Pre Trial Procedures & Booking and Bail

Booking After arrest, suspects are taken to the police station to be booked. Suspect's name, reason for arrest, fingerprints and photos are logged into system.

After booking, suspects are taken to the local jail Prosecutors then decide what crime(s) they will formally charge the arrested suspect or if they will drop the charges. Charging: Complaint: usually for misdemeanors, officer(s) or victim swears under oath a crime has been committed. Information: used for felonies for states w/o grand juries, outlines crime committed and evidence supporting it. Grand Jury Indictment: used in some states, grand jury reviews evidence and decides there is enough to accuse someone of a crime.

Initial Appearance After charging, a suspect officially becomes a defendant Supreme Court has ruled that "promptly" after someone has been arrested, they have to appear before a judge. Usually between 24 and 48 hours What takes place in an Initial Appearance: If a misdemeanor... judge will most times hold a "summary trial" 
and defendant pleads guilty If a felony... Judge does the following : 1. Informs defendant of rights 2. Tells them the crimes accused of 3. Decides whether or not to grant bail

Bail Bail is a monetary guarantee that a defendant will return back to court at a later date. Judges set bail based on three considerations: 1. The ties a defendant has to the area. 2. Seriousness of the crime 3. Threat of defendant to community A judge can deny bail, but must give defendant chance to fight it. If a defendant reappears back to court, they get the money back; if not the court keeps it all.

Bail Bonds Private businesses who can be hired to post bail for a defendant for a fee. If a person does not appear, bondsmen have "bounty hunters" who track down and return bail jumpers to court. Bounty Hunters have to be registered, but do not have the same restrictions police have Courts love Bail Bondsmen, because their service keeps the jails empty, and saves money.

Other Types of Pretrial Release Release on Own Recognizance Let go without bail with a written promise to return Conditional Release Let go without bail under supervision of a third party Unsecured Bond Bail is set, but no money is paid by defendant

Pre-Trial Stages: Preliminary Hearing Preliminary Hearing: Definition: A preliminary hearing is a stage where a judge decides if there is enough evidence for a trial in felony cases. Steps of Prelim. Hearing: 1. Accused is represented by a lawyer 2. Witnesses are called by both sides, and evidence is presented on by prosecution 3. Judge decides if there is enough probable cause for a trial

After Prelim. Hearing In VA, if a judge rules there is enough evidence, then the case moves to a grand jury for indictment If a judge rules there is not enough, it still can be taken to a grand jury later on.

Pre-Trial Stages: Grand Jury Grand Juries A grand jury is a group of 12 to 23 citizens who meet to decide whether there is enough evidence to indict a defendant. Grand Juries are secret; just jury and prosecutor Defendant does not have the right to be present at a grand jury meeting

Grand Jury Process: 1. Prosecutor presents evidence to the jury; witnesses and any tangible evidence collected at that point. 2. Jury listens, then votes to indict or not indict; majority wins If a Grand Jury does not indict, then the case usually is dropped

Pre-Trial Stages: Arraignment and Pleas Arraignment: Final stage before a trial Defendant enters plea 1. Not guilty 2. Guilty 3. No Contest: not admitting guilt, but accept punishment anyway If guilty plea is entered, judge determines if it was entered voluntarily Judge determines if defendant is competent enough to stand trial

Plea Bargains 90% of criminal cases end in arraignment with a guilty plea Three Types of Plea Bargains: 1. Defendant pleads guilty to a lesser offense - Ex: 2nd Degree Murder to Manslaughter 2. Prosecutor will suggest a lesser sentence for guilty plea; judge does not have to grant it. 3. If multiple charges, prosecutor will drop one or more in exchange for guilty plea

Factors Prosecutors Take into Consideration 1. Seriousness of Crime: The more serious the crime, the less likely prosecutors are to plea bargain. - Murder is the least likely crime to be plea bargained. Why? 2. Defendants Criminal Record: The longer the record, the less likely a plea bargain will be offered 3. Strength of Prosecution Case: If the prosecution has a strong case, the less likely they are to take it easy on the defendant

Why does the criminal justice system like to use plea bargains so much Why does the criminal justice system like to use plea bargains so much? Reduces the uncertainty of a trial for everyone. Prosecution: Increases conviction rates. Defense: Can work more cases and make more money. Judges: Reduce court load Defendants: Allows them to have lesser sentences or lesser crimes on record.

Who does plea bargaining not work for? 1. Innocent, indigent or highly visible defendants; can be pressured to plea by dishonest defense attorneys 2. Habitual Felony Offenders: "3 Strikes and You're Out Laws“: Life sentence for someone convicted of a felony for third time. Used by prosecutors to force defendants into pleas

In a criminal trial it is up to the prosecution that holds the burden of proof. Bruden of Proof: is the standard necessary in a criminal trial to find a defendant guilty – beyond a reasonable doubt.

Does the Punishment fit the Crime? Who Decides? State legislatures (General Assembly) decides what is against the law, and what the punishments should be. In each case, a judge decides what punishment, and how much, will be handed down on a convicted person Fine? Probation? Death? Home Arrest? Prison

Flexibility of Judges in Sentencing Judges exercise a lot of discretion when handing down a sentence... Force someone to pay a fine or restitution to victim Give credit for time served awaiting trial - Can suspend sentence If multiple crimes, can set the sentences to run together

Types of Sentencing There are two types of sentencing judges in the US use - Indeterminate Sentencing: Found in states that allow parole. Judge will set a mandatory minimum and a maximum amount of time to be served in prison. Ex: Sentenced to serve at least 5 years, but no more than 20, in prison. Parole Boards decide when a prisoner will get out before the max is met

Determinate Sentencing Three Types... 1. Flat Time: Set time limits on how long someone serves; no parole 2. Mandatory: minimum amount of time someone has to serve for a crime - Ex: DWI, 1st Conviction, w/ BAC > .20 - 10 Days 3. Presumptive Sentencing Each crime has a range, and sentence is determined through a variety of factors involved with the convicted person

Criticisms of Indeterminate and Determinate Sentencing 1. Should convicted felons be allowed to return to society? 2. Does rehabilitation really work? 3. Inconsistences in sentencing Determinate: 1. Over crowding of prisons 2. Contribution to a harsh prison climate 3. Sentencing out of the hands of judges and juries, and in the hands of prosecutors, legislatures and prison authorities

Retribution: Repayment for the crime committed Retribution: Repayment for the crime committed. Based off the dual ideas of revenge and "just deserts“. Revenge: Payback for a wrong committed, "eye for an eye" principle. Just Deserts: You did something wrong, you deserve to be punished. Retribution... 1. Assures that punishments will lie with the state, and not vigilanties 2. People will respect the law b/c they can see it work

Incapacitation: Means the taking away of freedom from people who have committed crimes. The idea behind this reasoning is that it prevents people from committing crimes. EX: If a murderer is locked away in prison, then they cannot kill anymore people. Ways to Incapacitate: 1. Prison 2. Exile 3. Death

Deterrence Why do they recommending people get flu shots? Means taking steps to prevent something from happening. By punishing criminals, a society can stop future crimes from happening. EXAMPLE: Drug Crimes Two Types of Deterrence: Specific Deterrence: By punishing the criminal, they will not commit the crime again. General Deterrence: Punishment of criminals keeps others in society from committing crimes in the future

Rehabilitation: Use of punishments to correct the wrong behavior that led to the crime in the first place. Examples: Education opportunities in prison, Job training, Therapy The idea is, that when prisoners are released back into society, they will not go back to crime and lead a law abiding life

Restoration and Victims Rights Until the 1980s, the plight of crime victims was pretty much ignored - Now all states have laws that protect and help a crime victim through the criminal justice process Some rights crime victims have... 1. Treated with dignity and respect 2. Be present at court proceedings 3. To meet with prosecutor 4. Protection from defendant 5. Privacy 6. Return of property 7. Notice of offender's release from prison

States allow victims to give impact statements at sentencing to help a judge or jury decide what punishment to give Courts can also require restitution, or payment, to the victim by the offender

Supreme Court and Death Penalty Two major cases decided in the 1960s and 1970s established the modern implementation of the Death Penalty. During this period, the SC placed a moratorium on executions. 1. Furman v. Georgia (1972): Court ruled that death sentences handed down by juries was arbitrary, and violated the 8th Amendment. Decision made death penalty laws unconstitutional throughout the U.S.

2. Gregg v. Georgia (1976): States rewrote death sentencing laws, creating guidelines on how it was to be given. SC decided these new guidelines were constitutional, and moratorium on executions was lifted. Additional Restrictions on Death Sentences: 1. Type of Crime: For the most part, only 1st Degree Murder can receive a death sentence; all other crimes must get a lesser sentence. 2. Mental Capacity: SC has declared it unconstitutional to execute an inmate who has developed a mental illness while on death row. Cannot sentence someone with mental illness with death either.

Procedural Guidelines in Death Penalty Cases: 3. Age: Cannot execute someone who was younger than 18 when they committed a capital crime. Ex: Lee Boyd Malvo Procedural Guidelines in Death Penalty Cases: 1. Bifurcated Trials: As opposed to regular trials, trials involving a capital crime has two stages. Stage 1: Guilt Phase: Where a jury decides if defendant is guilty or innocent Stage 2: Penalty Phase: Jury decides whether sentence will be death or life in prison

2. Sentencing Guidelines: Each state has a list of aggravating and mitigating factors to consider when deciding on death. Aggravating Factors: circumstances that make crime worse. Mitigating Factors: make crime less severe (not all states have these) Guidelines Governing Death Sentences in Virginia: Only 1st Degree Murder can receive a death sentence, and has to meet only 1 of the following circumstances.

Methods of Execution Allowed Lethal Injection Hanging Electrocution Gas Chamber Firing Squad For the most part, most states use Lethal Injection VA allows Injection and Electrocution