Criminal Justice Process: Proceedings Before Trial

Before reaching the courtroom Preliminary proceedings take place Some criminal cases ▫Chargers are dropped ▫Or defendant pleads guilty ▫Therefore, NO TRIAL

Booking and Initial Appearance After Arrest ▫Police station for booking formal process of police record ▫Accused provides basic information (i.e, name, address, etc. any prior arrests) ▫Fingerprinted ▫Photographed ▫Some cases: fingernail clippings, handwriting specimens, blood samples, urine tests

Booking and Initial Appearance Initial appearance – most important part is whether defendant will be released and what conditions ▫Accused appears before a judge  Judge explains rights and nature of charges  Attorney is appointed or defendant obtains one  Judge may set bail or remain in jail awaiting trial

Booking and Initial Appearance ▫Misdemeanor case  Defendant asked to plea guilty or not guilty ▫Felony case  Same as above but does NOT enter a plea until later in the process - (felony arraignment)  Preliminary hearing to determine a probable cause

Bail and Pretrial Release Constitution right to bail – but not murder Arrested person can be released on bail ▫An amount of money to ensure the court that defendant will return for trial ▫If defendant has no money, bond company puts up bail bond for fee.  If defendant does not show up to court, bond company pays the court……….and……

…..this guy coming for you!

Bail and Pretrial Release Eligible for release on personal recognizance - personal bond ▫Defendant must promise to return / low risk person ▫Courts may set nonmonetary conditions  Third party custody  Maintain or get a job  Reside at certain place  Report whereabouts on a regular basis.

Bail and Pretrial Release Bail Reform Act 1984 ▫Prevents release on bail if charged with federal felony offense and believed to be dangerous

Information Prosecutor’s information ▫Details the nature and circumstance of the charge ▫Formal criminal charge filed with the court  Based on evidence on preliminary investigation

Preliminary Hearing A screened process used in felony cases in decided a trial. ▫Prosecutor establishes a crime has been commited and defendant did it ▫Case may be dismissed if judge finds not probable cause ▫Prosecutor can still submit case to grand jury for further review.

Grand Jury Grand jury – group of 16 – 23 people ▫Determines if there is sufficient cause ▫Only the prosecutor submits evidence to the gran jury ▫Accused or attorney is NOT allowed to appear ▫Judge is NOT present ▫Rules of evidence do not apply

Felony Arraignment and Pleas After indictment (formal charge of criminal action) ▫Defendant must appear in court to enter a plea ▫Nolo contendere – defendant does not admit guilt but does not contest the charges - directly to sentencing ▫If guilty – judge sets a date for sentencing ▫If not guilty – judge sets a date for trial  judge asks defendant if he/he like a trial by jury  Or trial before judge alone – bench trial

Pretrial Motions: The Exclusionary Rule Pretrial Motion ▫Motion is a formal request that a court make a ruling or take some other action. ▫Common motions:  Motion for discovery of evidence – to examine certain evidence a prosecutor has  Motion for continuance – more time to prepare case  Motion for change of venue – change of location  Motion to suppress evidence – request for certain evidence not be allowed

Exclusionary Rule Any evidence illegally seized or illegally questioned by law enforcement officials cannot be used to convict 2 major arguments in support 1.Judiciary integrity – the idea that courts should not be parties to lawbreaking by police 2.Deterrence – police will be less likely to violate a citizen’s rights if they know that illegally seized evidence will be thrown out of court.

Plea Bargain Used to obtain guilty pleas before the trial begins. Most criminal cases never go to trial

The End

Key terms to know for quiz Bail Bail bond company Bail Reform Act Booking Excessive bail Exclusionary rule Felony Arraignment Good faith exception Grand jury Guilty plea Indictment Information Initial appearance Judicial integrity Motion to suppress evidence Nolo contendere Personal recognizance Plea bargain Preliminary Pretrial motion