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Criminal Justice Process: Before The Trial. 8 Steps. 1. Booking and Initial Appearance. Booking = Arraignment = Misdemeanor Felony. 2. Bail and Pretrial Release. Pretrial Detention R.O.R. Bail Conditioned Release 8 th Amendment Packet Activity (159). 3. Information.
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1. Booking and Initial Appearance • Booking = • Arraignment = • Misdemeanor • Felony
2. Bail and Pretrial Release • Pretrial Detention • R.O.R. • Bail • Conditioned Release • 8th Amendment • Packet Activity (159)
3. Information • What are the exact charges a person will face!! • Murder 1st or 2nd • Death Penalty or Life w/o Parole
4 & 5. Preliminary Hearing/Grand Jury • Misdemeanors = No Preliminary hearing or Grand Jury , Felonies only!! • Judge decides (Pre Hearing) • 16 to 23 people decide (Grand Jury) • Is there enough information to send the defendant to trial • Depends on the State • Indictment
6. Felony Arraignment and Pleas • Guilty • Not Guilty • Noro Contendere • Set a date for trial or sentencing • Trial by Jury or Bench Trial
7. Pretrial Motion: Exclusionary Rule • Request evidence from the prosecution • Request more time • Request change of venue • Request to exclude evidence *****Decided by Judge*****
8. Plea Bargaining • Used to attain a guilty plea before trial in exchange for reduced sentence • Plea Bargain activity (165) in packet