1. Chapter Two – Overview of the Criminal Justice Process Rolando V. del Carmen

2. Overview of the Criminal Justice Process Defendant Arrested; Complaint Filed Preliminary Hearing Grand Jury Returns Indictment Discovery Proceedings Motions Filed Trial Opening Statements Government’s/ Prosecutor’s Case Presentation of Evidence Defendant’s Case Government’s Rebuttal Case Closing Arguments Jury Instructed Deliberations VERDICT

3. Overview of the Criminal Justice Process  The Procedure Before Trial –The Filing of a Complaint –The Arrest –Booking at the Police Station –Initial Appearance before a Magistrate after the Arrest –The Setting of Bail –The Preliminary Hearing

4. Overview of the Criminal Justice Process  The Procedure Before Trial (cont.) –The Preliminary Hearing Determination of Probable Cause Discovery Decision on “binding over”

5. Overview of the Criminal Justice Process  The Procedure Before Trial (cont.) –The Decision by the Prosecutor to Charge –Grand Jury Indictment versus an Information –The Arraignment –The Plea by the Defendant A Nolo Contendere Plea A Plea of Not Guilty A Plea of Guilty

6. Overview of the Criminal Justice Process  The Procedure Before Trial (cont.) –Plea Bargains How Plea Bargains Work –Three forms of plea bargains

7. Overview of the Criminal Justice Process  The Procedure Before Trial (cont.) –Plea Bargains Legal Issues in Plea Bargains –Should a prosecutor’s promise to a defendant to induce a guilty plea be kept? –Is the defendant entitled to a lawyer during the plea- bargaining process? –How much evidence should the prosecutors disclose in plea bargaining? –What constitutes an involuntary plea? –Should plea bargaining be prohibited by law?

8. Overview of the Criminal Justice Process  The Procedure During Trial –The Selection of Jurors Challenge for Cause Peremptory Challenge

9. Overview of the Criminal Justice Process Table 2.1 Compensation of Trial Jurors per Day in Selected States* Arkansas $15.00–$35.00 Connecticut $50.00 Iowa $10.00Kansas $10.00 Kentucky $5.00 Louisiana $12.00–$25.00 Maine $10.00 Massachusetts $50.00 Michigan $15.00 Minnesota $30.00 Mississippi $15.00–$40.00 Montana $13.00 Nebraska $35.00 New Jersey $5.00 New Hampshire $10.00 North Carolina $12.00–$30.00 Oklahoma $20.00 Oregon $10.00–$50.00 Utah $18.50–$49.00Washington $10.00–$25.00 Texas $6.00 1st day, $40.00 after that Source: *Compiled by the author from state laws, as of 2005. Some states reimburse mileage, parking fees, and other expenses; other states increase the compensation per day if the trial lasts longer than a specified number of days.

10. Overview of the Criminal Justice Process  The Procedure During Trial –Opening Statements by the Prosecution –Opening Statements by the Defense –Presentation of the Case for the Prosecution –Presentation of the Case for the Defense

11. Overview of the Criminal Justice Process  The Procedure During Trial (cont.) –Rebuttal Evidence –Closing Arguments The Prosecution’s Argument The Defense’s Argument –Defense Motions Prior to the Verdict A Motion for Acquittal A Motion for a Directed Verdict of Acquittal A Motion for a Mistrial

12. Overview of the Criminal Justice Process  The Procedure During Trial (cont.) –The Judge’s Instructions to the Jury –Jury Deliberation –The Verdict – Guilty or Not Guilty Hung Juries Legalized Less-Than-Unanimous Votes “Not Guilty” “Guilty” Jury Nullification

13. Overview of the Criminal Justice Process Similarities & Differences Between A Motion for a Mistrial & A Motion for a New Trial Filed by the defense Accused can be tried again Usually alleges violations of the defendant’s rights during the ongoing trial Usually alleges violations of the defendant’s rights before or during the ongoing trial Filed before a verdict of innocence or guilt Filed after a guilty verdict Usually filed during the trialMay be filed months or years after the trial Filed before the defendant starts serving the sentence May be filed while defendant is serving the sentence

14. Overview of the Criminal Justice Process  The Procedure After Trial –Sentencing –Appeal –Habeas Corpus

15. Overview of the Criminal Justice Process Table 2.3 Appeal and Habeas Corpus Compared Appeal Writ of Habeas Corpus A direct attack upon the conviction A collateral attack, meaning a separate case from the criminal conviction Part of the criminal proceeding A civil proceeding Purpose is to reverse conviction Purpose is to secure release from prison Filed only after conviction May be filed anytime a person is deprived of freedom illegally by a public officer, before or after conviction, with some exceptions Accused has been convicted but may be Person is serving time or is detained free on bail illegally: cannot be filed if person is free Based on any type of error made during the Based on a violation of a constitutional trialright,usually during the trial Must be undertaken within a certain Right of action does not lapse, may be period of time otherwise the right of actionfiled after conviction lapses even while person is serving time in prison All issues must be raised from the trial record New testimony may be presented

16. Overview of the Criminal Justice Process  Beware: The Procedure in Your Jurisdiction May Differ –Application to Felony Cases –Variation Among States –Variation Within a State –Theory vs. Reality

17. Overview of the Criminal Justice Process