C RIMINAL J USTICE P ROCESS Proceedings Before Trial

B OOKING The formal process of making a police record of the arrest The police may be allowed to take fingernail clippings, handwriting specimens, or blood samples from the defendant Defendant gives identifying information and arrest history. Defendant does NOT give a plea

I NITIAL A PPEARANCE Misdemeanor – enters plea Felony- Gives plea at arraignment (grand jury) The most important decision at this time is whether or not to release the defendant from custody A defendant does not have a right to an attorney at the preliminary arraignment

A RRAIGNMENT A court session at which a defendant is charged and enters a plea. For a misdemeanor this is also the defendant’s initial appearance, at which the judge informs him or her of charges and sets the bail.

P RETRIAL R ELEASE Personal Recognizance - When a defendant has ties to a community and can be expected to return to court It reflects the American judicial system’s presumption of evidence Bail – Money to secure a person’s return to court for further hearings

P RELIMINARY H EARING Pretrial proceeding at which the prosecutor must prove that a crime was committed and establish the probable guilt of the defendant. If the evidence does not show probable guilt, the judge may dismiss the case.

G RAND J URY P ROCEEDING Grand Jury – Group of people charged with determining whether there is sufficient cause to charge a person with a crime Used by the federal government and about 20 states The prosecutor need not present all of the evidence the state has at this proceeding

I NDICTMENT Formal charges of criminal action

I NFORMATION A prosecuting attorney’s federal accusation of the defendant, detailing the nature and circumstances of the charge

B AIL Money or property put up by the accused or his or her agent to allow release from jail before trial. The purpose of bail is to assure the court that then defendant is present for trial.

P ERSONAL R ECOGNIZANCE A release from legal custody based on a defendant’s promise to show up for trial.

N OLO C ONTENDERE Plea in which the defendant does not admit guilt but does not contest the charges

P RETRIAL M OTION A document by which a party asks the judge to make a decision or take some action before the trial begins.

M OTION FOR D ISCOVERY OF E VIDENCE A request by the defendant to examine, before trial, certain evidence possessed by the prosecution.

M OTION FOR A C ONTINUANCE A request to postpone a lawsuit to gain more time to prepare the case.

M OTION FOR C HANGE OF V ENUE To change the location of trial To avoid community hostility For the convenience of witnesses Used in DC Sniper case

M OTION TO S UPPRESS E VIDENCE It is a request that certain evidence not be allowed to be presented.

J UDICIAL I NTEGRITY This is an argument for the use of the exclusionary rule, which emphasizes that courts should not permit lawbreaking by the police. Used in discussing search and seizure.

P LEA B ARGAINS In many cases the prosecutor and the defense enter into plea bargains The judge is not required to accept a plea bargain worked out by the parties A judge will not accept a plea bargain if the defendant does not fully understand voluntarily enter the plea Victims are most likely to object

A DVANTAGES OF P LEA B ARGAINING Prosecutor In weak cases, still get a conviction, even if to a lesser crime. May have high caseloads Without guilty pleas, trials could not occur within the speedy trial rule. Avoids the time and expense of a public trial Defense Attorney Have very high caseloads and rely on plea bargains to maintain caseloads Helps them achieve a favorable outcome for their client

A DVANTAGES OF P LEA B ARGAINING C ONT ’ D Defendant Receive some favorable benefits (reduced criminal charge, lower penalty, etc.) Is less expensive and is less time consuming Judge Forces the defense counsel and prosecutor to discuss the relative strengths and weaknesses of their case. Reduces their dockets

D ISADVANTAGES OF P LEA B ARGAINS Prosecutor As elected official, may be strongly criticized by public for plea bargaining Defense Attorneys May negotiate a plea arrangement that the judge does not accept, which results in the client pleading guilty and not obtaining the benefit expected.

D ISADVANTAGES OF P LEA B ARGAINS Defendant May feel pressured to accept a plea bargain May not obtain the benefit he or she expected from the plea bargain May come to believe that the system is unfair and their attorney is incompetent May come to believe that the criminal justice system is not about justice but about dealmaking Judge As elected official, may feel that the public unfairly blames them for “deals” made by the prosecutor

G OOD F AITH E XCEPTION When there is a good faith exception to the exclusionary rule, seized evidence can be used against the defendant at trial