1. CJ227 Criminal Procedure Welcome to our Seminar!!! (We will begin shortly) Tonight – Unit 3 (Chapter 5 – Pretrial Proceedings) (Chapter 6 – Place and Time of Trial)

2. CJ227 Criminal Procedure - Unit 2 Mini Review In last week’s seminar, you learned about: –Arrests –Traffic Stops –Terry Stops –Other encounters –Searches –The defendant’s initial appearance in court

3. CJ227 Criminal Procedure - Unit 3 Preview In tonight’s seminar we will discuss: –Pre trial proceedings –Pre trial hearings –Arraignments –Pleas –Double Jeopardy –Grand Jury –Trials (place and time) –Defendant competency

4. CJ227 Criminal Procedure - Unit 3 What are some of the pre-trial proceedings?

5. CJ227 Criminal Procedure - Unit 3 While the type and form can vary by jurisdiction, generally the following are typical pretrial proceedings: –Preliminary Hearings –Arraignments –Pleas –Grand Jury Indictments

6. CJ227 Criminal Procedure - Unit 3 What occurs at a preliminary hearing?

7. CJ227 Criminal Procedure - Unit 3 Preliminary hearings (aka “pre-lim”): –Used if defendant enters a not guilty plea at his/her first appearance. –Magistrate hears the case. Both prosecution and defense are heard Some type of otherwise inadmissible evidence, such as hearsay (if taken by a police officer) are admissible. Witnesses and physical evidence can be presented. Judge decides if there is enough evidence to hold the defendant over for trial, reduce or dismiss (eliminate) charges. –Can be waived in some jurisdictions –Generally not used if there is a grand jury indictment (see arraignment).

8. CJ227 Criminal Procedure - Unit 3 What happens at an arraignment?

9. CJ227 Criminal Procedure - Unit 3 Arraignment –In some jurisdictions the arraignment is combined with the defendant’s first appearance. –Generally used if there is a grand jury indictment. –Defendant enters his/her plea In most jurisdictions the pleas are: Guilty, Not guilty, Nolo contendere (no contest), Insanity, Double jeopardy, prior conviction or acquittal. –Judge advises the defendant of his/her constitutional rights.

10. CJ227 Criminal Procedure - Unit 3 What are the different pleas a defendant can enter?

11. CJ227 Criminal Procedure - Unit 3 Most jurisdictions allow the following pleas to be entered by a defendant: Guilty – Defendant must be advised of the effects of the plea, the rights he or she is waiving, the judge must find that the plea is voluntary, and knowingly entered. D does not have the RIGHT to have a guilty plea accepted. D admits guilt as charged and proceeds to the sentencing phase, no trial is held. Must be made in open court. Judge must comply with the requirements of Boykin v. Alabama (waives right to self incrimination, jury trial and to be confronted by witnesses and accusors) Not guilty – D denies the charges and the matter is set for trial (Misd) or for other proceedings (Felony). Nolo contendere (no contest) – Equivalent of a guilty plea with the same protections/requirements as above applying, may not be used against D in a civil matter therefore it is frequently used where the D believes that his/her actions may also subject them to civil liability. –A common example of this is in a DUI case which involves damage to property, injury or death to a person.

12. CJ227 Criminal Procedure - Unit 3 Pleas (continued): –Insanity – D admits committing the crime charged. D has the burden to prove he/she is insane and cannot stand trial If proven some states require that the D be released from custody, others require that the D be held over (typically not more than 90 days) for an evaluation and observation to determine if the D is a danger to society. If found not to be, then the D must be released. –Double jeopardy – Violation of the 5 th Amend to the US Const. No person may be placed in jeopardy for his/her life or liberty more than once. Prevents abuse by govt – retrial until found guilty. Must be raised by the D in most jurisdictions. Trial MUST reach a final verdict to apply. Note: If D appeals a conviction and is judgment is overturned, the D can be retried. Also, if the D requests a new trial, the request acts a as a waiver and DJ does not apply. Also, if 1 st trial results in a hung jury, then the D can be re-tried with a different jury. –Prior conviction or acquittal -- Only applies in some states. Prevents prosecution by both state and fed on the same actions. Note: Most states allow both state and fed prosecutions out of the same acts.

13. CJ227 Criminal Procedure - Unit 3 What is a grand jury and what is its function? What occurs at a grand jury hearing?

14. CJ227 Criminal Procedure - Unit 3 Grand Jury – A non-judicial body of approx 17 persons from a cross section of the community whose job it is to hear evidence about criminal accusations and to determine whether there is sufficient evidence to hold a person over for trial.

15. CJ227 Criminal Procedure - Unit 3 At a grand jury hearing: –Grand jury hears indictments, typically issued by the prosecutor –Closed hearing, done in secret –Defendant is NOT present. –Prosecution provides evidence of criminal acts – can include testimony or physical evidence –Members can question witnesses –After hearing evidence, members deliberate and vote (only have to believe (in their minds) that there are enough facts to to find that a crime was committed). If so found, then an indictment against the accused is known as a “true bill” and endorsed by the jury foreperson. NOTE: Double jeopardy does NOT apply to indictments and the prosecution can refile an indicment.

16. CJ227 Criminal Procedure - Unit 3 What is the function of the Medical Examiner?

17. CJ227 Criminal Procedure - Unit 3 The function of the medical examiner is to investigate the causes of all violent, sudden and unusual deaths w/in his/her jurisdiction. In most jurisdictions, the medical examiner has taken the place of the coroner.

18. CJ227 Criminal Procedure - Unit 4 When does “competency to stand trial” become an issue? What is the test used for determing competency to stand trial?

19. CJ227 Criminal Procedure - Unit 4 Competency to stand trial becomes an issue when the D raises the issue of his/her sanity, usually thru a plea of not guilty by reason of insanity. D has the burden of proving he/she is insane and therefore not competent to stand trial. If the D is found to not be competent for trial and later regains his/her sanity, then they may be prosecuted for their crimes. The test to determine competency is: –Does the defendant lack the mental capacity to understand the nature, object and purpose of the proceedings before them? –Does the defendant lack the mental capacity to assist his/her attorney in preparing a defense against the charges before them?

20. CJ227 Criminal Procedure - Unit 4 What is meant by the term – venue? Why would a defendant bring a motion to change venue?

21. CJ227 Criminal Procedure - Unit 4 Venue: 6 th Amend right to a trial in the state and district where the crime is accused to have been committed. –If a felony charge, it is the county –If a misdemeanor charge, it is the specific area of the county. –Burden is on prosecution to prove that the crime was committed in the particular venue. Failure to do so is basis for reverse on appeal. –Venue may be waived by the defendant.

22. CJ227 Criminal Procedure - Unit 4 Motion to change venue: –Mostly used in felony cases where the defense believes that a fair jury trial cannot be held in the original venue. –Judge holds hearing to determine validity of motion. –Time to bring motion is before the date set for trial. Also, after date set if jury pool has been exhausted.

23. CJ227 Criminal Procedure - Unit 4 Where does the concept of a “speedy and swift trial” come from and what is its meaning?

24. CJ227 Criminal Procedure - Unit 4 Speedy and swift trial: –6 th Amend guarantee –Based on definite guidelines and specific periods specified by statute. –Issues of violation are dependant on a balancing of the issues in each particular case. –Note: The Statute of Limitations begins when the prosecution is commenced.

25. CJ227 Criminal Procedure - Unit 3 Mini Review In tonight’s seminar we discussed: –Pre trial proceedings –Pre trial hearings –Arraignments –Pleas –Double Jeopardy –Grand Jury –Trials (place and time) –Defendant competency

26. CJ227 Criminal Procedure - Unit 4 Preview In Unit 4 we will discuss: –Trials –Bench and jury trials –Right to a trial by jury –Petty offenses –Right to counsel –Right to confront witnesses …..And of course, much much more….I look forward to seeing everyone in our seminar next week!!! (Until then, I’ll see you all on the Discussion Boards this week)