1. Criminal Justice Today CHAPTER Criminal Justice Today, 13th Edition Frank Schmalleger Copyright © 2015, © 2013 by Pearson Education, Inc. All Rights Reserved BOOK COVER Pretrial Activities and the Criminal Trial 10

2. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Pretrial Steps First Appearance  The first contact with an officer of the court  Formal notice of the charges  Advised of rights  Given the opportunity to retain a lawyer or to have one appointed and chance for bail without unnecessary delay

3. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Pretrial Steps Pretrial release  Promise to appear in court when required Preliminary hearing  No grand jury  Information/complaint against accused  Probable cause

4. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Pretrial Steps Arraignment  First appearance before the court with authority to try the case Inform suspect of specific charges Allow defendant to enter a plea Guilty Not guilty Nolo contendere

5. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Pretrial Steps Bail serves two purposes: 1.Helps ensure reappearance of the accused in court 2.Prevents unconvicted persons from suffering imprisonment unnecessarily

6. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Pretrial Steps Bail bond  A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear

7. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Pretrial Steps Alternatives to bail  Release on recognizance  Property bond  Deposit bail  Conditional release  Third-party custody  Unsecured bonds  Signature bonds

8. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Pretrial Release and Public Safety Defendants who pose a danger to the public may be detained until the time of their trial Some states have passed danger laws which limit the right to bail on certain kinds of offenders Other states have passed constitutional amendments restricting the use of bail

9. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Pretrial Steps 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  Circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case

10. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Criminal Trial The main purpose of the criminal trial is to determine the defendant’s innocence or guilt Factual guilt vs. Legal guilt

11. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Criminal Trial Trials are built around the adversarial system  Pits the prosecution against the defense  In theory, justice is done when the most effective adversary is able to convince the judge or jury that his/her perspective on the case is the correct one

12. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved The Trial Process Trial initiation Jury selection Opening statements Presentation of evidence Closing arguments Judge’s charge to jury Jury deliberation Verdict

13. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Jury Selection The process in which both the prosecution and defense can use challenges to remove prospective jurors from the jury pool  Challenge to the array  Challenge for cause  Peremptory challenge Scientific jury selection Sequestered jury

14. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Opening Statements The initial statement of the prosecutor or the defense attorney, made in a court of law to a judge or jury, describing the facts that he/she intends to present during trial to prove the case Attorneys may mention only the evidence that they believe actually can and will be presented as the trial progresses

15. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Presentation of Evidence Evidence is anything useful in deciding the facts of a case  Witness testimony  Written documents  Videotapes  Magnetic media  Photographs  Physical evidence Prosecution presents its evidence first, followed by the defense

16. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Types of Evidence Direct evidence directly proves a fact, such as videotaped documentation Circumstantial evidence is indirect evidence which requires the judge or jury to make inferences and to draw conclusions Real evidence consists of physical material or traces of physical activity

17. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Testimony Oral evidence presented by witnesses, including victims, police officers, the defendant, and specialists  Sworn in under oath  Direct examination  Cross-examination Perjury Hearsay

18. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Closing Arguments Both the defense and the prosecution make presentations to a judge or jury to persuade the jury to draw a conclusion based on their position  Narrative summation

19. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Judge’s Charges the Jury Select a foreperson Deliberate objectively only on the evidence that has been presented Return with a verdict based on the standard of beyond a reasonable doubt

20. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Jury Deliberation May take minutes or weeks Many jurisdictions require a unanimous verdict Some juries are unable to reach a verdict  Hung jury

21. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Problems with the Jury System Legal complexities are difficult for the average citizen to understand Some argue the system should be replaced by a panel of judges which would require a change to the 6 th Amendment Another recommendation is to have professional jurors offering dependability, knowledge, and equity

22. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Improving the Adjudication Process Unifying courts  Merge courts Court watch citizens groups  Monitor the trial court level and report on problems

23. Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Improving the Adjudication Process Statistical measure of court performance The following may be examined:  The efficiency with which prosecutors schedule trials  The speed of judges resolving issues  The time judges spend on the bench  The economics of the court system