1. 10 CHAPTER Pretrial Activities and the Criminal Trial
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

2. Pretrial Activities CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

3. Pretrial release and bail The grand jury The preliminary hearing
Pretrial Activities
First appearance
Pretrial release and bail
The grand jury
The preliminary hearing
Arraignment and plea
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

4. First Appearance Defendants are brought before a judge and:
Formally notified of the charges
Advised of their rights
Given the opportunity to retain a
lawyer or have one appointed to
represent them
May be afforded the opportunity for
bail
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

5. First Appearance
…must be held “without unnecessary delay”. Based on McNabb v. U.S. (1943), the standard is 48 hours.
…may include a probable cause hearing.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

6. Pretrial Release
Most defendants are given the opportunity for pretrial release.
Pretrial release decisions consider risk of flight or nonappearance in court and risk to public safety. Decisions focus on:
Seriousness of pending charges
Prior record
Information about the defendant
Available supervisory options if released
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

7. Pretrial Release Mechanisms
Bail
Deposit bail
Release on recognizance (ROR)
Property bonds
Conditional release
Third-party custody
Unsecured bonds
Signature bonds
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

8. State and Federal Defendants Released Before Trial
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

9. Pretrial Release and Public Safety
There’s a movement seeking to reduce the number of defendants granted pre-trial release.
Based on a growing concern of future crimes
Some states enacted danger laws, which limit the right to bail to certain kinds of offenders.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

10. Grand Juries Approximately half of states use grand juries.
Grand juries are made of private citizens (usually 23).
They hear evidence only from prosecutors.
Are held in secret, and generally the defendant is not there.
They serve as filters to eliminate cases without sufficient evidence.
If the majority of grand jurors agree to forward the indictment, it be comes a “true bill.”
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

11. Preliminary Hearing Used instead of Grand Juries.
They give the defendant an opportunity to challenge the legal basis of his detention.
A lower court judge summarizes the charges and reviews the rights of criminal defendants.
Competency to stand trial may be determined.
Preliminary hearings have many of the same characteristics as a trial.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

12. Arraignment
Arraignment is the first appearance before the court with authority to try the case.
Two purposes:
Inform suspect of specific charges
Allow defendant to enter a plea
Types of pleas:
Guilty
Not guilty
Nolo contendere
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

13. The process of negotiating an
Plea Bargaining
The process of negotiating an
agreement among the defendant,
the prosecutor, and the court as
to an appropriate plea and
associated sentence in a given
case.
Plea bargaining circumvents the
trial process and dramatically
reduces the time required for the
resolution of a criminal case.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

14. Plea Bargaining Negotiated pleas are guilty pleas and result
in conviction.
Some surveys have found that 90% of all
criminal cases prepared for trial are
eventually resolved through a negotiated
plea.
After a guilty plea has been entered, it
may be withdrawn with the consent of the
court.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

15. Criminal Trials CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

16. The Nature and Purpose of the Criminal Trial:
The trial process is highly
formalized and governed by rules
of evidence and other procedural
guidelines, as well as informal
rules and professional
expectations.
The purpose is to determine the
defendant’s guilt or innocence.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

17. Factual vs. Legal Guilt Factual guilt
The defendant is actually responsible for the crime of which he is accused.
Legal guilt
The defendant is found guilty as charged.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

18. Adversarial System The philosophy of the adversarial
system is that the most just outcomes
will occur when both sides are
allowed to argue their cases
effectively and vociferously before a
fair and impartial jury.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

19. Stages in a Criminal Trial
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

20. Trial Initiation and the Speedy Trial
The Sixth Amendment guarantees that in “all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.”
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

21. The Speedy Trial: Supreme Court Cases
Klopfer v. North Carolina (1967)
A speedy trial is a fundamental
guarantee of the U.S. Constitution.
Baker v. Wingo (1972)
The 6th Amendment can be violated
even if the defendant does not object to
delays.
Strunk v. U.S. (1973)
Denial of a speedy trial should result in
dismissal of all charges.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

22. Federal Speedy Trial Act (1974)
Prosecution must seek indictment or
information within 30 days of arrest.
Trial must begin within 70 days after
indictment.
Trial start can extend to 180 days if the
defendant is not available or if
witnesses cannot be called within the 70
day limit.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

23. Federal Speedy Trial Act Cases
U.S. v. Taylor (1988)
Court ruled that when delay is the result of actions
by the defendant, the 70 day rule does not apply.
Doggett v. U.S. (1992)
“Even delay occasioned by the Government’s
negligence creates a prejudice that compounds over
time, and at some point, as here, becomes
intolerable.”
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

24. State Speedy Trial Acts
Many states have enacted their own
speedy trial legislation.
Most set a limit of 90 or 120 days as a
reasonable period of time for a trial to
begin.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

25. Jury Selection
The Sixth Amendment guarantees the right to an impartial jury.
Jurors are expected to be unbiased and free of preconceived notions about guilt or innocence.
Prosecution and defense attorneys question potential jurors during the process of voir dire.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

26. Jury Selection: Ensuring Impartiality
Both the prosecution and defense
can use challenges to remove prospective jurors from jury pool.
Challenge to the array
Challenge for cause
Peremptory challenge
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

27. Claims that the pool from which potential jurors are to be selected
Challenge to the Array
Claims that the pool from which
potential jurors are to be selected
is not representative of the
community.
Argued in a motion before voir
dire.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

28. Claims that a prospective juror cannot be impartial or fair.
Challenge for Cause
Claims that a prospective juror
cannot be impartial or fair.
Typically, each side has an
unlimited number of such
challenges.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

29. Peremptory Challenge
… removes potential jurors without the need to give a reason. Typically, each side has a limited number of such challenges.
Federal government and states vary in the number of such challenges allowed.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

30. Scientific Jury Selection
…seeks to take advantage of
peremptory challenges by using
social science research techniques
to select members of a jury.
Focus groups and surveys are used to
assess the likelihood that an individual
will be predisposed to a particular
outcome.
Some people criticize this.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

31. Sequestered Jury
… is a jury that is isolated from the public during the course of a trial and throughout the deliberation process.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

32. Jury Selection and Race
Batson v. Kentucky (1986)
the use of peremptory challenges
for purposeful discrimination
constitutes a violation of the
defendant’s right to an impartial
jury.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

33. Opening Statements
The initial statement of the prosecution or the defense attorneys, describing the facts that he or she intends to present during trial to prove the case.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

34. The Presentation of Evidence
Evidence—anything useful to a judge or jury in deciding the facts of a case.
First, prosecution presents its evidence. The defense follows.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

35. Types of Evidence Direct evidence Circumstantial evidence
Facts that need not be interpreted (photographs, testimony)
Circumstantial evidence
Requires judge or jury to make inferences or draw
conclusions
Real evidence
Physical material or traces of activity, introduced by means
of “exhibits”
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

36. The Evaluation of Evidence
Judges decide which evidence can be
presented to the jury.
Evidence must be relevant.
The probative value must be weighed against
the potential inflammatory or prejudicial
qualities of the evidence.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

37. The Testimony of Witnesses
Testimony—oral evidence presented by
witnesses, including victims, police
officers, the defendant, and specialists.
Witnesses must be competent to testify.
The defendant has the 5th Amendment
right not to take the stand.
Witnesses are subject to direct and cross
examination.
Witnesses who lie under oath commit perjury.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

38. Child Witnesses 37 states allow the use of videotaped testimony.
32 states allow the use of closed
circuit television.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

39. The Hearsay Rule
Hearsay is anything that is not based on the personal knowledge of a witness.
The hearsay rule prohibits the use of “secondhand evidence”
Exceptions to the hearsay rule:
Dying declarations
Spontaneous statements
Out-of-court statements (“past recollection
recorded”)
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

40. Closing Arguments
An oral summation of a case presented to a judge, or to a judge or jury, by the prosecution or by the defense in a criminal trial.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

41. Judge’s Charge to the Jury
After closing arguments, the judge charges the jury to:
Select a foreperson
Deliberate
Return with a verdict
Judge may remind juries of statutory laws and requirement of impartiality.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

42. Jury Deliberations and the Verdict
Deliberations may take minutes; some take weeks.
Many jurisdictions require a unanimous verdict.
Some juries are unable to reach a verdict. These deadlock juries are called hung juries.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

43. Problems with the Jury System
Many jurors are ignorant of the law and legal precedent.
Some jurors personal opinions, biases, and emotions interfere with objectivity.
Some jurors fear personal retaliation.
Some critics of the jury system call for
professional juries.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

44. Improving the Adjudication Process
Improving the process may involve:
Greater unification and reducing the
number of jurisdictions.
A growing number of court-watch
citizen groups.
More accurate statistical measurement
of court performance.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.