Vocabulary Activity Indictment Grand Jury Copy the definition of the following terms into your notes: Indictment Grand Jury

Booking and Initial Appearance Arrest Booking Initial Appearance Accused is taken to the police station Asked to provide identifying information Fingerprinted and photographed Police may take DNA Samples, Urine samples, hand writing samples, etc Appear before a judicial officer (usually a judge or magistrate) Judge explains defendants rights and charges against him/her Attorney is appointed or opportunity to hire one is presented Judge may set Bail Police have probable cause that a crime has been committed and takes a person into formal custody

Information Initial Appearance Arrest Booking Information Misdemeanor Based on prosecutors preliminary investigation Judge may set Bail Formal criminal charge filed with the court

Preliminary Hearing Arrest Booking Initial Appearance Felony Prosecutor must prove that a crime was committed and there is probable cause that the defendant committed the crime Defendant has the right to an attorney Defendant can cross examine witnesses and call favorable witness If prosecution does not prove its case the judge can dismiss the case If dismissed prosecutor may still submit case to a grand Jury

Grand Jury Initial Appearance Arrest Booking Grand Jury Felony (Capitol or infamous crimes) Group of 16-23 people tasked with determining if the accused has committed a crime and should stand trial Prosecutor presents evidence Defendant / attorney do not have the right to appear Judge is not present / evidence rules do not apply Prosecutor is not required to call witnesses Proceeding is secret/not public if jury is convinces an indictment (formal charge) is issued

Grand Jury Initial Appearance Arrest Booking Grand Jury https://www.youtube.com/watch?v=A4HIZzNvsOk (15:00)

Felony Arraignment and Pleas Arrest Booking Initial Appearance Information/Grand Jury Felony Arraignment and Pleas Defendant is required to appear in court to enter a plea If pleading guilty the judge will set a date for sentencing If pleading not guilty the judge will set a date for trial Defendant could plead Nolo Contendere Defendant may option for a bench trial or jury trial Latin phrase meaning “no contest” Defendant does not admit guilt but does not contest the charges. Equivalent to a guilty plea but cannot be used as evidence in a civil trial.

Pretrial Motions Pretrial Motions A formal request that a court make a ruling or take some other action prior to trial. Seek to have the case dismissed Seek to have the location of the trial moved Seek to surpass certain evidence Seek to have the trial date moved Seek reduction in bail

Exclusionary Rule Exclusionary Rule Any evidence illegally obtained by police cannot be used to convict the accused at trial. Also applies to evidence obtained from illegal questioning Evidence may be used at sentencing Could result in defendant being released (Key evidence)

Exclusionary Rule Arguments Against Legal loop hole Allows dangerous criminal to go free Should punish police (for violating rights) Arguments For Judicial Integrity - Courts should not be parties to lawbreaking by Police Deterrence – Police less likely to violate civil rights

Exclusionary Rule “Good Faith Exception Rule” Court has ruled on certain cases that evidence can be used because the the police acted in good faith even if there were minor flaws in following correct procedure.

Plea Bargaining Plea Bargaining (More than 90% of cases) In a criminal case, the negation between the prosecutor, defendant and defendants attorney. In exchange for a defendants guilty plea the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a reduced sentence.

Plea Bargaining Plea Bargaining (More than 90% of cases) Arrest Booking Initial Appearance Information/Grand Jury Felony Arraignment and Pleas Pretrial Motions Trial Plea Bargaining (More than 90% of cases)

Plea Bargaining Arguments Against Allows dangerous criminals to get off with light sentences Government should be forced to prove guilt beyond reasonable doubt Prosecutor uses as a means to gain a conviction on a weak case Victims rights are completely overlooked Arguments For Justice system would otherwise be overwhelmed Prosecutor uses as a means to gain a conviction on a weak case Most jurisdictions allow for victims to be heard during the plea bargaining process