Chapter Two: Overview of the Criminal Justice Process Criminal Procedure : Law and Practice Rolando V. del Carmen

Question What is criminal procedure. Distinguish it from criminal law.

Overview of the Criminal Justice Process Defendant Arrested; Complaint Filed Preliminary Hearing Grand Jury Returns Indictment Discovery Proceedings Motions Filed Trial Opening Statements Government’s/ Prosecutor’s Case Presentation of Evidence Defendant’s Case Government’s Rebuttal Case Closing Arguments Jury Instructed Deliberations VERDICT

Overview of the Criminal Justice Process The Procedure Before Trial The Filing of a Complaint The Filing of a Complaint The Arrest The Arrest Booking at the Police Station Booking at the Police Station Initial Appearance before a Magistrate after the Arrest Initial Appearance before a Magistrate after the Arrest The Setting of Bail The Setting of Bail The Preliminary Hearing The Preliminary Hearing

Overview of the Criminal Justice Process The Procedure Before Trial (cont.) The Preliminary Hearing The Preliminary Hearing Determination of Probable Cause Determination of Probable Cause Discovery Discovery Decision on “binding over” Decision on “binding over”

Overview of the Criminal Justice Process The Procedure Before Trial (cont.) The Decision by the Prosecutor to Charge The Decision by the Prosecutor to Charge Grand Jury Indictment versus an Information Grand Jury Indictment versus an Information The Arraignment The Arraignment The Plea by the Defendant The Plea by the Defendant A Nolo Contendere Plea A Nolo Contendere Plea A Plea of Not Guilty A Plea of Not Guilty A Plea of Guilty A Plea of Guilty

Question What is a plea bargain? Do you support plea bargaining? Explain.

Overview of the Criminal Justice Process The Procedure Before Trial (cont.) Plea Bargains Plea Bargains How Plea Bargains Work How Plea Bargains Work Three forms of plea bargains Three forms of plea bargains

Overview of the Criminal Justice Process The Procedure Before Trial (cont.) Plea Bargains Plea Bargains Legal Issues in Plea Bargains Legal Issues in Plea Bargains Should a prosecutor’s promise to a defendant to induce a guilty plea be kept? Should a prosecutor’s promise to a defendant to induce a guilty plea be kept? Is the defendant entitled to a lawyer during the plea-bargaining process? Is the defendant entitled to a lawyer during the plea-bargaining process? How much evidence should the prosecutors disclose in plea bargaining? How much evidence should the prosecutors disclose in plea bargaining? What constitutes an involuntary plea? What constitutes an involuntary plea? Should plea bargaining be prohibited by law? Should plea bargaining be prohibited by law?

Overview of the Criminal Justice Process The Procedure During Trial The Procedure During Trial The Selection of Jurors The Selection of Jurors Challenge for Cause Challenge for Cause Peremptory Challenge Peremptory Challenge

Overview of the Criminal Justice Process Table 2.1 Compensation of Trial Jurors per Day in Selected States* Arkansas $15.00–$35.00 Connecticut $50.00 Iowa $10.00Kansas $10.00 Kentucky $5.00 Louisiana $12.00–$25.00 Maine $10.00 Massachusetts $50.00 Michigan $15.00 Minnesota $30.00 Mississippi $15.00–$40.00 Montana $13.00 Nebraska $35.00 New Jersey $5.00 New Hampshire $10.00 North Carolina $12.00–$30.00 Oklahoma $20.00 Oregon $10.00–$50.00 Utah $18.50–$49.00Washington $10.00–$25.00 Texas $6.00 1st day, $40.00 after that Source: *Compiled by the author from state laws, as of Some states reimburse mileage, parking fees, and other expenses; other states increase the compensation per day if the trial lasts longer than a specified number of days.

Overview of the Criminal Justice Process The Procedure During Trial Opening Statements by the Prosecution Opening Statements by the Prosecution Opening Statements by the Defense Opening Statements by the Defense Presentation of the Case for the Prosecution Presentation of the Case for the Prosecution Presentation of the Case for the Defense Presentation of the Case for the Defense

Overview of the Criminal Justice Process The Procedure During Trial (cont.) Rebuttal Evidence Rebuttal Evidence Closing Arguments Closing Arguments The Prosecution’s Argument The Prosecution’s Argument The Defense’s Argument The Defense’s Argument Defense Motions Prior to the Verdict Defense Motions Prior to the Verdict A Motion for Acquittal A Motion for Acquittal A Motion for a Directed Verdict of Acquittal A Motion for a Directed Verdict of Acquittal A Motion for a Mistrial A Motion for a Mistrial

Overview of the Criminal Justice Process The Procedure During Trial (cont.) The Judge’s Instructions to the Jury The Judge’s Instructions to the Jury Jury Deliberation Jury Deliberation The Verdict – Guilty or Not Guilty The Verdict – Guilty or Not Guilty Hung Juries Hung Juries Legalized Less-Than-Unanimous Votes Legalized Less-Than-Unanimous Votes “Not Guilty” “Not Guilty” “Guilty” “Guilty” Jury Nullification Jury Nullification

Overview of the Criminal Justice Process Similarities & Differences Between A Motion for a Mistrial & A Motion for a New Trial Filed by the defense Accused can be tried again Usually alleges violations of the defendant’s rights during the ongoing trial Usually alleges violations of the defendant’s rights before or during the ongoing trial Filed before a verdict of innocence or guilt Filed after a guilty verdict Usually filed during the trial May be filed months or years after the trial Filed before the defendant starts serving the sentence May be filed while defendant is serving the sentence

Overview of the Criminal Justice Process The Procedure After Trial Sentencing Sentencing Appeal Appeal Habeas Corpus Habeas Corpus

Question Does every error during trial result in the reversal of a conviction on appeal? Explain.

Overview of the Criminal Justice Process Table 2.3 Appeal and Habeas Corpus Compared Appeal Writ of Habeas Corpus A direct attack upon the conviction A collateral attack, meaning a separate case from the criminal conviction Part of the criminal proceeding A civil proceeding Purpose is to reverse conviction Purpose is to secure release from prison Filed only after conviction May be filed anytime a person is deprived of freedom illegally by a public officer, before or after conviction, with some exceptions Accused has been convicted but may be Person is serving time or is detained free on bail illegally: cannot be filed if person is free Based on any type of error made during the Based on a violation of a constitutional trialright,usually during the trial Must be undertaken within a certain Right of action does not lapse, may be period of time otherwise the right of actionfiled after conviction lapses even while person is serving time in prison All issues must be raised from the trial record New testimony may be presented

Overview of the Criminal Justice Process Beware: The Procedure in Your Jurisdiction May Differ Application to Felony Cases Application to Felony Cases Variation Among States Variation Among States Variation Within a State Variation Within a State Theory vs. Reality Theory vs. Reality

Overview of the Criminal Justice Process