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Criminal Justice Process

Criminal Justice Process. Proceedings Before Trial. Booking. The formal process of making a police record of the arrest The police may be allowed to take fingernail clippings, handwriting specimens, or blood samples from the defendant

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Criminal Justice Process

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  1. Criminal Justice Process Proceedings Before Trial

  2. Booking • The formal process of making a police record of the arrest • The police may be allowed to take fingernail clippings, handwriting specimens, or blood samples from the defendant • Defendant gives identifying information and arrest history. • Defendant does NOT give a plea

  3. Initial Appearance • Misdemeanor – enters plea • Felony- Gives plea at arraignment (grand jury) • The most important decision at this time is whether or not to release the defendant from custody • A defendant does not have a right to an attorney at the preliminary arraignment

  4. Arraignment • A court session at which a defendant is charged and enters a plea. For a misdemeanor this is also the defendant’s initial appearance, at which the judge informs him or her of charges and sets the bail.

  5. Pretrial Release • Personal Recognizance - When a defendant has ties to a community and can be expected to return to court • It reflects the American judicial system’s presumption of evidence • Bail – Money to secure a person’s return to court for further hearings

  6. Preliminary Hearing • Pretrial proceeding at which the prosecutor must prove that a crime was committed and establish the probable guilt of the defendant. If the evidence does not show probable guilt, the judge may dismiss the case.

  7. Grand Jury Proceeding • Grand Jury – Group of people charged with determining whether there is sufficient cause to charge a person with a crime • Used by the federal government and about 20 states • The prosecutor need not present all of the evidence the state has at this proceeding

  8. Indictment • Formal charges of criminal action

  9. Information • A prosecuting attorney’s federal accusation of the defendant, detailing the nature and circumstances of the charge

  10. Bail • Money or property put up by the accused or his or her agent to allow release from jail before trial. The purpose of bail is to assure the court that then defendant is present for trial.

  11. Personal Recognizance • A release from legal custody based on a defendant’s promise to show up for trial.

  12. NoloContendere • Plea in which the defendant does not admit guilt but does not contest the charges

  13. Pretrial Motion • A document by which a party asks the judge to make a decision or take some action before the trial begins.

  14. Motion for Discovery of Evidence • A request by the defendant to examine, before trial, certain evidence possessed by the prosecution.

  15. Motion for a Continuance • A request to postpone a lawsuit to gain more time to prepare the case.

  16. Motion for Change of Venue • To change the location of trial • To avoid community hostility • For the convenience of witnesses • Used in DC Sniper case

  17. Motion to Suppress Evidence • It is a request that certain evidence not be allowed to be presented.

  18. Judicial Integrity • This is an argument for the use of the exclusionary rule, which emphasizes that courts should not permit lawbreaking by the police. Used in discussing search and seizure.

  19. Plea Bargains • In many cases the prosecutor and the defense enter into plea bargains • The judge is not required to accept a plea bargain worked out by the parties • A judge will not accept a plea bargain if the defendant does not fully understand voluntarily enter the plea • Victims are most likely to object

  20. Advantages of Plea Bargaining • Prosecutor • In weak cases, still get a conviction, even if to a lesser crime. • May have high caseloads • Without guilty pleas, trials could not occur within the speedy trial rule. • Avoids the time and expense of a public trial • Defense Attorney • Have very high caseloads and rely on plea bargains to maintain caseloads • Helps them achieve a favorable outcome for their client

  21. Advantages of Plea Bargaining Cont’d • Defendant • Receive some favorable benefits (reduced criminal charge, lower penalty, etc.) • Is less expensive and is less time consuming • Judge • Forces the defense counsel and prosecutor to discuss the relative strengths and weaknesses of their case. • Reduces their dockets

  22. Disadvantages of Plea Bargains • Prosecutor • As elected official, may be strongly criticized by public for plea bargaining • Defense Attorneys • May negotiate a plea arrangement that the judge does not accept, which results in the client pleading guilty and not obtaining the benefit expected.

  23. Disadvantages of Plea Bargains • Defendant • May feel pressured to accept a plea bargain • May not obtain the benefit he or she expected from the plea bargain • May come to believe that the system is unfair and their attorney is incompetent • May come to believe that the criminal justice system is not about justice but about dealmaking • Judge • As elected official, may feel that the public unfairly blames them for “deals” made by the prosecutor

  24. Good Faith Exception • When there is a good faith exception to the exclusionary rule, seized evidence can be used against the defendant at trial

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