause

9  Guaranteed by 5 th Amendment (federal felonies)  Private aspect  Hearings are closed  Defendant, media, and public cannot attend  Members are sworn to lifelong secrecy  Size variation  Prosecuting attorney advises grand jury  Unanimous decisions are not needed  May issue true bill or no true bill

10  Judge may address counsel and bail  Defendant is informed of charges  Defendant informed of Due Process Rights  Defendant enters a plea  Guilty  Not guilty  Nolo contendere  Guilty but mentally ill  Not guilty by reason of insanity  Alford plea

11  Advantages  Eliminates uncertainty of trial  Lesser sentence  Removes time and stress of trial  Issues  Places prosecutor in a position of power  Defendant is at the mercy of prosecutor and defense attorney  Judge plays a minor role  Factors driving plea bargaining  Caseload  Allows all parties to get something they want

12  Work History  Education  Family  Prior Criminal History  Makes a recommendation of incarceration or probation

13  Dismissal of charges  Severance of Charges  Change of Venue  Suppression of Evidence  Discovery  Continuance  Many others

14  Right to jury trial is guaranteed by the 6 th Amendment  The defendant may waive this right  In a bench trial, the judge determines the outcome  Most felonies are resolved through jury trials

15  Small lists are assembled from the master list  Venire goes through jury selection  Potential jurors are questioned (voir dire)  Biased jurors are eliminated  Unlimited strikes for cause  Limited number of peremptory challenges  Art or science of jury selection  Case may be won or lost in jury selection

16  Prosecuting attorney goes first  Each side gives an overview of their case  Explain the theory of the case

17  Prosecution calls witnesses first  Initial questioning (direct examination) done by the side calling the witness  Opposing side then questions the witness (cross-examination)  Attorneys may continue questioning until both sides have concluded  Types of witnesses  Eyewitnesses (lay witnesses)  Expert Witnesses

18  The court “must decide whether the proposed expert testimony meets the requirements of relevance and reliability.”  Party seeking to admit the evidence “must show that the expert’s underlying reasoning or methodology, and its application to the facts, are scientifically valid.”  Factors for scientific validity (Daubert v. Merrell Dow Pharmaceuticals)  Whether the theory can be or has been tested  Whether the theory has been subjected to peer review or publication, the theory’s known or potential rate of error, and whether there are standards that control its operation  The degree to which the relevant scientific community has accepted the theory

19  Defense gives closing arguments first  Addresses inconsistencies or flaws in the opposition’s case  Judge reads instructions (charge) to the jury  Explanation of the state’s obligation  Guilt beyond a reasonable doubt  Instructions about witness testimony  Special instructions

20  Determination about sequestering the jury  Jury elects a foreperson  Preliminary vote  Address and discuss evidence  Final vote  Judge announces the verdict  Jurors may be polled  Judge sets sentencing date and orders pre-sentence investigation report

21  Theories of sentencing  Retribution  Deterrence  Incapacitation  Rehabilitation  Restorative Justice  Performed by jury in capital cases, judge in other cases  Judge determines concurrent or consecutive sentences  Judge may suspend some sentences

22  Misdemeanors  Appeal to courts of general trial jurisdiction  De novo (new) trial  Felonies  Appeal to courts of intermediate appeals or courts of last resort  Right of appeal limited to court examination of trial record for error  Few cases are appealed  Appeals are based upon errors of law

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