1. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 9-1 Chapter 9 Pretrial Motions, Hearings, and Plea Negotiations This chapter examines: Right to discovery Pretrial motions Pretrial conferences Plea negotiations Brady material

2. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 9-2 Pretrial Right to Discovery Right is a comparatively recent origin. Unknown at common law Right of adversary to inspect, review, and copy certain materials held by the opposition that are anticipated to be introduced into evidence during the trial. Both sides have certain discovery rights.

3. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 9-3 Defendant’s Pretrial Discovery Rights May vary by state statute Generally entitled to Names and addresses of witnesses Right to inspect all witness statements in the hands of the government United States v. Garison No absolute right to inspect the prosecutor’s file

4. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 9-4 Prosecutor’s Right to Discovery Depends on state statutes and court decisions May create a self-incrimination problem Alibi rule Williams v. Florida Reason for the rule Sanctions when rule violated

5. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 9-5 Motion to Suppress Evidence Allows parties to determine the admissibility of evidence prior to trial In some states objections to evidence may be delayed until the evidence is offered into evidence during the trial. Grounds for evidence suppression include Exclusionary rule Confessions alleged to have been illegally obtained

6. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 9-6 Motion to Dismiss Charges Prosecutor may decide not to try case. Problems with charging instrument, e.g., defective indictment Generally not a bar to future prosecution involving the incident in question.

7. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 9-7 Continuances Most states require counsel to present motions to continue the case in writing. Decision as to whether the continuance will be granted is at the trial judge’s discretion. Trial judge’s decision based on Reason for request Status of the trial

8. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 9-8 Motion for Severance May be for a severance of defendants when several are tried together. May be for a severance of multiple charges against the defendant. Decision based on trial judge’s discretion.

9. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 9-9 Motion to Determine Competency Competency relates to accused’s mental state at trial time. Defense has the burden of producing some evidence as to lack of competency of the accused. Generally, the trial judge suspends criminal trial and conducts proceedings to determine if the accused is presently competent to stand trial.

10. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 9-10 Plea Negotiations Approved by U.S. Supreme Court— Brady v. United States May bargain to Reduce sentence Reduce charges Dismiss some of the charges Recommendations of prosecutor as to sentence, probation, or other matters

11. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 9-11 Restrictions on Plea Bargaining Many states prohibit or restrict plea bargaining on certain crimes, e.g., Cal. Penal Code 1192.7(a), which restricts California prosecutors from plea bargaining in any crime involving the use of a firearm.