AGENDA FINISH UP WITH LECTURE ON “THE COURTS” MIDTERM QUIZ, WEEK 12, NOVEMBER 12, 2018 50 QUESTION QUIZ. EACH AT 2.5 FOR A TOTAL OF 125 FILM CLIP ON COURTS

Cruz Waiver When a defendant accepts a Cruz Waiver he or she in essence is saying they give up their right to withdraw the plea and subject themselves to a harsher sentence.

Cruz Waiver A Cruz waiver is part of a plea deal, usually requested by a defendant in custody or a defense attorney, that releases the defendant prior to sentencing. A prosecutor can oppose the waiver, but the decision to release a defendant is ultimately up to a judge.

Cruz Waiver Cruz Waivers are often granted to defendants who are preparing to serve long sentences and need to attend to personal matters before the sentence begins. These defendants have already come to a plea agreement with the court but in the event they do not appear for sentencing or violate any of the terms of their temporary release they will be given the maximum time allowable and void the previous plea agreement.

LA Street Gang, Cuatro Flats AKA Smiley Jose Luis Saenz https://www.cnn.com/2012/11/26/justice/mexico-fugitive- captured/index.html He is charged with the July 25, 1998, killings of rival gang members Josue Hernandez and Leonardo Ponce in what authorities believe was payback for an attack on an associate, along with the Aug. 5, 1998, kidnapping, rape, sodomy and murder of his girlfriend, Sigreda Fernandez, whom he allegedly feared would turn him into authorities.

Grand Jury A criminal case usually gets started with a police arrest report. The prosecutor then decides what criminal charges to file, if any. Some cases go to a preliminary hearing, where a judge decides if there is enough evidence to proceed. Cases can also start when a grand jury issues a criminal indictment. However, unlike the vast majority of trials, grand jury proceedings are kept in strict confidence. This serves two purposes: It encourages witnesses to speak freely and without fear of retaliation. It protects the potential defendant's reputation in case the jury does not decide to indict.

Grand Jury A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial After hearing the evidence, the Grand Jury votes on the indictment

Grand Jury Grand juries do not need a unanimous decision from all members to indict, but it does need a supermajority of 2/3 or 3/4 agreement for an indictment (depending on the jurisdiction). Even though a grand jury may not choose to indict, a prosecutor may still bring the defendant to trial if he/she thinks he/she has a strong enough case. However, the grand jury proceedings are often a valuable test run for prosecutors in making the decision to bring the case.

Preliminary Hearing Whether a crime was committed Whether the crime occurred within the territorial jurisdiction of the court Whether there is reasonable grounds to believe that the defendant committed the crime Defendant is then “Held to Answer” Same as the Grand Jury would do

Preliminary Hearing Cont’d The primary purpose of the preliminary hearing is to give the defendant an opportunity to challenge the legal basis for his or her detention

Prop 115 Amended the California Constitution to provide: In order to protect victims and witnesses in criminal cases, hearsay evidence shall be admissible at preliminary hearings, as prescribed by the Legislature or by the people through the initiative process. Hearsay-information received from other people that one cannot adequately substantiate the report of another person's words by a witness, usually disallowed as evidence in a court of law. Hearsay testimony is allowed at the preliminary hearing under certain circumstances. At a preliminary hearing, the judge determines whether there is a reasonable suspicion that the defendant is guilty of a crime. If the DA fails to meet that minimal burden, the case will be dismissed. An investigating officer who has been a sworn peace officer for at least five years, or who has taken a specific class at the academy, can testify at a preliminary hearing about what witnesses told him or her. That rule for preliminary hearings does NOT apply at a trial, due to the Confrontation Clause of the Sixth Amendment.

Plea Bargaining Negotiating an agreement among the defendant, the prosecutor and the court

Film Clip “Courts” movie fracture https://www.youtube.com/