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Pre-Trial Activities & Trial. Chapter #10. pre-trial activities. Arrest / preliminary arraignment / preliminary hearing / formal hearing. arrest. Actual arrest Constructive arrest. preliminary arraignment. Notification of charges Miranda Bail 6 hour rule. bail. Full amount 10% ROR
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Pre-Trial Activities & Trial Chapter #10
pre-trial activities Arrest / preliminary arraignment / preliminary hearing / formal hearing
arrest • Actual arrest • Constructive arrest
preliminary arraignment • Notification of charges • Miranda • Bail • 6 hour rule
bail • Full amount • 10% • ROR • Conditional release • Signature bond • Pre-trial services • Sets rules of bail • P. 377
Danger laws Limit right to bail for violent offenders
Private citizens Generally 23 Simple majority Secret ballot Find a bill of indictment Investigative grand juries Primi facie District magistrate 3-10 days (no bail) 30 days (bail) Outcomes 1. refer for trial Dismiss charges Resolve case Grand jury /Preliminary hearing
formal arraignment • Notice of attorney • Explanation of charges • Motions • Pleas • Guilty • Nolo contendre
guilty plea • Allocution • Sixth Amendment rights given up: • 1. self-incrimination • 2. trial by jury • confrontation
criminal trials Determine: guilty / not guilty / hung jury Innocence: presumption
criminal trials Highly formalized Adversarial: prosecution & defense argue their cases before judge & jury
levels of guilt • Factual guilt: defendant actually responsible for the crime (may be found not guilty) • Legal guilt: defendant found guilty as charged
1. voir dire 2. judges opening statement 3. prosecutor & defense opening 4. prosecution case 5. defense case 6. rebuttal 7. prosecutor & Defense attorney’s closing 8. judge’s jury instruction 9. jury deliberations 10. verdict 11. post-trial motions Motions - anytime states of a trial
speedy trial - pa 180 days – incarceration 365 - bail
Strunk v. U.S. (’73) – denial of a speedy trial should result in dismissal U.S. v Taylor (’88) – delay resulting from defendant doesn’t count toward 180 days Doggett v U.S. (‘92) – delay caused by gov’t negligence creates prejudice & could become intolerable Federal Speedy Trial Act (’74) – 180 days speedy trial cases - USSC
Voir dire – to speak the truth Impartial Jury of peers Guaranteed by sixth amendment Juror challenges Challenge to the array: jury pool not representative of community – motion prior to voir dire Challenge for cause: claim that a specific juror can’t be impartial / unlimited in number Challenge for judge: judges dismisses jurors for reasons of work etc Peremptory challenge: limited in number / jurors attorneys don’t want / 5 per misdemeanor / 7 per felony / 20 per capital case jury selection process
sequestered jury Isolated from public during trial Move trial Import jury
Batson v Kentucky ‘90 use of peremptory challenges for purposeful discrimination constitutes a Sixth Amendment violation
opening statements Prosecution first Defense second Outline respective cases
Types Direct – testimony of witnesses – what they sense Circumstantial – must make an inference to draw conclusion Real (physical) – tangible exhibits Evidence – anything useful to decide facts of case Relevancy – must directly or indirectly relate to case Probative value – the importance of evidence but does not rise to level of prejudicial evidence
testimony of witnesses • Oral evidence presented by lay & expert witnesses • Competency of witnesses • Defendant only can take the 5th • Under oath – perjury • Direct & cross examination • Child witnesses – PA – no videotape
hearsay Anything not based on witnesses’ personal knowledge “second-hand evidence” Exceptions: excited utterances & dying declarations
closing arguments Defense first Prosecution second Summary of the case from their perspective
judge’s instructions (charge) • Explanation of the law pertaining to case • Selection of foreman • Deliberation rules • Verdict rules
verdicts Unanimous in most courts Hung jury Double jeopardy
Jury system problems 1. jurors don’t understand the process 2. personal prejudices Fear retaliation Jury nullification Professional juries???????????????????????? Improving the process 1. reduce the number of jurisdictions 2. more court-watching groups 3. more accurate statistical measurement of court performances adjudication process