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Understanding the Criminal Justice System

Understanding the Criminal Justice System. CJUS 101 Chapter 9: The Court Process From First Appearance through Trial. Process. The court process - business of the court a. Arrest is made - issue citation and release - booking process and then release

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Understanding the Criminal Justice System

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  1. Understanding the Criminal Justice System CJUS 101 Chapter 9: The Court Process From First Appearance through Trial

  2. Process • The court process - business of the court a. Arrest is made - issue citation and release - booking process and then release - book into jail awaiting court appearance (1) Bail is set - ensure court appearance - bail cannot be excessive (8th Amend.)

  3. Process - not to punish (a) Washington state - bail schedule - homicide excluded (2) Judge considers: - seriousness of crime - criminal record - state’s case - chance of fleeing / threatening witnesses

  4. Process b. Release on bail / bond (1) Bail - judge can require cash bail - according to bail schedule - extreme circumstances set by judge - warrant issued for ‘fail to show’ (2) Bond - no cash required - bail bond can be posted

  5. Process - issued by private companies - paper document / no cash exchanged - surety deposit - paid 10% of bail amount - hire bounty hunters for fail to appear (3) Problems generated - discriminates - becomes discretionary - unknown risks - preventive detention

  6. Process - uncollected bonds - collection process c. Pretrial detention - held for trial - insures availability - attorney access - protects community (1) Preventive detention - US Supreme Ct (1951)

  7. Process - not used for punishment - not to protect society (2) Bail Reform Act (1984) - assess danger potential - posed threat - did not violate 5th / 8th Amendments (3) Release on recognizance - community ties / background - proper ID / confirm local address

  8. Process d. Grand jury - protect citizens from unfair accusations (1) Definition: “Consists of twelve or more persons, is impaneled by a superior court and constitutes a part of such court. The functions of a grand jury are to hear, examine, and investigate evidence concern- ing criminal activity and corruption and to take action with respect to such evidence. The grand jury shall work as a whole.”

  9. Process (1) Functions of the grand jury: - investigative body - accusatory body - indictment returned (2) Procedures - no due process - private / secret - no cross examination - no transcripts - “true bill” / “no bill”

  10. Process - indict on hearsay - illegally obtained evidence admissible - Ex Parte - immunity can be used - contempt power can be used e. Pleas - guilty / not guilty - nolo contendere / standing mute - insanity / statutory limitations - Alford / double jeopardy

  11. Process f. Pretrial motions (3.5 hearings) - motion for discovery - change of venue - motion for suppression - bill of particulars - motion for severance - motion for continuance - motions for dismissal - motion for exclusion g. Speedy / public trial (6th Amendment)

  12. Process - federal: 100 days - state: 60 days in custody / 90 days out h. Jury - 1968: US Supreme Ct. required states - 1970: non-capital crimes = jury of six - “motor voter” registration - selected at random - attorneys question: “voir dire” - challenge for cause / peremptory challenge

  13. Trial • The criminal trial a. Opening statements - prosecution: overview of case - defense: why client not guilty b. State’s case-in-chief (prosecutor) - calls witnesses / presents evidence - defense can object to statements / evidence - defense can cross-examine - state rests

  14. Trial c. Defense case-in-chief - calls witnesses / presents evidence - prosecutor can object to statements / evidence - prosecutor can cross-examine - defense rests d. Rebuttal / surrebuttal - attorneys can recall witnesses - clarify / emphasize certain points e. Closing statements (arguments)

  15. Trial - prosecutor reviews case for jury - defense attorney explains why case not made - prosecutor has last remarks (burden of proof) f. Charging the jury - judge explains rules jury must follow - what they can and cannot do in deliberations (1) Jury moves to deliberation room - select one juror to be foreperson - begin deliberations

  16. Trial (2) Verdict - guilt or innocent g. Sentencing - 2 weeks / one month - probation / parole officers conduct background • Rules of evidence a. Real evidence - physical objects

  17. Trial b. Testimonial evidence - sworn statements - to police / in court c. Direct evidence - eyewitness accounts - fingerprints / DNA d. Circumstantial evidence - fact can be reasonable inferred - no direct evidence

  18. Trial e. Hearsay evidence - that which is told to another - “dying declaration” • Evidence must be: a. Competent - legally fit for presentation in court - expert witness b. Material

  19. Trial - it has a legitimate bearing on the case c. Relevant - it is applicable to the issue in question

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