Ch10 Student notes CCJ PDF

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CHAPTER 10: PRETRIAL ACTIVITES AND CRIMINAL TRIAL

Pretrial Activities The first appearance The first appearance is an appearance before a judge during which the judge and four things happen:    

Judge will read charges Determine whether arrest was done lawfully Judge gives suspect opportunity for attorney Make the decision of pre-trial release

McNab vs US- speedy trial

Pretrial release and bail Pretrial release is the release of an accused person from custody before the trial with the expectation that they will show back up. In some cases, the judge will only release a defendant if they make bail.   

Bail: collateral, cash deposit or bond, must appear or you lose the money 2 main purposes of bail: someone has not been proven guilty so they have the right to be released, makes sure they come back for trial 93% of felony offenders cannot afford bail

Alternatives to bail where someone is still released before court 1. Release on recognizance (ROR): someone is released because they have an okay reputation, court trusts they will go back 2. Property bond: someone can put their house or car up as collateral 3. Third-party custody: someone vouches for the offender, such as an attorney, and is responsible if they show back up 4. Signature bonds: you sign saying that you will show up, and if you don’t you’ll be arrested The more serious the offense, the less likely the offender will be released on pretrial. 57% of offenders get pretrial release at a state level 68% of offenders get pretrial release at a federal level

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CHAPTER 10: PRETRIAL ACTIVITES AND CRIMINAL TRIAL 16% of defendants in the U.S. who get released on pretrial end up getting rearrested

The Grand Jury Grand juries are trials that comprise of about 23 citizens who hear the evidence against you and decide whether there is enough evidence to proceed to trial. The purpose of a grand jury is to filter out cases that would not stand a chance of conviction in court. Indictment – formal listing of charges that can actually go to court

The Preliminary Hearing States that do not rely on grand juries will use a preliminary hearing to formally charge the defendant.

Probable cause – reasonable person would look at the facts and circumstances and think that the specific person committed the crime

Arraignment and the Plea An arraignment is the first appearance of the defendant before the specific court that will try him or her. Arraignments have two purposes: 1. To once again inform the defendant of the charges against him or her 2. To allow the defendant to enter a plea

Plea: formal answer to charges (Guilty, Not Guilty, No Contest)

Plea Bargaining In some cases, the defense and the prosecution will enter a negotiation called a plea bargain Plea bargain: contract that incentivizes person to plead guilty

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CHAPTER 10: PRETRIAL ACTIVITES AND CRIMINAL TRIAL 94% of state criminal cases end up in a plea bargain Defense attorneys have to tell clients if they’ve been offered a plea bargain Consequences: potential for misuse of plea bargaining – can lead to people pleading guilty when they are not guilty because they’ve been threatened with a longer sentence or some other conviction

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Most people plead guilty in hopes of being able to go home What they don’t know, is that they’re being set up to fail o They have to pay fines, pay for probation officers, follow probation, lose rights, possibly end up back in jail – lots of revenue Many localities depend upon the courts as a major source of revenue

The Criminal Trial The main purpose of the criminal trial is to determine the defendant’s guilt or innocence regarding the charges brought against him or her. Factual guilt – whether or not they actually did it Legal guilt – whether or not the prosecutor can provide enough evidence

The Stages of the Criminal Trial 1. 2. 3. 4. 5. 6. 7. 8. 9.

Trial initiation Jury selection Opening statements Presentation of the evidence Closing arguments Judge’s charge to the jury Jury deliberations Verdict Sentence

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CHAPTER 10: PRETRIAL ACTIVITES AND CRIMINAL TRIAL Trial initiation The first step in a criminal trial is setting a court date.  

6th amendment Speedy Trial Act (1974) - federal level, after indictment, trial needs to occur between 70 business days

Jury selection After a court date is selected, the jury must then be selected.  

6th amendment Voir Dire – process of selecting jurors

Reasons a potential juror can be dismissed: 1. Challenges to the array – they don’t represent the community in which the crime occurred 2. Challenges for cause – they won’t be impartial 3. Preemptory challenge – right to remove a juror for no reason (only certain amount per case)

Sequestered v. non-sequestered jury A sequestered jury is one that is isolated from the public during the course of trial and throughout the deliberation process.

Opening statements

Opening statements are the initial statements given by the prosecutors and defense attorneys in court that describe the facts of the case that they intend to present and the argument they are making.

Presentation of the evidence

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CHAPTER 10: PRETRIAL ACTIVITES AND CRIMINAL TRIAL -

takes up majority of the trial

Evidence is anything useful to a judge or jury in deciding the facts of a case. It can be in the form of witness testimony, written documents, videotapes, magnetic media, photographs, or physical evidence. •

Prosecution presents its evidence first, followed by the defense

Evidence can be either:   

Direct – any evidence that directly proves a fact (video footage, DNA evidence) Circumstantial – compilation of evidence that forms a big picture Real evidence – must be relevant to guilt or innocence

Evidence must be relevant. The probative value is the degree to which a particular item of evidence is useful in, and relevant to, proving something important in a trial. It must be weighed against the potential inflammatory or prejudicial qualities of the evidence.

Testimony: oral evidence offered by sworn witnesses, including victims, police officers, the defendant, and specialists. Witnesses must be sworn in under oath.    

Direct examination – first questioning of witness Cross-examination – other side can continue questioning Perjury: lying under oath Hearsay: relaying what someone said to them

Defendant: the defendant does not have to testify. 

5th amendment

Closing arguments After the state and defense both rest their cases, there is the closing statement, which is an oral summary of the case presented.

Judge’s charge to the jury

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CHAPTER 10: PRETRIAL ACTIVITES AND CRIMINAL TRIAL After closing arguments, the judge will issue a charge to the jury, this charge includes telling the jury to pick a foreman (or a leader) and deliberate on the evidence until they reach a verdict. Judges will also remind jurors to: 1. 2. 3. 4.

Consider the evidence objectively Remind jury members of the statutory elements of the case That the burden of proof rests on the prosecution And that the prosecution must prove, beyond a reasonable doubt, that he is guilty.

Reasonable doubt is an actual or substantial doubt that arises from the evidence, facts or circumstances of the case, or of witnesses.

Jury deliberations The jury is then sent to deliberate—the amount of time this takes will vary.

Verdict Once they reach a verdict or a decision on the case, they will issue that verdict. Most jurisdictions require that a unanimous verdict, meaning all the jurors agree. If a jury is deadlocked and cannot agree, it is a hung jury and the case must be retried.

Sentencing The judge issues the sentence.

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