1. The Court System Pretrial, Trial and sentencing

2. Proceeding Before a Trial Booking –Police station for booking –Process of making a police record Fingerprinted, photographed Sometimes; handwriting specimens, blood, fingernail clippings, or urine

3. Trial Courts Trial courts listen to testimony, consider evidence and decide the facts Adversarial system –opposing sides present evidence Inquisitional system-the judge is active in questioning witnesses and controlling the court process

4. Initial Appearance –Judge explains the defendant’s rights and advise him of the charges –Appointed or obtain an attorney –Bail may be set –Misdemeanor Submit a plea –Felonies go to grand jury Felony arraignment

5. Bail and Pretrial Release By putting up bail someone arrested can be released Assures the return of the defendant 8 th amendment Bail is paid directly to the court. The entire amount or in some cases 10% –If they do not make their court date the court keeps the money

6. Eligible for Personal Recognizance Must promise to return Must be considered a good risk Factors to make someone a good risk –Circumstances of the offense –Defendant’s family and community ties –Financial resources –Employment background and Prior criminal record. –Class assignment SL Pg159

7. 1.Opening statement by the Plaintiff or ___________. 2_________ _________ by the defense. 3Direct Examination by _______________________. 4__________________ by Defense. 5__________ by either side. 6Direct examination by Defense 7_________________________________________. 8_________________________________________. 9Closing statement by ________________________. 10________________ Argument by the __________. 11Jury ____________. 12_________________

8. Pretrial Preliminary Hearing- A screening device, used to determine if there is enough evidence to require a trial Grand Jury – group between 16-23 people charged to determine if there is enough evidence to hold a trial –Grand Jury indictment

9. Felony Arraignment and pleas Entering a plea to the judge or grand jury Guilty –The judge will set a date for sentencing Not Guilty –Judge set a date for trial Nolo Contendere –No contest –Set a sentence –Not used against you in civil court

10. Pretrial motions Motion for discovery of evidence Motion for a continuance, seeks more time Motion for change in venue, too much publicity Motion to suppress evidence

11. The Exclusionary Rule Items found illegally cannot be used motion to suppress evidence

12. Plea bargaining Granting concessions for a guilty plea Government avoids time and expense of trial Defendant often receives a lighter sentence

13. The Trial Right to a Trial by jury is guaranteed in the 6 th amendment Defendants may waive their right to a jury trial Jury Selection Voir Dire –Voter registration or drivers –12 members in federal court –Must reach a unanimous verdict before finding a person guilty

14. Voir Dire-Jury Selection Challenge for Cause – occurs when a lawyer claims the prospective juror does not meet the government's legal requirement, or is bias –The judge then decides whether to excuse or accept Peremptory Challenge – no explanation from the attorney –Each side has only a limited number of these –They may not make the decision based on race or gender 12 jurors are selected and then impaneled – made official Run Away Jury Clip

15. Right to a Speedy and Public Trial 6 th amendment – some states have set time limits –If the person does not receive a “speedy” trial the case can be dismissed –Often waived for more time to prepare their case

16. Right to Confront Witnesses 6 th Amendment right to confront witnesses against them (cross examination) Right to be present can be restricted if –The defendant becomes disorderly or disruptive –Contempt of court (removed) in extreme circumstances the defendant can be bound and gagged

17. Freedom from Self-incrimination The 5 th Amendment – cannot be forced to testify against yourself –This can be waived, but once the defendant takes the stand they must answer all questions Immunity- forced to answer all questions even those that are incriminating in exchange for immunity

18. Right to an Attorney 6 th Amendment – right to attorney in 1938 they changed it that the courts must provide you one if you cannot afford one

19. Sentencing Once found guilty, the defendant will be sentenced by the judge (some states Jury) Criminal statutes generally set the basic sentencing

20. The Purpose of sentencing Retribution- Idea of punishing a criminal ( an eye for an eye) Deterrence – punishment will discourage the offender from committing another crime –Serve as an example to deter others Rehabilitation – helping convicted persons to change their behavior Incapacitation – society will be protected by physically separating the criminal from the community –Parole – evaluate whether a person is rehabilitated

21. Options for sentencing Suspended sentence- a sentence is given but the person is not required to serve it and is released with no conditions attached Probation – the defendant is released to the supervision of a probation officer after agreeing to follow certain conditions

22. Home confinement – sentenced to serve the term at home – leave only for work, school or doctor’s Fine – the defendant must pay an amount of money set by the court Restitution – the defendant is required to pay back or make up for whatever loss or injury was incurred by the victim of the crime Imprisonment – the defendant is sentenced to a term in jail or prison

23. Chapter 12 (CJIA) Trial Procedures –1. Jury Selection Prosecution and defense attorneys question prospective jurors

24. People in the Court Room Judge –presides over the trial – rules on all motions made Judge –presides over the trial – rules on all motions made –At the end the judge instructs the jury –Determines the sentencing Bailiff – deputy sheriff Bailiff – deputy sheriff Court reporter –records by machine or shorthand everything said in the room Court reporter –records by machine or shorthand everything said in the room Prosecution Lawyer – members of the city’s attorney office Prosecution Lawyer – members of the city’s attorney office

25. Cont. Defense lawyers- private attorneys or members of publicly supported organizations Defense lawyers- private attorneys or members of publicly supported organizations Defendant – person accused Defendant – person accused Police Officers – investigate crimes and arrest suspects Police Officers – investigate crimes and arrest suspects Witnesses – persons asked to tell under oath what they know about the case Witnesses – persons asked to tell under oath what they know about the case –Expert witness – testify about their knowledge and give opinions Jury – a panel of adult citizens who decide the case Jury – a panel of adult citizens who decide the case

26. Instructions to the Jurors The judge tell the jurors the laws that apply Reminds them to judge solely on the evidence admitted Instruct the jury to find a guilty verdict ONLY if the case was proven beyond a reasonable doubt

27. Jury Deliberations The jury leaves the courtroom and meets in a jury room to decide a verdict Unanimous decision is not mandatory in all criminal cases Most states require it anyway If after a reasonable time a verdict is not reached the jury becomes a “hung jury”