Criminal Justice Process: Proceedings Before Trial – Chp 13 Booking – Formal process of making a police record of an arrest -Give private info such as: Name Address Date of birth Place of employment Details about previous arrests -Finger printed -Photographed -Urine sample has become common for use in drug testing -Depending on the circumstances police will take fingernail clippings, handwriting samples, and/or blood samples

Criminal Justice Process: Proceedings Before Trial – Chp 13 Initial Appearance -Judge explains defendant’s rights -Advises of the exact nature of the charges -Attorney is either appointed or given opportunity to obtain one -May set bail -Misdemeanor asked for a plea of not guilty or guilty -Felony no plea until arraignment

Criminal Justice Process: Proceedings Before Trial – Chp 13 Bail & Pretrial Release -Purpose of bail is to assure the court the defendant will return for trial -Paid directly to the court -Usually 10% payment is required -If the person fails to appear, the court keeps the money -For a fee a person can use a bond company to help with the payment Person recognizance/personal bond -Defendant promises to return and is considered a low risk of failing to appear -Considerations include: nature and circumstances of the offense accused family/community ties financial resources employment background prior criminal record

Criminal Justice Process: Proceedings Before Trial – Chp 13 Bail Reform Act, Prevents being freed on bail if an accused is charged with a federal felony offense and believed to be dangerous -Must have a hearing on the issue -Charge must be violent crime or drug offense -Must have been convicted of a felony more than once -Most states have not adopted similar legislation Pretrial Release Support -Does not punish defendant before conviction -Gives time to prepare defense -Accused innocent until proved guilty, non-pretrial release goes against this presumption

Criminal Justice Process: Proceedings Before Trial – Chp 13 Misdemeanors -proceed to trial on prosecutor’s information -this information will detail the nature and circumstances of the charge -formal criminal charge w/o aid of preliminary hearing or grand jury -Based on evidence collected during investigations

Criminal Justice Process: Proceedings Before Trial – Chp 13 Preliminary Hearing -Screening devise used in 50+% of states -Used in felony cases to determine if a trial is warranted -Prosecutor is required to establish that a crime probably has been committed and that the defendant probably did it -Most states allow cross examination, attorney representation, call favorable witnesses -If evidence supports prosecutor then trial will be scheduled -If no probable cause that a crime has been committed or possible guilt of the defendant then the case may be dismissed -Prosecution may still submit to grad jury for further review

Criminal Justice Process: Proceedings Before Trial – Chp 13 Grand Jury -Group of 16 – 23 people charged with determining whether there is sufficient cause to believe that a person has committed a crime and should be made to stand trial -Before being tried for serious crime in federal court there must be a grand jury indictment or formal charge of criminal action -Prosecutor presents evidence -Neither defendant nor attorney has right to appear -Judge not present, rule of evidence do not apply -Not all evidence or witnesses are required

Criminal Justice Process: Proceedings Before Trial – Chp 13 Felony Arraignment & Pleas -After indictment defendant appears in court to enter a plea -Guilty leads to sentencing date -Not guilty leads to trial date and the question of a jury or bench trial -Nolo contendere is a plea in which the defendant does not admit guilt but does not contest the charges, equivalent of guilty -Advantage of Nolo contendere is that the case cannot be used against the defendant in future cases with similar circumstances

Criminal Justice Process: Proceedings Before Trial – Chp 13 Pretrial MotionsFormal request that a court make a ruling or take some other action 1. Motion for discovery of evidence – request by defendant to examine, before trial, certain evidence in possession of the prosecutor 2. Motion for a continuance – request seeks more time to prepare a case 3. Motion for change of venue – request change of location of trial to avoid community hostility, witness convenience, other reason 4. Motion to suppress evidence – request that certain evidence not be allowed to be presented. This uses the Exclusionary Rule

Criminal Justice Process: Proceedings Before Trial – Chp 13 The Exclusionary Rule -Support Judicial Integrity is the idea that courts should not be parties to law breaking by the police Deterrence means police will be less likely to violate a citizen’s rights if illegally seized evidence will be thrown out of court -Disclaimers legal loophole that allows the guilty to go free -Exception ‘good faith’ – “exclusionary rule should not apply to bar evidence obtained by police acting in reasonable reliance on a search warrant, issued by a detached and neutral judge, that is later found to be invalid:

Criminal Justice Process: Proceedings Before Trial – Chp 13 Plea Bargain – negotiation between accused, defense attorney, and prosecutor -Most cases never go to trial -Typically negotiate for a less serious charge or recommend a lighter sentence if accused pleads guilty -Judge must decide if the plea was made freely, voluntarily, and with knowledge of all the facts Arguments Against -Victims rights are overlooked -Allows dangerous criminals to get back into society sooner