THE COURTROOM WORKGROUP II: PROCESS AND PARTICIPANTS

AGENTS INVOLVED IN THE CJS Prosecutor Defense Attorney Judge Jurors Witnesses Victim Families, friends Clerk Recorder Police Etc…

PROCESS: CHARGING Arrest Police bring charges Prosecutor makes charging decision Leave them the same Drop them Add more charges or increase severity of charge Drop some charges or reduce charge

PROCESS: JURISDICTION DETERMINATION Federal vs. state Between states (parts or all of a crime in multiple states) Defendants can be tried in both federal and state courts or in multiple states – not a violation of 5th Amendment double jeopardy clause Rare

PROCESS: PRETRIAL (Initial Appearance) Review of charges Defendant advised of rights Bail set Possible arrangement of attorney for defendant

PROCESSES: PRETRIAL (Arraignment) Preliminary hearing: prosecutor must present sufficient evidence to judge that defendant has committed crime Grand Jury: jury of citizens sees prosecutor’s presentation of evidence and makes determination as to whether there is sufficient evidence to proceed to trial If sufficient evidence, defendant is arraigned (formally charged) At arraignment, defendant issues plea: Guilty (sentence), Not Guilty (trial), Nolo Contendre

PROCESSES: PRETRIAL (Motions) Discovery Suppression Change of Venue Continuance Dismissal Etc.

PROCESSES: PRETRIAL (jury selection) Voir dire – questioning of prospective jurors (general to group or specific to individuals) Jury pool – random selection For-cause challenges – unlimited (e.g., acquainted with party in case, refusal to be unbiased, etc.) Peremptory challenges – limited number, both sides 85% of cases won in this phase Capital cases: death-qualified (SC – this is constitutional)

PROCESSES: TRIAL (Opening Statements) Begin with prosecutor Defense may waive Explains specific charges Outlines evidence that will be introduced Refer to other side’s case

PROCESSES: TRIAL (Witnesses and Evidence) Prosecution begins – goes through all witnesses and evidence Rules of evidence must be followed (objections raised during trial; appealable) Closes Then, defense (Motion to Dismiss) May simply state that prosecution does not have sufficient evidence and not present a case Prosecution may rebut

PROCESSES: TRIAL (Closing Statements, etc.) Prosecutor first, then defense Charge to jury Summary of legal principles Standard of evidence for conviction Weight jury can give to evidence Jury deliberation Verdict Not guilty (defendant released) Guilty (Sentencing date set) Hung jury (may have further deliberation, re-try case from beginning, opt not to re-try the case)

PROCESSES: TRIAL (Sentencing) Judge approves all sentences Capital cases: bifurcated system Statutory sentencing guidelines in all states

DETERMINING THE CHARGES: POLICE AND PROSECUTOR Due process: reasonable belief that accused committed the crime(s) Prosecutorial discretion: whether to charge, what to charge, evidence to present at arraignment Cooperation between police and prosecutor

DISCRETION AT PRE-TRIAL PROCEEDINGS (Bail) Pre-trial release; innocent until proven guilty 8th Amendment – no excessive bail, but no explicit guarantee of bail What is excessive? When can bail be denied? Public safety, flight risk… Does bail discriminate against the poor? Bondsmen system

DISCRETION AT PRE-TRIAL PROCEEDINGS: Competency to Stand Trial Judge makes determination Temporary NGRI – affirmative defense before trial

DISCRETION AT PRE-TRIAL PROCEEDINGS: Plea Bargaining Not desirable to victim, police Prosecutor considerations: Use of resources (time and cost); community interest with use of resources; benefit of guilty verdict; clearing cases; questionable confidence in case (e.g., witness bailing) Can be initiated by either side at any point prior to verdict Seldom involves victim Judge must approve plea bargain; sentence

SIXTH AMENDMENT: RIGHT TO SPEEDY TRIAL Speedy is undefined (relative to case) Federal cases: 100 days from time of arrest (deadlines in between) Only applied to federal courts until 1967 Klopfer v. NC 1973 – SC provided remedy to defendants denied right to speedy trial

RULES OF EVIDENCE Vary by state Objection should be raised during trial Basis for appeal