The Trial Chapter 9 in Your Text John Massey Criminal Justice

After the arrest has been made The Initial Appearance The Initial Appearance Occurs after an arrest has been made Occurs after an arrest has been made -brief, informed of charges -brief, informed of charges -given date for Preliminary hearing -given date for Preliminary hearing Do you release or detain? Do you release or detain? Bail Bail Amount of money paid by defendant to court until defendant’s return Amount of money paid by defendant to court until defendant’s return A “promise” to return A “promise” to return Reasonable Reasonable Three Factors in Setting Bail Three Factors in Setting Bail Uncertainty Uncertainty Risk Risk Overcrowded Jails Overcrowded Jails Released on Recognizance Released on Recognizance Bail Bondsman Bail Bondsman Preventive Detention Preventive Detention

Preliminary Hearing & Grand Jury Preliminary Hearing Preliminary Hearing Defendant appears before the judge Defendant appears before the judge Is there sufficient evidence to proceed to trial? Is there sufficient evidence to proceed to trial? Some cases dropped Some cases dropped Grand Jury Grand Jury Group of citizens Group of citizens Determine probable cause Determine probable cause Federal Government and Some States Federal Government and Some States Decides whether or not a case should continue Decides whether or not a case should continue Indictment (charge that probable cause does in fact exist) Indictment (charge that probable cause does in fact exist) Factors to Consider When Deciding to Further Prosecute Factors to Consider When Deciding to Further Prosecute 1) Sufficient evidence? 1) Sufficient evidence? 2) Case priorities 2) Case priorities 3) Uncooperative victims 3) Uncooperative victims 4) Unreliability of victims 4) Unreliability of victims 5) Is defendant willing to testify against others? 5) Is defendant willing to testify against others?

Pretrial Motions & The Arraignment Defense can request specific actions Defense can request specific actions 1) suppress evidence gained illegally 1) suppress evidence gained illegally 2) change of venue 2) change of venue 3) invalidate a search warrant 3) invalidate a search warrant 4) obtain evidence that prosecution may be withholding 4) obtain evidence that prosecution may be withholding 5) dismiss because of delay 5) dismiss because of delay Arraignment Arraignment Formal charge with crime stated in indictment Formal charge with crime stated in indictment Suspect enters plea (guilty, not guilty, nolo contendre) Suspect enters plea (guilty, not guilty, nolo contendre) Plea Bargaining Plea Bargaining After arraignment, before trial begins After arraignment, before trial begins Defense & Prosecution – agreement Defense & Prosecution – agreement Most cases stop here Most cases stop here Cuts down caseloads, saves time, moves process along and efficient Cuts down caseloads, saves time, moves process along and efficient Should be mutually beneficial Should be mutually beneficial

Unique Features of a Criminal Trial Speedy Trial Speedy Trial 6 th amendment 6 th amendment Right to Jury Trial Right to Jury Trial States decide (in misdemeanor cases) States decide (in misdemeanor cases) Sometimes bench trials Sometimes bench trials Right Against Self-Incrimination Right Against Self-Incrimination 5 th Amendment 5 th Amendment No person is required to be a witness against him/herself No person is required to be a witness against him/herself The Burden of Proof The Burden of Proof Beyond a reasonable doubt Beyond a reasonable doubt Guilt is clear and unquestionable Guilt is clear and unquestionable

The Jury Jury Selection Jury Selection Citizen of the U.S. Citizen of the U.S. 18 & up in age 18 & up in age No felonies No felonies Pulled from community Pulled from community DMV lists, Voter Registration, Welfare Lists DMV lists, Voter Registration, Welfare Lists Voir Dire Voir Dire “to tell the truth” “to tell the truth” -jurors provide info, attorneys ask questions -jurors provide info, attorneys ask questions Screening process Screening process Preemptory challenges Preemptory challenges Each attorney allowed a certain number of challenges Each attorney allowed a certain number of challenges Can exclude jurors from serving w/out any reason/cause Can exclude jurors from serving w/out any reason/cause Some states 5 or 6 challenges, some as many as 10 Some states 5 or 6 challenges, some as many as 10 Virginia has 4 Virginia has 4

The Trial Opening Statement Opening Statement Both attorneys give general facts of the case Both attorneys give general facts of the case Evidence Evidence Used to prove the existence or lack of a fact Used to prove the existence or lack of a fact Three main types Three main types Direct – witnessed by person giving testimony Direct – witnessed by person giving testimony Circumstantial – indirect, can create an inference/likelihood Circumstantial – indirect, can create an inference/likelihood Relevant – proves or disproves fact in question (DNA/forensics) Relevant – proves or disproves fact in question (DNA/forensics) Witnesses Witnesses Two types Two types Lay Witnesses – turthfully and accurately testify on a fact in question without an special training or knowledge (ordinary witness) Lay Witnesses – turthfully and accurately testify on a fact in question without an special training or knowledge (ordinary witness) Expert Witnesses – witness with professional training or experience in certain area Expert Witnesses – witness with professional training or experience in certain area

Witness Questioning Two types Two types Direct Examination and Cross Examination Direct Examination and Cross Examination Direct: Direct: Prosecutor calls witness to stand to testify Prosecutor calls witness to stand to testify Questions that witness Questions that witness Cross: Cross: Defense will question the prosecution’s witness Defense will question the prosecution’s witness Hearsay: Hearsay: Testimony given about a statement made by someone else Testimony given about a statement made by someone else Usually not admissible Usually not admissible Defense is challenged with creating reasonable doubt in order to get their clients found not guilty Defense is challenged with creating reasonable doubt in order to get their clients found not guilty

Later Stages of the Trial Defense closes case Defense closes case Prosecution can bring in new evidence (rebuttal stage) Prosecution can bring in new evidence (rebuttal stage) Defense has same opportunity Defense has same opportunity Closing Arguments Closing Arguments In most states, defense goes first, then prosecution In most states, defense goes first, then prosecution Shifting the Power to the Jury Shifting the Power to the Jury Judge informs jury of charges/crimes and guides them Judge informs jury of charges/crimes and guides them Jury goes into deliberation, decides outcome Jury goes into deliberation, decides outcome Verdict – issued by jury (usually guilty or not guilty) Verdict – issued by jury (usually guilty or not guilty) If unable to agree on unanimous verdict – hung jury If unable to agree on unanimous verdict – hung jury

Appeals Appeals Appeals Defendant can appeal Defendant can appeal Higher court reviews lower court’s decision Higher court reviews lower court’s decision Must question Constitutional issue or illegality Must question Constitutional issue or illegality Two Reasons for Appeals Two Reasons for Appeals Correct error made in trial Correct error made in trial Review policy Review policy Double Jeopardy Double Jeopardy No individual should be tried twice for same offense No individual should be tried twice for same offense Habeas Corpus Habeas Corpus “you have the body” “you have the body” Judicial order Judicial order Writ of Habeas Corpus – only Constitutional Issues Writ of Habeas Corpus – only Constitutional Issues