1. Vocabulary Activity Indictment Grand Jury
Copy the definition of the following terms into your notes:
Indictment
Grand Jury

3. Booking and Initial Appearance
Arrest
Booking
Initial Appearance
Accused is taken to the police station
Asked to provide identifying information
Fingerprinted and photographed
Police may take DNA Samples, Urine samples, hand writing samples, etc
Appear before a judicial officer (usually a judge or magistrate)
Judge explains defendants rights and charges against him/her
Attorney is appointed or opportunity to hire one is presented
Judge may set Bail
Police have probable cause that a crime has been committed and takes a person into formal custody

4. Information Initial Appearance Arrest Booking Information Misdemeanor
Based on prosecutors preliminary investigation
Judge may set Bail
Formal criminal charge filed with the court

5. Preliminary Hearing Arrest Booking Initial Appearance
Felony
Prosecutor must prove that a crime was committed and there is probable cause that the defendant committed the crime
Defendant has the right to an attorney
Defendant can cross examine witnesses and call favorable witness
If prosecution does not prove its case the judge can dismiss the case
If dismissed prosecutor may still submit case to a grand Jury

6. Grand Jury Initial Appearance Arrest Booking Grand Jury
Felony (Capitol or infamous crimes)
Group of people tasked with determining if the accused has committed a crime and should stand trial
Prosecutor presents evidence
Defendant / attorney do not have the right to appear
Judge is not present / evidence rules do not apply
Prosecutor is not required to call witnesses
Proceeding is secret/not public
if jury is convinces an indictment (formal charge) is issued

7. Grand Jury Initial Appearance Arrest Booking Grand Jury
(15:00)

8. Felony Arraignment and Pleas
Arrest
Booking
Initial Appearance
Information/Grand Jury
Felony Arraignment and Pleas
Defendant is required to appear in court to enter a plea
If pleading guilty the judge will set a date for sentencing
If pleading not guilty the judge will set a date for trial
Defendant could plead Nolo Contendere
Defendant may option for a bench trial or jury trial
Latin phrase meaning “no contest”
Defendant does not admit guilt but does not contest the charges.
Equivalent to a guilty plea but cannot be used as evidence in a civil trial.

9. Pretrial Motions Pretrial Motions
A formal request that a court make a ruling or take some other action prior to trial.
Seek to have the case dismissed
Seek to have the location of the trial moved
Seek to surpass certain evidence
Seek to have the trial date moved
Seek reduction in bail

10. Exclusionary Rule Exclusionary Rule
Any evidence illegally obtained by police cannot be used to convict the accused at trial.
Also applies to evidence obtained from illegal questioning
Evidence may be used at sentencing
Could result in defendant being released (Key evidence)

11. Exclusionary Rule Arguments Against Legal loop hole
Allows dangerous criminal to go free
Should punish police (for violating rights)
Arguments For
Judicial Integrity - Courts should not be parties to lawbreaking by Police
Deterrence – Police less likely to violate civil rights

12. Exclusionary Rule “Good Faith Exception Rule”
Court has ruled on certain cases that evidence can be used because the the police acted in good faith even if there were minor flaws in following correct procedure.

13. Plea Bargaining
Plea Bargaining (More than 90% of cases) In a criminal case, the negation between the prosecutor, defendant and defendants attorney. In exchange for a defendants guilty plea the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a reduced sentence.

14. Plea Bargaining Plea Bargaining (More than 90% of cases) Arrest
Booking
Initial Appearance
Information/Grand Jury
Felony Arraignment and Pleas
Pretrial Motions
Trial
Plea Bargaining (More than 90% of cases)

15. Plea Bargaining Arguments Against
Allows dangerous criminals to get off with light sentences
Government should be forced to prove guilt beyond reasonable doubt
Prosecutor uses as a means to gain a conviction on a weak case
Victims rights are completely overlooked
Arguments For
Justice system would otherwise be overwhelmed
Prosecutor uses as a means to gain a conviction on a weak case
Most jurisdictions allow for victims to be heard during the plea bargaining process