St 10: Pretrial Procedures

1. St 10: Pretrial Procedures Students can identify the steps involved in the pretrial criminal process.

2. Due Process • Due Process Clause: “No person shall be deprived of life, liberty, or property without due process of law.”

3. What does the process usually look like? • An unbiased trial. • Notice of the charges and evidence • Opportunity to present reasons why the proposed punishment should not be enacted. • The right to present evidence, including the right to call witnesses. • The right to know opposing evidence. • The right to cross-examine adverse witnesses. • A decision based exclusively on the evidence presented. • Opportunity to be represented by counsel. • Requirement that the court prepare a record of the evidence presented. • Requirement that the court prepare written findings of fact and reasons for its decision.

4. Learning Target 10.1 I can question whether the right to a speedy trial guarantees due process to all Americans.

5. 6th Amendment Rights Guarantees the right to a “speedy trial” State laws vary on what is “speedy” Fed courts require not more than 100 days between arrest and trial Why would this be important enough to include in the Bill of Rights?

6. Initial Appearance • Promptly (usually within 48 hours of arrest) • Defendant informed of charges • Brief summary of evidence • Constitutional Rights • 5th Am: right to silence • 6th Am: right to counsel • Bail

7. Learning Target 10.2 I can synthesize information about initial appearances to determine the bail amount of a given felon.

8. What is Bail? Definition: amount paid by the defendant to the court and retained by the court until the defendant returns for further proceedings

9. Determining Bail Amount • Risk • Flight risk • Criminal risk • Type of crime committed • bail will be denied for capital crimes • Defendant’s record • Defendant’s general character • Prosecutor’s recommendations

10. Bail Bondsperson Type of business that posts bail for a person that can not afford it for a fee. Bounty hunters: hired by bail bondspersons to find and detain those that skip bail.

11. Grand Jury Hearing Pretrial Hearings Preliminary Hearing Judge hears prosecution present evidence Judge determines probable cause to proceed with trial Charging Document: Informant Can be requested or waived by defendant Grand Jury hears prosecution present evidence Grand Jury determines probable cause to proceed with trial Charging document: Indictment Required by Fed courts and some states

12. Arraignment • Charges read • Defendant enters plea • Guilty • Not Guilty • Nolo contendere (no contest)

13. LT 10.3 –Plea Bargaining I can synthesize information about plea bargains by creating a specific scenario.

14. Types of Plea Bargaining • Charge bargaining • Lesser charge • Ex: 1st degree murder reduced to 2nd • Sentence bargaining • Lighter sentence • Shorter prison time, probation, or alternate punishment • Judge has final decision • Count bargaining • Reduction in charges if multiple charges exist

15. Plea Bargaining Benefits • 95% of cases • Benefits to Prosecution • No risk of “not guilty” verdict • Quicker resolution • Personal discretion • Benefits to Defense • Helps a guilty defendant • Quicker resolution

16. Inducing a Guilty Plea • Over charging: • prosecution bring extra charges for a single crime or higher charge for a lesser crime. • Strong Evidence