1. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 1 Pretrial, Trials, Sentencing, and Death Penalty Unit 7

2. Unit 6 Recap Unit 6 graded items: Discussion Board Quiz Seminar CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 2

3. Unit 7 graded items Discussion Board Quiz Seminar CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 3

4. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 4 Several activities take place before a trial can begin: - First appearance - Pretrial release and bail - The grand jury - The preliminary hearing - Arraignment and Plea Pretrial

5. Plea Bargaining Negotiated pleas are guilty pleas and resulted in conviction. Some surveys have found that 90% of all criminal cases prepared for trial are eventually resolved through a negotiated plea. After a guilty plea has been entered, it may be withdrawn with the consent of the court. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 5

6. The Criminal Trial The trial process is highly formalized and governed by rules of evidence and other procedural guidelines, as well as informal rules and professional expectations. The purpose is to determine the defendant’s guilt or innocence. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 6

7. The Criminal Trial Cont. - Factual vs. Legal Guilt -Adversarial System -Stages in a Criminal Trial -Speedy Trial -Jury Selection CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 7

8. Jury Selection -Challenge to the Array -Scientific Jury Selection -Sequestered Jury -Jury Selection and Race CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 8

9. The Criminal Trial Cont. -Opening Statements -Evidence -Witness Testimony -Hearsay Rule -Closing Arguments CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 9

10. The Criminal Trial Cont. -Judges Charge to Jury -Jury Deliberations -Issues with Jury System -Adjudication Process CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 10

11. Sentencing Sentencing—the imposition of a criminal sanction by a judicial authority. Most sentencing decisions are made by a judge, though in some cases, especially death-eligible cases, juries are involved. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 11

12. Sentencing Cont. -Traditional Sentencing Options Imprisonment Fines Probation Death - Sentencing Philosophies CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 12

13. Goals of Sentencing 1) Retribution 2) Incapacitation 3) Deterrence 4) Rehabilitation 5) Restoration CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 13

14. Sentencing Cont. Two models: - Indeterminate and Determinate (fixed) -Federal Sentencing Guidelines -Career Offender -Deal vs. US (1993) CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 14

15. Sentencing Cont. -Legal Environment of Structured Sentencing -Mandatory Sentencing -Three Strikes -Innovations in Sentencing CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 15

16. Victims -Victim Compensation -Victims’ Rights Act -Victim Impact Statements CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 16

17. Death Penalty - Capital punishment means the death penalty. It is the most extreme of all possible sanctions and is reserved only for especially repugnant crimes (known as capital offenses). CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 17

18. Death Penalty Cont. -Offenders on Death Row -Methods of Execution -Habeas Corpus Review -Appeals -DNA -Mental Capacity CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 18