Criminal Justice Process: Proceedings Before Trial

1. Criminal Justice Process: Proceedings Before Trial Chapter 13 Street Law Text pp. 155-165

2. Booking and Initial Appearance • Before a criminal case is scheduled for trial, several pretrial actions must take place, that are usually standard in every case • Booking- Formal process of making a police record of the arrest– In Processing– • Name, address, birthday, employment, previous arrests, fingerprinting, mug shots • Possibly DNA [from fingernails or hair], urine or blood tests for drugs/alcohol • Usually there is an initial hearing before a judicial officer where the defendant is given information on their rights and the charges against them • Arraignment- usually in a felony case where the defendant enters a plea [guilty, not guilty, or nolocontendere]

3. Bail and Pretrial Release • Bail- Amount of money posted by a defendant to be released from jail prior to their trial • The purpose of bail is to assure the court that the defendant will return for trial • Bail is usually set by the crime committed, the likely hood of fleeing, and the safety of society in general. • Usually a bond of 10% [of total bail] is required to be released from jail • If the defendant cannot come up with that amount they usually go to a bail bondsman who posts the 10% for a fee or may have to pay the entire amount of bail • If a defendant skips out on the bail the bondsman will send a bounty hunter after the defendant to offset his losses! • Personal Recognizance-Personal bond, a person must promise to return for court. Usually this person must be of low risk of fleeing, and not a threat to society at all • Conditional Release- is when a defendant is released prior to trial with one or more conditions [Drug/Alcohol treatment, House arrest, Work release, etc] • Pretrial Detention- No release at all prior to trial

5. You Be the Judge p. 159

6. Information • Information- Formal accusation of the defendant, detailing the nature and circumstances of the charge • Used when there is enough evidence to show the court the defendant should be tried [in place of indictment, or a preliminary hearing] Preliminary Hearing • Preliminary Hearing- Screening process in felony case to determine if there is enough evidence to try a defendant • During the hearing the defendant may have an attorney, present evidence, and cross examine witnesses.. If the judge dismisses the case the prosecution may request a grand jury Grand Jury • Grand Jury- Group of 16-23 that review evidence to see if there is enough to charge a person with a crime • Indictment- Formal charge brought by a grand jury Felony Arraignment and Pleas • After an indictment, information, or preliminary hearing the defendant is required to appear in court and enter a plea– Guilty, Not Guilty, or • Nolo Contendere- No Contest-The defendant does not admit guilt but does not challenge the charges [treated like a guilty plea, no trial]

7. Pretrial Motions • Pretrial Motion- Formal request prior to a trial that the court must rule on or take some action on • Motion for discovery of Evidence • Request to examine evidence gathered by prosecutor • Motion for a Continuance • Request to have more time to prepare for trial • Motion for Change of Venue • Request to move the trial to another jurisdiction, usually because an impartial jury can not be found • Motion to Suppress Evidence • Request that certain evidence not be allowed during the trial • Motion to Dismiss • Request to have the case dismissed by the Judge, prior to trial, because of lack of evidence [as seen by the defense]

8. The Exclusionary Rule • The 4th Amendment protects citizens against “unreasonable searches and seizures”. The Supreme Court has put “teeth” in this by creating and enforcing the: • Exclusionary Rule-Evidence that is illegally seized cannot be used at trial to convict a person • The rule does not stop a person from being arrested or tried but may cause difficulty in proving guilt • Judicial Integrity-Courts should not be a party to lawbreaking by police or prosecutors • Deterrence-Measures taken to discourage criminal actions usually by punishment of some sort…… • In the case of the Exclusionary Rule it attempts to deter police from violating the 4th Amendment

10. Plea Bargaining • Only about 10% of all criminal cases go to trial • Most people plead Guilty or Nolo Contendere • The most common of these are those that sign a traffic citation and send their fine to the court, this is usually a separate class of crime [traffic violations] but can be a misdemeanor • Plea Bargaining-Accused agreeing to plead guilty or Nolo Contendere in exchange for a lesser charge • Plea Bargaining is obviously very common, it saves tax payers money, and ensures that there is a conviction, even if it is for a lesser charge