1. Criminal Justice Process: Proceedings Before Trial
Chapter 13
Criminal Justice Process: Proceedings Before Trial

2. Stop… and Think!
(Magna Carta… Holy Grail Level) Recall the Criminal Justice Process: Investigation… what has an accused person already been through after that point?
(Vol. 2… Hard Knock Life Level) Predict what next steps will be happening as we move through the Criminal Justice Process…
(The Black Album Level) Hypothesize what authority figures continue the Criminal Justice Process in this chapter…
(Reasonable Doubt Level) Analyze your current knowledge of the Criminal Justice System and predict where the accused can be let go at this point of the process… 

3. BEFORE WE GET THERE…
Before a criminal case goes to trial, several pretrial actions must take place
Depending on the circumstances and the result of preliminary proceedings, the case will be set for trial unless the charges are dropped or the accused pleads guilty

4. Booking and Initial Appearance
After an arrest, the accused is normally taken to a police station for booking.
Booking is the formal process of making police record of the arrest
At this time, the accused is asked to provide information, including name, address, date of birth, place of employment, and details about any previous arrests.

5. Booking and Initial Appearance
After this information is given, the suspect is fingerprinted and photographed.
Some of those are very funny… Such as:
In certain cases the police can take fingernail clippings, handwriting samples, or blood samples for DNA analysis
Urine tests to ascertain drug use is common now

6. Booking and Initial Appearance
After these arrests, bookings, and tests, the suspect MUST appear before a judge for an initial hearing
The defendant is informed of the charges and advised of his or her rights, as in a misdemeanor case, but does not enter a plea until a later stage in the criminal process, known as the felony arraignment.

7. Arraignment
Arraignment is a court session at which a defendant is charged and enters a plea.
For a misdemeanor this is also the defendant’s initial appearance
For a felony, this comes later as the defendant does not enter a plea until a trial

8. Bail and Pretrial Release
An arrested person can usually be released after putting up an amount of money known as bail
Bail is 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 the defendant will return for trial

9. Bail Details…
If the defendant is present for the trial, the money or property is released
Bail may be paid directly to the court.
The entire amount may be required, or in some places, the defendant may be released after just paying a portion of the total amount, usually 10%

10. Bail Details…
If the defendant is NOT present for the trial, the court keeps the money
If the defendant does not have the money, a bond company may put up a bail bond in exchange for a fee
The 8th Amendment of the US Constitution states that, “excessive bail shall not be required”

11. Bail Details…
However, the constitution does NOT specify what excessive means
If the defendant does not have the money, and cannot get a bail bonds company to put up a bail bond, they wait in jail for their trial
Some people consider this cruel, so some places such as in Hawaii, allow furloughs, where the suspect can leave and come back… if they don’t…

12. HE SHOWS UP!!!

13. To be released on bail…
To be eligible for personal recognizance, or personal bond, the defendant must promise to return and must be considered a “low risk” of failing to show up for trial
In determining “Flight Risk” and how much bail should be set for, a judge considers these factors…

14. To be Bailed or NOT to be Bailed…
Nature and circumstances of the offense
The accused’s family and connections to the community
Previous offenses
Ability to travel internationally
Financial resources
Employment Background
Prior Criminal Record

15. Information
In most states, a defendant will proceed to trial for a misdemeanor based on a prosecutor’s information
The Prosecutor’s Information includes the details of the nature and circumstances of a charge
It is also the formal criminal charge filed with the court by the prosecutor without the aid of a preliminary hearing or a grand jury

16. Preliminary Hearing
A preliminary hearing is a screening process used in about half of the states
It is used in felony cases to determine whether there is enough evidence to require the defendant to stand trial
At a preliminary hearing, the prosecutor is required to establish before a judge that a crime probably has been committed and the defendant did it.

17. Grand Jury
A grand jury is a group of people charged with determining whether there is sufficient cause to believe that a person has committed a crime and should stand trial
The 5th Amendment requires that before anyone can be tried for a serious crime in federal court, there must be a grand jury indictment
An indictment is a formal charge of criminal action.

18. Grand Jury
About half of the states regularly use grand juries and instead of a preliminary hearing for serious crimes to determine the probability that a particular defendant committed the alleged crime
Some states utilize both

19. Felony Arraignment and Pleas
After an indictment (felony) or information (misdemeanor) is issued, the defendant is required to appear in court to enter a plea
If the defendant pleads guilty, the judge will set a date for sentencing

20. Felony Arraignment and Pleas
Nolo Contendere is another plea a defendant can enter
Nolo Contendere is a plea in which the defendant does not admit guilt but also does not contest the charges. It is equivalent to pleading guilty.
The only advantage to this plea is that the trial cannot be used in a later civil trial for damages based on the same set of facts

21. Felony Arraignment and Pleas
If the defendant pleas “not guilty”, then the judge will set the date for a trial and ask whether the defendant wants a jury trial or a trial before a judge alone, referred to as a “bench” trial

22. Stop… and Think!
(Phonograph Level) Define ‘booking’ and this is not understood as much as an arrest…
(Stand up Radio Level) Relate a Grand Jury Trial to what the public believes a trial is… why is a Grand Jury rarely talked about…
(MP3 Player Level) On your iPads, investigate what other states have ‘furloughs’…
(Daft Punk Pyramid Level) Critique the pretrial process and discuss why misdemeanors go in a separate process from felonies at this point…

23. Pretrial Motions
An important preliminary proceeding is the pretrial motion
A pretrial motion is a formal request that a court make a ruling or take some other action
Prior to trial, a defendant may file motions seeking to have the case dismissed or to obtain some advantage or assistance in preparing the case.

24. Pretrial Motion #1 Common Pretrial Motions Include The Following:
Motion for discovery of evidence
This is a request by the defendant to examine, before trial, certain evidence in the possession of the prosecutor

25. Pretrial Motion #2 Common Pretrial Motions Include The Following:
Motion for a Continuance
This request seeks more time to prepare a case

26. Pretrial Motion #3 Common Pretrial Motions Include The Following:
Motion for a Change of Venue
This is a request to change the location of the trial to avoid community hostility, for the convenience of witnesses, or for other reasons

27. Pretrial Motion #4 Common Pretrial Motions Include The Following:
Motion to Suppress Evidence
This is perhaps the most important and controversial pretrial motion. This is a request that certain evidence not be allowed to be presented in the trial

28. The Exclusionary Rule This is where this rule comes into play…
Remember the 4th Amendment protects against “unreasonable searches and seizures”
While it says this, the Supreme Court has had to interpret this and created the Exclusionary Rule

29. The Exclusionary Rule
The Exclusionary Rule is a rule that states any evidence seized illegally by law enforcement cannot be used to convict the accused at trial
The case which really settled this was
But THIS just happened

30. The Exclusionary Rule The Exclusionary Rule is very controversial
Many argue “this rule lets criminals go”
“Other countries have no such rule”
Others say it helps citizens and protects privacy and prevents police misconduct

31. The Exclusionary Rule Two arguments FOR the Exclusionary Rule are:
Judicial Integrity is the idea that courts should not be parties to law-breaking by the police
Deterrence means that police will be less likely to violate a citizen’s rights if they know that illegally seized evidence will be thrown out of court

32. Plea Bargaining
Contrary to popular belief, 90% of cases NEVER go to trial.
Most defendants that are convicted of a crime plead guilty before trial
In minor cases, such as traffic violations, the procedure for pleading guilty is simple

33. Plea Bargaining
For example: In traffic violations, the defendant who gets a ticket can just sign the ticket, refusing their right to appear in court, and send in the fine by mail.
In major cases, guilty pleas result from a process of negotiation among the person accused of the crime, the defense attorney, and the prosecutor

34. Plea Bargaining This process is known as plea bargaining
Plea Bargaining involves granting certain concessions to the defendant in exchange for a plea of guilty
Typically, the prosecution will allow the defendant to plead guilty to a less serious charge or recommend a lighter sentence on the original charge in exchange for a guilty plea.

35. WHY???????

36. Why is There Plea Bargaining?
Prosecutors have a burden with heavy caseloads
Saves time
Saves Money
Gets a conviction

37. Why is There Plea Bargaining?
Public defenders can serve clients better
Takes less time in defending the obviously guilty

38. Why is Plea Bargaining Bad?
Guilty plea is MUCH harder to appeal
Critics argue it allows dangerous criminals light sentences
Prosecutors with weak cases can tempt the defendant with a light sentence

39. Why is Plea Bargaining Bad?
Some places have repealed or abolished plea bargaining, or some plea bargaining like on traffic violations